Okla. Stat. tit. 12, § 12-1174
This is the official text of Okla. Stat. tit. 12, § 12-1174, 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 to defendant of garnishment proceedings
Official statutory text
A. In all cases of garnishment before judgment, the defendant
in the principal action shall be given notice of the issuance in
said action of any garnishee summons, the date of issuance of said
summons, and the name of the garnishee.
B. In all cases of garnishment for the collection of child
support, the defendant shall be given notice as required by this
section.
C. In all cases of postjudgment garnishment, the court clerk
shall attach notice, in a form prescribed by the Oklahoma Bar
Association, with the garnishment, in the manner provided by Section
1172.2 of this title that the defendant may be entitled to claim an
exemption for any assistance received pursuant to the terms of the
Federal or Oklahoma Social Security Act and other exemptions that
may be available to the defendant, and that any such claim should be
filed with the court clerk within five (5) days from receipt of
notice in a form prescribed by the Oklahoma Bar Association,
Oklahoma Statutes - Title 12. Civil Procedure Page 250
requesting a hearing as to the status of any assets which the
defendant asserts are exempt. Any proceeding to claim an exemption
initiated subsequent to five (5) days after receipt of notice shall
be by motion unless otherwise agreed by the parties.
D. The Administrative Office of the Courts shall provide public
access to both the notice and claim for exemption by providing links
to the forms on the Oklahoma State Courts Network (OSCN) website.
E. Said notification may be accomplished by:
1. Serving a copy of the garnishee summons on the defendant or
on his or her attorney of record in the manner provided for the
service of summons; or
2. Sending the notice or a copy of the garnishee summons to the
defendant or his or her attorney of record by registered or
certified mail with return receipt requested, which receipt shall be
filed in the action; or
3. Attaching the notice on the summons issued in the principal
action prior to its service; or
4. Including the notice in the publication notice when service
in the principal action is by publication; or
5. Publication one time in a newspaper of general circulation
in the county in which the action is filed at least five (5) days
prior to the date on which the garnishee's answer is due if the
defendant is a nonresident or if the defendant's whereabouts are
unknown to plaintiff.
in the principal action shall be given notice of the issuance in
said action of any garnishee summons, the date of issuance of said
summons, and the name of the garnishee.
B. In all cases of garnishment for the collection of child
support, the defendant shall be given notice as required by this
section.
C. In all cases of postjudgment garnishment, the court clerk
shall attach notice, in a form prescribed by the Oklahoma Bar
Association, with the garnishment, in the manner provided by Section
1172.2 of this title that the defendant may be entitled to claim an
exemption for any assistance received pursuant to the terms of the
Federal or Oklahoma Social Security Act and other exemptions that
may be available to the defendant, and that any such claim should be
filed with the court clerk within five (5) days from receipt of
notice in a form prescribed by the Oklahoma Bar Association,
Oklahoma Statutes - Title 12. Civil Procedure Page 250
requesting a hearing as to the status of any assets which the
defendant asserts are exempt. Any proceeding to claim an exemption
initiated subsequent to five (5) days after receipt of notice shall
be by motion unless otherwise agreed by the parties.
D. The Administrative Office of the Courts shall provide public
access to both the notice and claim for exemption by providing links
to the forms on the Oklahoma State Courts Network (OSCN) website.
E. Said notification may be accomplished by:
1. Serving a copy of the garnishee summons on the defendant or
on his or her attorney of record in the manner provided for the
service of summons; or
2. Sending the notice or a copy of the garnishee summons to the
defendant or his or her attorney of record by registered or
certified mail with return receipt requested, which receipt shall be
filed in the action; or
3. Attaching the notice on the summons issued in the principal
action prior to its service; or
4. Including the notice in the publication notice when service
in the principal action is by publication; or
5. Publication one time in a newspaper of general circulation
in the county in which the action is filed at least five (5) days
prior to the date on which the garnishee's answer is due if the
defendant is a nonresident or if the defendant's whereabouts are
unknown to plaintiff.
Status: in_force · Read it on the official government site
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