{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-1172.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-1172.2","heading":"Notice of garnishment and exemptions - Payment of funds","body":"by garnishee.\n\nA. When a garnishment summons is issued in any action after the\n\njudgment is filed, the court clerk shall attach to the garnishment\n\nsummons a notice of garnishment and exemptions required by\n\nsubsection C of Section 1174 of this title and an application for\n\nthe defendant to request a hearing. If the garnishee is indebted to\n\nor holds property or money belonging to the defendant, the garnishee\n\nshall immediately mail by first-class mail a copy of the notice of\n\ngarnishment and exemptions and the application for hearing to the\n\ndefendant at the last-known address of the defendant shown on the\n\nrecords of the garnishee at the time the garnishment summons was\n\nserved on the garnishee. If more than one address is shown on the\n\nrecords of the garnishee at the time of service of the summons, the\n\ngarnishee shall discharge the duty by mailing the required items to\n\nany one of the addresses shown on its records. In lieu of mailing,\n\nthe garnishee may hand-deliver a copy of the notice of garnishment\n\nand exemptions and the application for hearing to the defendant.\n\nThe garnishee shall have no liability except for willful failure to\n\nmail or hand-deliver the copy of the notice of garnishment and\n\nexemptions and the application for hearing to the defendant. The\n\nanswer of the garnishee shall contain a statement indicating\n\nsubstantial compliance with this section. If the application\n\nrequesting a hearing is filed, the court shall set the matter for\n\nhearing within not less than two (2) nor more than ten (10) days\n\nfrom receipt of the returned application, and the court clerk shall\n\ngive notice of the hearing to each of the parties by first-class\n\nmail. The defendant shall have the burden of proof to show that\n\nsome or all of the assets subject to the garnishment are exempt.\n\nThe court shall issue an order determining the exemption and\n\ndirecting distribution of funds, as appropriate. The court may\n\ndirect such other orders to the judgment creditor as are necessary\n\nto prevent subsequent garnishment of the exempt property.\n\nB. In any case in which the garnishee is required by law or by\n\norder of the court to pay garnishment funds, the garnishee shall pay\n\nthe funds directly to the judgment creditor, unless otherwise\n\nordered by the court upon good cause shown, to pay the funds\n\ndirectly to the court clerk or unless due to federal law or federal\n\nregulation it is necessary that payment be made directly to the\n\ncourt clerk.\n\nC. Any funds paid to the court clerk on a judgment, whether or\n\nnot pursuant to a garnishment summons shall be paid to the judgment\n\ncreditor's attorney, or to the judgment creditor if there is no\n\nattorney within twenty-one (21) days from receipt by the court\n\nclerk, notwithstanding the various times set forth above unless\n\notherwise directed by the court. No order of disbursement shall be\n\nnecessary. In distribution of funds to the judgment creditor's\n\nattorney or judgment creditor, if received pursuant to a\n\ngarnishment, the court shall not have the duty to determine whether\n\nor not the garnishee has complied with the mailing or hand-delivery\n\nrequired of this section or be held liable for complete or partial\n\nnoncompliance with the notice delivery requirement by 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":"b29743d6b461242e7e3db0191331e7c9eefeaba9a656f5b9b46edd66aaf26689","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-1172.1","next":"us-ok/okla.-stat.-tit.-12-12-1173"},"notice":"GroundRules: Original legal text. Not legal advice."}