Oklahoma § 12-1172 Commencement of garnishment proceedings - Affidavit.

Oklahoma Statutes

§ 12-1172 — Commencement of garnishment proceedings - Affidavit.

Oklahoma·Title 12 Civil Procedure

A.Garnishment proceedings, whether prejudgment or postjudgment, shall be commenced by the filing of an affidavit, on a form prescribed by the Oklahoma Bar Association. The Administrative Office of the Courts shall provide public access to the affidavit by providing a link to the form on the Oklahoma State Courts Network (OSCN) website, stating: 1. The name(s) of the plaintiff(s); 2. The name(s) of the defendant(s); 3. In the case of prejudgment garnishments, the amount of the plaintiff's original claim against the defendant or defendants over and above all offsets; 4. In the case of postjudgment garnishments, the amount of the interest-bearing balance; 5. In the case of postjudgment garnishments, the rate and the date the interest begins to accrue; and 6. That the plaintiff verily believe

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A. Garnishment proceedings, whether prejudgment or postjudgment, shall be commenced by the filing of an affidavit, on a form prescribed by the Oklahoma Bar Association. The Administrative Office of the Courts shall provide public access to the affidavit by providing a link to the form on the Oklahoma State Courts Network (OSCN) website, stating: 1. The name(s) of the plaintiff(s); 2. The name(s) of the defendant(s); 3. In the case of prejudgment garnishments, the amount of the plaintiff's original claim against the defendant or defendants over and above all offsets; 4. In the case of postjudgment garnishments, the amount of the interest-bearing balance; 5. In the case of postjudgment garnishments, the rate and the date the interest begins to accrue; and 6. That the plaintiff verily believes that some person, naming him or her, whether within or without the county, is indebted to or has property in his or her possession or under his or her control belonging to the defendant, or either or any of the defendants, in the action or execution and that the indebtedness or property is, to the best of the knowledge and belief of the person making such affidavit, not by law exempt from seizure or sale upon execution. B. The affidavit may be filed by the plaintiff or the plaintiff's attorney at or before the time of filing of a garnishment summons. C. Only one garnishee may be embraced in any affidavit or garnishment summons.

Oklahoma § 12-1172 (Commencement of garnishment proceedings - Affidavit.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

R.L. 1910, § 4823. Amended by Laws 1923, c. 45, p. 56, § 1; Laws 1965, c. 297, § 2; Laws 1974, c. 71, § 1, emerg. eff. April 15, 1974; Laws 1989, c. 236, § 2, eff. July 1, 1989; Laws 2004, c. 450, § 4, eff. Nov. 1, 2004; Laws 2023, c. 184, § 3, eff. Nov. 1, 2023.