{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-1173","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-1173","heading":"Noncontinuing earnings garnishment - Summons - Answer -","body":"Priority of lien.\n\nA. Any judgment creditor may obtain a noncontinuing lien on\n\nearnings. For the purposes of this section, \"earnings\" means any\n\nform of payment to an individual including, but not limited to,\n\nsalary, commission, or other compensation, but does not include\n\nreimbursements for travel expenses for state employees.\n\nB. A noncontinuing earnings garnishment shall be commenced by\n\nfiling the affidavit provided for by Section 1172 of this title.\n\nC. The form for the summons required by this section shall be\n\nprescribed by the Oklahoma Bar Association. The Administrative\n\nOffice of the Courts shall provide public access to the summons by\n\nproviding a link to the form on the Oklahoma State Courts Network\n\n(OSCN) website.\n\nD. The summons shall be served upon the garnishee, together\n\nwith a copy of the judgment creditor's affidavit, a garnishee's\n\nanswer form, notice of garnishment and request for hearing, and\n\nclaim for exemptions, in the manner provided for in Section 2004 of\n\nthis title and shall be returned with proof of service within ten\n\n(10) days of its date.\n\nE. The garnishee's answer shall be on a form prescribed by the\n\nOklahoma Bar Association. The Administrative Office of the Courts\n\nshall provide public access to the garnishee's answer by providing a\n\nlink to the form on the Oklahoma State Courts Network (OSCN)\n\nwebsite.\n\nF. Within seven (7) days after the end of the defendant's then-\n\ncurrent pay period or thirty (30) days from the date of service of\n\nthe garnishment summons, whichever is earlier, the garnishee shall\n\nfile the answer with the court clerk and the garnishee shall pay the\n\namount withheld from the pay period to the judgment creditor's\n\nattorney or to the judgment creditor, if there is no attorney, with\n\na copy of the answer which shall state:\n\n1. Whether the garnishee was the employer of or indebted or\n\nunder any liability to the defendant named in the notice in any\n\nmanner or upon any account for earnings or wages, specifying, as\n\napplicable, the beginning and ending dates of the pay period\n\nexisting at the time of the service of the affidavit and summons,\n\nthe total amounts earned in the pay period, and all of the facts and\n\ncircumstances necessary to a complete understanding of the\n\nindebtedness or liability. When the garnishee shall be in doubt\n\nrespecting the liability or indebtedness, the garnishee may set\n\nforth all of the facts and circumstances concerning the same, and\n\nsubmit the question to the court;\n\n2. If the garnishee shall claim any setoff, defense, other\n\nindebtedness, liability, lien, or claim to the property, the facts\n\nand circumstances in the affidavit;\n\n3. At the garnishee's option, any claim of exemption from\n\nexecution on the part of the defendant or other objection known to\n\nthe garnishee against the right of the judgment creditor to apply\n\nthe indebtedness or property disclosed;\n\n4. If the garnishee shall disclose any indebtedness or the\n\npossession of any property to which the defendant or any other\n\nperson makes claim, at the garnishee's option, the names and\n\naddresses of other claimants and, so far as known, the nature of the\n\nclaims; and\n\n5. That the garnishee has mailed or hand-delivered a copy of\n\nthe notice of garnishment and exemptions, application for hearing,\n\nand the manner and date of compliance.\n\nG. The garnishment summons served on the garnishee under this\n\nsection is a lien on the defendant's property due at the time of\n\nservice or the effective date of the summons to the extent the\n\nproperty is not exempt from garnishment.\n\nH. 1. A garnishment lien under this section has priority over\n\nany subsequent garnishment lien or garnishment summons served on the\n\ngarnishee.\n\n2. When a garnishment summons is served under this section on a\n\ngarnishee while a previous garnishment lien is still in effect, the\n\ngarnishee shall answer the subsequent garnishment lien or\nns to the extent the\n\nproperty is not exempt from garnishment.\n\nH. 1. A garnishment lien under this section has priority over\n\nany subsequent garnishment lien or garnishment summons served on the\n\ngarnishee.\n\n2. When a garnishment summons is served under this section on a\n\ngarnishee while a previous garnishment lien is still in effect, the\n\ngarnishee shall answer the subsequent garnishment lien or\n\ngarnishment summons by stating that the garnishee is presently\n\nholding defendant's property under a previous garnishment lien or\n\ngarnishment summons and by giving the date when all previous\n\ngarnishment liens or garnishment summonses are expected to end.\n\nI. 1. When a postjudgment noncontinuing earnings garnishment\n\nunder this section or a continuing earnings garnishment under\n\nSection 1173.4 of this title is issued against a defendant already\n\nsubject to an income assignment for child support, the garnishee\n\nshall determine the maximum percentage of the defendant's disposable\n\nearnings according to the provisions of Section 1171.2 of this title\n\nand then deduct from that percentage the actual percentage of the\n\ndefendant's disposable earnings actually withheld under the income\n\nassignment. The resulting percentage shall be the amount to be\n\nwithheld by the garnishee, not to exceed twenty-five percent (25%).\n\n2. For any involuntary legal or equitable procedures through\n\nwhich the earnings of any individual are required to be withheld for\n\nthe payment of any debt which has statutory priority over this\n\nsection, the amount withheld pursuant to a garnishment under this\n\nsection shall be reduced by the actual sums withheld pursuant to\n\nsuch other involuntary process.\n\nJ. A noncontinuing earnings garnishment may be suspended or\n\nmodified by the judgment creditor upon agreement with the judgment\n\ndebtor, which agreement shall be in writing and filed by the\n\njudgment creditor with the clerk of the court in which the judgment\n\nwas entered. A copy of such agreement shall be mailed by first\n\nclass mail to the garnishee, postage prepaid by judgment creditor.\n\nR.L. 1910, § 4824. Amended by Laws 1965, c. 297, § 3; Laws 1974, c.\n\n71, § 3, emerg. eff. April 15, 1974; Laws 1976, c. 87, § 5, emerg.\n\neff. May 4, 1976; Laws 1978, c. 190, § 3, eff. Oct. 1, 1978; Laws\n\n1982, c. 159, § 1, emerg. eff. April 12, 1982; Laws 1983, c. 50, §\n\n3, emerg. eff. April 26, 1983; Laws 1984, c. 22, § 1, emerg. eff.\n\nMarch 20, 1984; Laws 1985, c. 297, § 14, operative Oct. 1, 1985;","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":"7a67604ea3f0d0a7487a5c320aa22d093b8b26f984869c23d07e5f807758afa4","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-1172.2","next":"us-ok/okla.-stat.-tit.-12-12-1173.2"},"notice":"GroundRules: Original legal text. Not legal advice."}