Oklahoma Writ of Garnishment

Introduction

Key Things to Know

1. 1

   An Oklahoma garnishment summons, the paper the court clerk issues on your affidavit and serves on a bank, employer or other third party, reaches the money, credits and effects that party holds for the judgment debtor and every debt due or to become due to the debtor (Section 1185), and through the earnings classes it reaches up to twenty-five percent of pay, but it does not reach wages at all before judgment, because Section 1171.1(A) exempts a natural person's wages, salary, bonus and commission from any garnishment issued before judgment.

2. 2

   Nothing in Oklahoma is called a writ of garnishment. That phrase returns zero hits across the whole of Title 12, where the instrument is a garnishment summons, and Section 1172(A) says every garnishment, before or after judgment, is commenced by filing an affidavit on a form prescribed by the Oklahoma Bar Association, with the Administrative Office of the Courts required to link the current form on the Oklahoma State Courts Network.

3. 3

   Choose the class before you draft. Section 1171(B) allows only a general garnishment before judgment, and after judgment gives you a general garnishment under Section 1173.3 for accounts and third-party debts, a noncontinuing earnings garnishment under Section 1173 for a single pay period, or a continuing earnings garnishment under Section 1173.4 for a continuing lien on earnings. Section 1172(C) permits only one garnishee per affidavit or summons, so three garnishees means three filings.

4. 4

   The ceiling is twenty-five percent of earnings and it is written as an exemption: Section 1171.1(B) and Okla. Stat. tit. 31, Section 1(A)(18) both exempt seventy-five percent of all earnings for personal or professional services earned during the last ninety days, child support excepted. Oklahoma does not legislate a low-earner floor of its own and does not cross-reference the federal cap, so plan on twenty-five percent as the state figure and treat the federal low-wage protection as federal, not Oklahoma, law. A court may also cut the take to any fraction, including nothing, under the undue-hardship hearing in Okla. Stat. tit. 31, Section 1.1.

5. 5

   Three clocks, measured from different events. Ten days after service for a general garnishment (Section 1173.3(E)). Seven days after the end of the then-current pay period, or thirty days from service, whichever is earlier, for a noncontinuing earnings garnishment (Section 1173(F)). Seven days after the end of each pay period for a continuing one, or within thirty days of the summons date where the debtor has no regular pay periods (Section 1173.4(F)). The summons is separately returned with proof of service within ten days of its date.

6. 6

   A continuing earnings garnishment runs one hundred eighty days and then stops. Section 1173.4(G) attaches the lien to subsequent nonexempt earnings until the judgment is vacated, modified or satisfied in full, the summons is dismissed, or one hundred eighty days from the effective date elapse, and a pay period that began inside that window stays covered even if it ends after it. While it is in effect, Section 1173.4(H)(1) gives it priority over any later garnishment lien or summons served on the same garnishee.

7. 7

   Budget three separate payments. The clerk's flat fee is $23.00 for a garnishment and $63.00 for a continuing wage garnishment under Okla. Stat. tit. 28, Section 152(A)(11) and (A)(12), on top of which that section attaches $25.00 under subsection C, $10.00 under subsection D, $2.00 under subsection E and $10.00 under subsection G until November 1, 2027. Service runs $50.00 and issuing each summons $10.00 under Section 152.1(A)(5) and (A)(8). And a bank garnishee gets $35.00 remitted WITH the summons under Section 1190(A)(2), which is not required to attach the debtor's funds until that fee arrives.

Oklahoma Requirements for Writ of Garnishment

• Affidavit First, on a Bar Association Form

  Section 1172(A) commences every garnishment, prejudgment or postjudgment, by filing an affidavit on a form prescribed by the Oklahoma Bar Association, with the Administrative Office of the Courts required to link it on the Oklahoma State Courts Network. The affidavit states the parties, the interest-bearing balance, the interest rate and accrual date, and the plaintiff's belief that the named person holds property of or owes the defendant. Title 12 assigns no form number, so pull the current form through the OSCN link.

• Pick One of Three Classes, and One Garnishee

  Section 1171(B) offers a general garnishment under Section 1173.3 for accounts and third-party debts, a noncontinuing earnings garnishment under Section 1173, or a continuing earnings garnishment under Section 1173.4. Each class has its own summons form and its own answer clock. Section 1172(C) allows only one garnishee per affidavit or summons, so a debtor with a bank and two employers needs three complete filings.

• Ceiling: 25 Percent, Written as a 75 Percent Exemption

  Section 1171.1(B) and Okla. Stat. tit. 31, Section 1(A)(18) exempt seventy-five percent of all earnings for personal or professional services earned during the last ninety days, child support excepted, which leaves twenty-five percent as the maximum. Oklahoma legislates no minimum-wage floor of its own and does not cross-reference the federal cap, so it does not beat the federal figure, and a very low earner's protection comes from federal law rather than from an Oklahoma percentage.

• No Wages Before Judgment, and a Prejudgment Gate

  Section 1171.1(A) exempts a natural person's wages, salary, bonus and commission from any garnishment issued before judgment, and Section 1171(B)(1) limits prejudgment garnishment to a general garnishment. Section 1172.1(A) then bars the clerk from issuing until the defendant has been served with notice plus the affidavit, has had five days to file a written objection, and the plaintiff has executed an undertaking by sureties approved by the clerk or the court.

• Three Answer Clocks: 10 Days, or 7 Per Pay Period

  Ten days after service for a general garnishment (Section 1173.3(E)). Seven days after the end of the then-current pay period, or thirty days from service, whichever is earlier, for a noncontinuing earnings garnishment (Section 1173(F)). Seven days after the end of each pay period for a continuing one (Section 1173.4(F)). The summons is separately returned with proof of service within ten days of its date, and the garnishee pays the judgment creditor's attorney rather than the court.

• 180-Day Continuing Lien, First Served Wins

  Section 1173.4(G) attaches the continuing lien to subsequent nonexempt earnings until the judgment is vacated, modified or satisfied in full, the summons is dismissed, or one hundred eighty days from the effective date elapse, with a pay period that began inside the window still covered. Section 1173.4(H)(1) gives a live lien priority over any later garnishment lien or summons served on the same garnishee, so a second filing served early collects nothing.

• Clerk Flat Fee of $23, or $63 Continuing

  Okla. Stat. tit. 28, Section 152(A)(11) sets a $23.00 flat fee for a garnishment and (A)(12) sets $63.00 for a continuing wage garnishment. That section adds $25.00 under subsection C, $10.00 under subsection D, $2.00 under subsection E and $10.00 under subsection G until November 1, 2027, while the $6.00 law library charge in subsection B does not reach either paragraph. Service is $50.00 and issuing each summons $10.00 under Section 152.1(A)(5) and (A)(8). Confirm the counter total with the clerk.

• Bank Garnishee Gets $35 With the Summons

  Section 1190(A)(2) requires the judgment creditor to remit $35.00 to a federally insured depository institution garnishee, delivered with the garnishment summons, and that garnishee is not required to attach the debtor's funds until the fee is received. Any other garnishee may instead deduct $10.00 from the funds it holds, or assess the creditor $10.00 where it is not indebted (Section 1190(A)(1)). Where a garnishee stays silent, Section 1179 gives it an order to comply in not less than seven days, warning that judgment will be rendered against it in the principal amount of the judgment plus costs.