{"data":{"id":"us-ok/okla.-stat.-tit.-31-31-1.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 31, § 31-1.1","heading":"Earnings from personal services - Exemption from process -","body":"Order.\n\nA. Following the issuance of an execution, attachment, or\n\ngarnishment, except process to collect a judgment or order for child\n\nsupport or maintenance of children or in cases in which the court\n\nhas limited or reduced the application of this section pursuant to\n\nSection 142.18 of Title 21 of the Oklahoma Statutes, the debtor may\n\nfile with the court an application requesting a hearing to exempt\n\nfrom such process by reason of undue hardship that portion of any\n\nearnings from personal services necessary for the maintenance of a\n\nfamily or other dependents supported wholly or partially by the\n\nlabor of the debtor. A debtor with no family or other dependents\n\nmay not claim an exemption under this section. A hearing on the\n\napplication shall be set and conducted in the manner provided by\n\nSection 1172.2 of Title 12 of the Oklahoma Statutes and subsection C\n\nof Section 1174 of Title 12 of the Oklahoma Statutes.\n\nB. In determining the existence of an undue hardship, the court\n\nshould consider the income and expenses of the family and other\n\ndependents, and the standard of living created by the income and\n\nexpenses. The court should also consider the standard of living in\n\nrelationship to the minimal subsistence needs of the debtor’s family\n\nand other dependents, with comparison to the minimal subsistence\n\nstandards in the community, in regard to basic shelter, food,\n\nclothing, personal necessities and transportation. The court should\n\nthen determine if the lack of the funds sought to be exempt would be\n\nan undue hardship by creating less than a minimal level of\n\nsubsistence. If deprivation of these earnings would create an undue\n\nhardship on the debtor and the family or other dependents the debtor\n\nsupports, the court may:\n\n1. Order all or a portion of the personal earnings exempt; or\n\n2. In the case of a continuing earnings garnishment pursuant to\n\nSection 1173.4 of Title 12 of the Oklahoma Statutes, exempt all or a\n\nportion of the personal earnings withheld within the thirty (30)\n\ndays preceding the filing of the claim for exemption or modify or\n\nstay the garnishment for a period of time not to exceed the\n\nremainder of the term of the garnishment.","path":["OK Code","Title 31"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os31.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"6183ae9699572fe7a1d2a3732d21afc3f587239fca9f04545d38115f2d8b983a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-31-31-1","next":"us-ok/okla.-stat.-tit.-31-31-1.3"},"notice":"GroundRules: Original legal text. Not legal advice."}