Okla. Stat. tit. 12, § 12-1177: Trial of issue - Judgment on answer
Where this section sits in the code
- OK Code
- Title 12
The answer of the garnishee shall in all cases be conclusive of
the truth of the facts therein stated, with reference to the
garnishee's liability to the defendant unless the judgment creditor
shall within twenty (20) days from the receipt of the garnishee's
answer, from the date of the deposition of the garnishee, or from
receipt of the garnishee's answers to interrogatories, whichever is
later, serve upon the garnishee or the garnishee's attorney of
record personally or by certified mail, return receipt requested, a
notice in writing that the judgment creditor elects to take issue
with the garnishee's answer; in which case, the issue shall stand
for trial as a civil action in which the affidavit on the part of
the judgment creditor shall be deemed the petition and the
garnishee's answer the answer thereto. If an issue for trial shall
be joined between the judgment creditor and a garnishee resident in
another county other than that in which the action is pending, the
court may, on motion, change the place of trial of such issue to the
county of the garnishee's residence. The judgment creditor may, in
all cases, move the court, upon the answer of the garnishee, and of
the defendant, if the defendant shall also answer, for such judgment
to which the judgment creditor shall be entitled, but any such
judgment shall be no bar beyond the facts stated in the answer.
R.L. 1910, § 4827. Amended by Laws 1965, c. 297, § 7; Laws 1995, c.
338, § 8, eff. Nov. 1, 1995.
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