Okla. Stat. tit. 31, § 31-1.1
This is the official text of Okla. Stat. tit. 31, § 31-1.1, part of Oklahoma’s Stat. tit. 31, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 31,." Browse the sections below, each linked to its official government source.
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Earnings from personal services - Exemption from process -
Official statutory text
Order.
A. Following the issuance of an execution, attachment, or
garnishment, except process to collect a judgment or order for child
support or maintenance of children or in cases in which the court
has limited or reduced the application of this section pursuant to
Section 142.18 of Title 21 of the Oklahoma Statutes, the debtor may
file with the court an application requesting a hearing to exempt
from such process by reason of undue hardship that portion of any
earnings from personal services necessary for the maintenance of a
family or other dependents supported wholly or partially by the
labor of the debtor. A debtor with no family or other dependents
may not claim an exemption under this section. A hearing on the
application shall be set and conducted in the manner provided by
Section 1172.2 of Title 12 of the Oklahoma Statutes and subsection C
of Section 1174 of Title 12 of the Oklahoma Statutes.
B. In determining the existence of an undue hardship, the court
should consider the income and expenses of the family and other
dependents, and the standard of living created by the income and
expenses. The court should also consider the standard of living in
relationship to the minimal subsistence needs of the debtor’s family
and other dependents, with comparison to the minimal subsistence
standards in the community, in regard to basic shelter, food,
clothing, personal necessities and transportation. The court should
then determine if the lack of the funds sought to be exempt would be
an undue hardship by creating less than a minimal level of
subsistence. If deprivation of these earnings would create an undue
hardship on the debtor and the family or other dependents the debtor
supports, the court may:
1. Order all or a portion of the personal earnings exempt; or
2. In the case of a continuing earnings garnishment pursuant to
Section 1173.4 of Title 12 of the Oklahoma Statutes, exempt all or a
portion of the personal earnings withheld within the thirty (30)
days preceding the filing of the claim for exemption or modify or
stay the garnishment for a period of time not to exceed the
remainder of the term of the garnishment.
A. Following the issuance of an execution, attachment, or
garnishment, except process to collect a judgment or order for child
support or maintenance of children or in cases in which the court
has limited or reduced the application of this section pursuant to
Section 142.18 of Title 21 of the Oklahoma Statutes, the debtor may
file with the court an application requesting a hearing to exempt
from such process by reason of undue hardship that portion of any
earnings from personal services necessary for the maintenance of a
family or other dependents supported wholly or partially by the
labor of the debtor. A debtor with no family or other dependents
may not claim an exemption under this section. A hearing on the
application shall be set and conducted in the manner provided by
Section 1172.2 of Title 12 of the Oklahoma Statutes and subsection C
of Section 1174 of Title 12 of the Oklahoma Statutes.
B. In determining the existence of an undue hardship, the court
should consider the income and expenses of the family and other
dependents, and the standard of living created by the income and
expenses. The court should also consider the standard of living in
relationship to the minimal subsistence needs of the debtor’s family
and other dependents, with comparison to the minimal subsistence
standards in the community, in regard to basic shelter, food,
clothing, personal necessities and transportation. The court should
then determine if the lack of the funds sought to be exempt would be
an undue hardship by creating less than a minimal level of
subsistence. If deprivation of these earnings would create an undue
hardship on the debtor and the family or other dependents the debtor
supports, the court may:
1. Order all or a portion of the personal earnings exempt; or
2. In the case of a continuing earnings garnishment pursuant to
Section 1173.4 of Title 12 of the Oklahoma Statutes, exempt all or a
portion of the personal earnings withheld within the thirty (30)
days preceding the filing of the claim for exemption or modify or
stay the garnishment for a period of time not to exceed the
remainder of the term of the garnishment.
Status: in_force · Read it on the official government site
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