Okla. Stat. tit. 12, § 12-1172.2
This is the official text of Okla. Stat. tit. 12, § 12-1172.2, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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Notice of garnishment and exemptions - Payment of funds
Official statutory text
by garnishee.
A. When a garnishment summons is issued in any action after the
judgment is filed, the court clerk shall attach to the garnishment
summons a notice of garnishment and exemptions required by
subsection C of Section 1174 of this title and an application for
the defendant to request a hearing. If the garnishee is indebted to
or holds property or money belonging to the defendant, the garnishee
Oklahoma Statutes - Title 12. Civil Procedure Page 242
shall immediately mail by first-class mail a copy of the notice of
garnishment and exemptions and the application for hearing to the
defendant at the last-known address of the defendant shown on the
records of the garnishee at the time the garnishment summons was
served on the garnishee. If more than one address is shown on the
records of the garnishee at the time of service of the summons, the
garnishee shall discharge the duty by mailing the required items to
any one of the addresses shown on its records. In lieu of mailing,
the garnishee may hand-deliver a copy of the notice of garnishment
and exemptions and the application for hearing to the defendant.
The garnishee shall have no liability except for willful failure to
mail or hand-deliver the copy of the notice of garnishment and
exemptions and the application for hearing to the defendant. The
answer of the garnishee shall contain a statement indicating
substantial compliance with this section. If the application
requesting a hearing is filed, the court shall set the matter for
hearing within not less than two (2) nor more than ten (10) days
from receipt of the returned application, and the court clerk shall
give notice of the hearing to each of the parties by first-class
mail. The defendant shall have the burden of proof to show that
some or all of the assets subject to the garnishment are exempt.
The court shall issue an order determining the exemption and
directing distribution of funds, as appropriate. The court may
direct such other orders to the judgment creditor as are necessary
to prevent subsequent garnishment of the exempt property.
B. In any case in which the garnishee is required by law or by
order of the court to pay garnishment funds, the garnishee shall pay
the funds directly to the judgment creditor, unless otherwise
ordered by the court upon good cause shown, to pay the funds
directly to the court clerk or unless due to federal law or federal
regulation it is necessary that payment be made directly to the
court clerk.
C. Any funds paid to the court clerk on a judgment, whether or
not pursuant to a garnishment summons shall be paid to the judgment
creditor's attorney, or to the judgment creditor if there is no
attorney within twenty-one (21) days from receipt by the court
clerk, notwithstanding the various times set forth above unless
otherwise directed by the court. No order of disbursement shall be
necessary. In distribution of funds to the judgment creditor's
attorney or judgment creditor, if received pursuant to a
garnishment, the court shall not have the duty to determine whether
or not the garnishee has complied with the mailing or hand-delivery
required of this section or be held liable for complete or partial
noncompliance with the notice delivery requirement by the garnishee.
A. When a garnishment summons is issued in any action after the
judgment is filed, the court clerk shall attach to the garnishment
summons a notice of garnishment and exemptions required by
subsection C of Section 1174 of this title and an application for
the defendant to request a hearing. If the garnishee is indebted to
or holds property or money belonging to the defendant, the garnishee
Oklahoma Statutes - Title 12. Civil Procedure Page 242
shall immediately mail by first-class mail a copy of the notice of
garnishment and exemptions and the application for hearing to the
defendant at the last-known address of the defendant shown on the
records of the garnishee at the time the garnishment summons was
served on the garnishee. If more than one address is shown on the
records of the garnishee at the time of service of the summons, the
garnishee shall discharge the duty by mailing the required items to
any one of the addresses shown on its records. In lieu of mailing,
the garnishee may hand-deliver a copy of the notice of garnishment
and exemptions and the application for hearing to the defendant.
The garnishee shall have no liability except for willful failure to
mail or hand-deliver the copy of the notice of garnishment and
exemptions and the application for hearing to the defendant. The
answer of the garnishee shall contain a statement indicating
substantial compliance with this section. If the application
requesting a hearing is filed, the court shall set the matter for
hearing within not less than two (2) nor more than ten (10) days
from receipt of the returned application, and the court clerk shall
give notice of the hearing to each of the parties by first-class
mail. The defendant shall have the burden of proof to show that
some or all of the assets subject to the garnishment are exempt.
The court shall issue an order determining the exemption and
directing distribution of funds, as appropriate. The court may
direct such other orders to the judgment creditor as are necessary
to prevent subsequent garnishment of the exempt property.
B. In any case in which the garnishee is required by law or by
order of the court to pay garnishment funds, the garnishee shall pay
the funds directly to the judgment creditor, unless otherwise
ordered by the court upon good cause shown, to pay the funds
directly to the court clerk or unless due to federal law or federal
regulation it is necessary that payment be made directly to the
court clerk.
C. Any funds paid to the court clerk on a judgment, whether or
not pursuant to a garnishment summons shall be paid to the judgment
creditor's attorney, or to the judgment creditor if there is no
attorney within twenty-one (21) days from receipt by the court
clerk, notwithstanding the various times set forth above unless
otherwise directed by the court. No order of disbursement shall be
necessary. In distribution of funds to the judgment creditor's
attorney or judgment creditor, if received pursuant to a
garnishment, the court shall not have the duty to determine whether
or not the garnishee has complied with the mailing or hand-delivery
required of this section or be held liable for complete or partial
noncompliance with the notice delivery requirement by the garnishee.
Status: in_force · Read it on the official government site
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