{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-1172.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-1172.1","heading":"Prejudgment and postjudgment summons - Procedure","body":"A. A garnishee summons shall not be issued in any action prior\n\nto judgment until:\n\n1. Defendant has been served with a notice, to which the\n\naffidavit required by Section 1172 of this title is attached, which\n\nnotifies the defendant that the issuance of a garnishee summons is\n\nrequested and that the defendant may object to the issuance of the\n\nsummons by filing a written objection with the court clerk and\n\ndelivering or mailing a copy to the plaintiff's attorney within five\n\n(5) days of the service of the notice. The service of the notice on\n\nthe defendant satisfies the notice requirement of Section 1174 of\n\nthis title;\n\n2. If no written objection is filed within the five-day period,\n\nand if the undertaking has been executed as provided herein, the\n\ncourt clerk shall issue the garnishee summons;\n\n3. Should a written objection be filed within the five-day\n\nperiod, the court shall, at the request of either party, set the\n\nmatter for a prompt hearing with notice to the adverse party. If,\n\nat the hearing, the plaintiff proves the probable merit of the\n\nplaintiff’s cause and the truth of the matters asserted in the\n\naffidavit and if the plaintiff executes an undertaking, as provided\n\nherein, the court may issue the garnishee summons; and\n\n4. An undertaking on the part of the plaintiff has been\n\nexecuted by one or more sufficient sureties, approved by the clerk\n\nor the court and filed in the clerk's office, in a sum not less than\n\ndouble the amount of the plaintiff's claim, to the effect that the\n\nplaintiff shall pay to the defendant all damages which the defendant\n\nmay sustain by reason of the garnishment, together with a reasonable\n\nattorney's fee, if the order be wrongfully obtained.\n\nB. If the court finds that the defendant cannot be given notice\n\nas provided by paragraph 1 of subsection A of this section, although\n\na reasonable effort was made to notify the defendant, and at the\n\nhearing the plaintiff proves the probable merit of the plaintiff’s\n\ncause of action and the truth of the matters asserted in the\n\naffidavit and the plaintiff has executed an undertaking as provided\n\nherein, the court may issue a garnishee summons after which the\n\ndefendant may move to have the garnishee summons quashed. Notice of\n\na motion to quash, with the date of the hearing, shall be served on\n\nthe attorney for the plaintiff. The motion shall be heard promptly,\n\nand in any case within five (5) days after the date that it is\n\nfiled. The court must grant the defendant's motion unless, at the\n\nhearing on defendant's motion, the plaintiff proves the probable\n\nmerit of the plaintiff’s cause and the truth of the matters asserted\n\nin the affidavit. The court clerk may issue an order to pay the\n\nmoney into the court after the hearing, at the direction of the\n\ncourt.\n\nC. A prejudgment or postjudgment garnishment may be amended as\n\nin other civil actions. Upon request of the garnishor, alias or\n\nadditional summons shall issue against the garnishee.","path":["OK Code","Title 12"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"57878cf07764de2b140f893807af32c14da6b9b0b74ab0ffdfe840f9590127ec","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-1172","next":"us-ok/okla.-stat.-tit.-12-12-1172.2"},"notice":"GroundRules: Original legal text. Not legal advice."}