Okla. Stat. tit. 12, § 12-1179
This is the official text of Okla. Stat. tit. 12, § 12-1179, 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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Failure of garnishee to answer
Official statutory text
If any garnishee, having been duly summoned, shall fail to file
and deliver or mail the answer as required by Sections 1172.2, 1178,
1178.1 or 1178.2 of this title, to appear for deposition or to
answer interrogatories as provided in Section 1183 of this title,
the court shall enter an order to the garnishee to file and deliver
or mail the answer, to appear for deposition, or to answer the
Oklahoma Statutes - Title 12. Civil Procedure Page 255
interrogatories within a time prescribed by the court, not to be
less than seven (7) days, in the order and also to deliver within
the same period of time to the court or the judgment creditor any
money or property of defendant that the garnishee is required to pay
or deliver under this title. The court shall also direct the manner
in which notice of the order shall be given to the garnishee. The
order for giving notice shall specify a manner of giving notice
which is calculated to be most likely to give actual notice to the
garnishee or its managing officers, directors, or agents. The order
shall specifically inform the garnishee that the garnishee has
failed to respond to the summons and shall specifically advise the
garnishee that judgment will be rendered against it in the principal
amount of the judgment against the defendant plus costs, which
amounts will be specified, upon failure to conform with the
requirements of the order. If the garnishee shall fail to file and
deliver or mail the answer affidavit as required in the order,
appear for deposition, or to answer interrogatories as provided in
the order, then the court shall render judgment against the
garnishee for the amount of the judgment and costs due the judgment
creditor from the defendant in the principal action together with
the costs of the garnishment, including a reasonable attorney's fee
to the judgment creditor for prosecuting the garnishment. The
garnishee may also be subject to punishment for contempt; provided,
however, the court shall have power to vacate or modify any order
issued pursuant to this section in the manner provided in Sections
1031 or 1031.1 of this title.
R.L. 1910, § 4829. Amended by Laws 1965, c. 297, § 9; Laws 1976, c.
87, § 8, emerg. eff. May 4, 1976; Laws 1992, c. 156, § 1, eff. Sept.
1, 1992; Laws 1995, c. 338, § 12, eff. Nov. 1, 1995.
and deliver or mail the answer as required by Sections 1172.2, 1178,
1178.1 or 1178.2 of this title, to appear for deposition or to
answer interrogatories as provided in Section 1183 of this title,
the court shall enter an order to the garnishee to file and deliver
or mail the answer, to appear for deposition, or to answer the
Oklahoma Statutes - Title 12. Civil Procedure Page 255
interrogatories within a time prescribed by the court, not to be
less than seven (7) days, in the order and also to deliver within
the same period of time to the court or the judgment creditor any
money or property of defendant that the garnishee is required to pay
or deliver under this title. The court shall also direct the manner
in which notice of the order shall be given to the garnishee. The
order for giving notice shall specify a manner of giving notice
which is calculated to be most likely to give actual notice to the
garnishee or its managing officers, directors, or agents. The order
shall specifically inform the garnishee that the garnishee has
failed to respond to the summons and shall specifically advise the
garnishee that judgment will be rendered against it in the principal
amount of the judgment against the defendant plus costs, which
amounts will be specified, upon failure to conform with the
requirements of the order. If the garnishee shall fail to file and
deliver or mail the answer affidavit as required in the order,
appear for deposition, or to answer interrogatories as provided in
the order, then the court shall render judgment against the
garnishee for the amount of the judgment and costs due the judgment
creditor from the defendant in the principal action together with
the costs of the garnishment, including a reasonable attorney's fee
to the judgment creditor for prosecuting the garnishment. The
garnishee may also be subject to punishment for contempt; provided,
however, the court shall have power to vacate or modify any order
issued pursuant to this section in the manner provided in Sections
1031 or 1031.1 of this title.
R.L. 1910, § 4829. Amended by Laws 1965, c. 297, § 9; Laws 1976, c.
87, § 8, emerg. eff. May 4, 1976; Laws 1992, c. 156, § 1, eff. Sept.
1, 1992; Laws 1995, c. 338, § 12, eff. Nov. 1, 1995.
Status: in_force · Read it on the official government site
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