Okla. Stat. tit. 12, § 12-1173.4

A. Any judgment creditor may obtain a continuing lien on

earnings. For the purposes of this section, "earnings" means any

Oklahoma Statutes - Title 12. Civil Procedure Page 247

form of payment to an individual including, but not limited to,

salary, wages, commission, or other compensation, but does not

include reimbursements for travel expenses for state employees.

B. A continuing earnings garnishment shall be commenced by

filing the affidavit provided for by Section 1172 of this title.

C. The summons required by this section shall be on a form

prescribed by the Oklahoma Bar Association. The Administrative

Office of the Courts shall provide public access to the summons by

providing a link to the form on the Oklahoma State Courts Network

(OSCN) website.

D. The summons required by this section shall be served upon

each of the garnishees, together with a copy of the judgment

creditor's affidavit, a garnishee's answer form, notice of

garnishment and request for hearing, and claim for exemptions, in

the manner provided for in Section 2004 of this title and shall be

returned with proof of service within ten (10) days of its date.

E. The garnishee's answer shall be on a form prescribed by the

Oklahoma Bar Association. The Administrative Office of the Courts

shall provide public access to the garnishee's answer by providing a

link to the form on the Oklahoma State Courts Network (OSCN)

website.

F. Within seven (7) days after the end of each pay period, or,

if the judgment debtor does not have regular pay periods or is not

paid by the garnishee within thirty (30) days from the date of the

garnishment summons, and after any payment by the garnishee to the

judgment debtor, the garnishee shall file an answer with the court

clerk, and pay the amount withheld to the judgment creditor's

attorney or to the judgment creditor, if there is no attorney,

together with a copy of the answer which shall state:

1. Whether the garnishee was the employer of the defendant

named in the notice, was indebted to the defendant, or was under any

liability to the defendant in any manner or upon any account for

earnings, specifying the beginning and ending dates of the pay

period, if applicable, existing at the time of the service of the

affidavit and summons, the total amounts earned in the entire pay

period, and all of the facts and circumstances necessary to a

complete understanding of any indebtedness or liability. When the

garnishee shall be in doubt respecting the liability or

indebtedness, the garnishee may set forth all of the facts and

circumstances concerning the same, and submit the question to the

court;

2. If the garnishee shall claim any setoff, defense, other

indebtedness, liability, lien, or claim to the property, the facts

and circumstances in the affidavit;

3. At the garnishee's option, any claim of exemption from

execution on the part of the defendant or other objection known to

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the garnishee against the right of the judgment creditor to apply

the indebtedness or property disclosed;

4. If the garnishee shall disclose any indebtedness or the

possession of any property to which the defendant or any other

person makes claim, at the garnishee's option, the names and

addresses of other claimants and, so far as known, the nature of

their claims; and

5. That the garnishee has mailed or hand-delivered a copy of

the notice of garnishment and exemptions, application for hearing,

and the manner and date of compliance.

G. The garnishment summons served on the garnishee under this

section is a lien on the defendant's property due at the time of

service or the effective date of the summons, to the extent the

property is not exempt from garnishment. This lien attaches to

subsequent nonexempt earnings until one of the following occurs:

1. The judgment against the defendant is vacated, modified, or

satisfied in full;
garnishment summons served on the garnishee under this

section is a lien on the defendant's property due at the time of

service or the effective date of the summons, to the extent the

property is not exempt from garnishment. This lien attaches to

subsequent nonexempt earnings until one of the following occurs:

1. The judgment against the defendant is vacated, modified, or

satisfied in full;

2. The summons is dismissed; or

3. One hundred eighty (180) days from the effective date of the

summons have elapsed; provided, an affidavit and summons shall

continue in effect and shall apply to a pay period beginning before

the end of the one-hundred-eighty-day period even if the conclusion

extends beyond the end of the period.

H. 1. A garnishment lien under this section has priority over

any subsequent garnishment lien or garnishment summons served on the

garnishee during the period it is in effect, regardless of whether

the amounts withheld by the garnishee are reduced by the court or by

agreement of the parties.

2. a. When a garnishment summons is served under this

section on a garnishee while a previous garnishment

lien is still in effect, the garnishee shall answer

the subsequent garnishment lien or garnishment summons

by stating that the garnishee is presently holding

defendant's property under a previous garnishment lien

or garnishment summons, and by giving the date when

all previous garnishment liens or garnishment summons

are expected to end.

b. The subsequent summons is not effective if a summons

or lien on the same cause of action is pending at the

time of service unless the subsequent summons in the

same cause of action is served after the one-hundred-

fiftieth day of the previous garnishment lien.

I. 1. When a postjudgment wage garnishment under Section 1173

of this title or a continuing earnings garnishment under this

section is issued against a defendant already subject to an income

assignment for child support, the garnishee shall determine the

maximum percentage of the defendant's disposable earnings according

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to the provisions of Section 1171.2 of this title and then deduct

from that percentage the actual percentage of the defendant's

disposable earnings actually withheld under the income assignment.

The resulting percentage shall be the amount to be withheld by the

garnishee, not to exceed twenty-five percent (25%).

2. For any involuntary legal or equitable procedures through

which the earnings of any individual are required to be withheld for

the payment of any debt which has statutory priority over this

section, the amount withheld pursuant to a garnishment under this

section shall be reduced by the actual sums withheld pursuant to

such other involuntary process.

J. A continuing earnings garnishment may be suspended or

modified for a specific period of time within the effective period

of the garnishment by the judgment creditor upon agreement with the

judgment debtor, which agreement shall be in writing and filed by

the judgment creditor with the clerk of the court in which the

judgment was entered, and a copy of which shall be mailed by first-

class mail, postage prepaid by the judgment creditor to the

garnishee.

K. Any garnishment issued against a debtor already subject to a

continuing or noncontinuing earnings garnishment shall take effect

immediately upon the conclusion of the prior garnishment, and shall

be effective for its full one-hundred-eighty-day period of time or

as otherwise provided in subsection G of this section.