Okla. Stat. tit. 12, § 12-1182
This is the official text of Okla. Stat. tit. 12, § 12-1182, 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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Proceedings deemed actions - Judgment and enforcement -
Official statutory text
Trial and dismissal - Unmatured or unliquidated debts.
The proceedings against a garnishee shall be deemed an action by
the judgment creditor against garnishee and defendant, as parties
defendant, and all of the provisions for enforcing judgment shall be
applicable thereto. No trial shall be had of the garnishee action
until the judgment creditor shall have judgment in the principal
action, and if the defendant have judgment, the garnishee action
shall be dismissed with costs, unless the judgment creditor shall
perfect an appeal according to law, in which event the garnishment
proceeding shall be continued until the disposition of the appeal,
and it shall not be necessary to appeal the garnishment proceedings,
or make the garnishee a party to the appeal. The court shall render
such judgment in all cases as shall be just to all of the parties
and shall properly protect their respective interests, and may
adjudge the recovery of any indebtedness, the conveyance, transfer,
or delivery to the sheriff, or any officer appointed by the
judgment, of any property disclosed or found to be liable to be
applied to the judgment creditor's demand, or by the judgment pass
the title thereto; and may therein, or by its order when proper,
direct the manner of making sale and of disposing of the proceeds
thereof, or of any money or other things paid over or delivered to
the clerk or officer. The judgment against a garnishee shall acquit
and discharge from all demands by the defendant or the defendant's
representatives for all moneys, goods, effects, or credits paid,
delivered or accounted for by the garnishee by force of such
judgment; provided, it shall be no defense to proceedings against a
garnishee that the debt owing by the garnishee to the defendant was
unliquidated or was not due.
R.L. 1910, § 4832. Amended by Laws 1913, c. 121, p. 232, § 1; Laws
1965, c. 297, § 12; Laws 1995, c. 338, § 14, eff. Nov. 1, 1995.
The proceedings against a garnishee shall be deemed an action by
the judgment creditor against garnishee and defendant, as parties
defendant, and all of the provisions for enforcing judgment shall be
applicable thereto. No trial shall be had of the garnishee action
until the judgment creditor shall have judgment in the principal
action, and if the defendant have judgment, the garnishee action
shall be dismissed with costs, unless the judgment creditor shall
perfect an appeal according to law, in which event the garnishment
proceeding shall be continued until the disposition of the appeal,
and it shall not be necessary to appeal the garnishment proceedings,
or make the garnishee a party to the appeal. The court shall render
such judgment in all cases as shall be just to all of the parties
and shall properly protect their respective interests, and may
adjudge the recovery of any indebtedness, the conveyance, transfer,
or delivery to the sheriff, or any officer appointed by the
judgment, of any property disclosed or found to be liable to be
applied to the judgment creditor's demand, or by the judgment pass
the title thereto; and may therein, or by its order when proper,
direct the manner of making sale and of disposing of the proceeds
thereof, or of any money or other things paid over or delivered to
the clerk or officer. The judgment against a garnishee shall acquit
and discharge from all demands by the defendant or the defendant's
representatives for all moneys, goods, effects, or credits paid,
delivered or accounted for by the garnishee by force of such
judgment; provided, it shall be no defense to proceedings against a
garnishee that the debt owing by the garnishee to the defendant was
unliquidated or was not due.
R.L. 1910, § 4832. Amended by Laws 1913, c. 121, p. 232, § 1; Laws
1965, c. 297, § 12; Laws 1995, c. 338, § 14, eff. Nov. 1, 1995.
Status: in_force · Read it on the official government site
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