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.

Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.

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.

Status: in_force · Read it on the official government site

Need a lawyer in Oklahoma?

Find a Oklahoma lawyer
About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.