§ 12-1174 — Notice to defendant of garnishment proceedings.

Oklahoma § 12-1174

• Jurisdiction: Oklahoma
• Title 12: Civil Procedure

Text

A. In all cases of garnishment before judgment, the defendant in the principal action shall be given notice of the issuance in said action of any garnishee summons, the date of issuance of said summons, and the name of the garnishee. B. In all cases of garnishment for the collection of child support, the defendant shall be given notice as required by this section. C. In all cases of postjudgment garnishment, the court clerk shall attach notice, in a form prescribed by the Oklahoma Bar Association, with the garnishment, in the manner provided by Section 1172.2 of this title that the defendant may be entitled to claim an exemption for any assistance received pursuant to the terms of the Federal or Oklahoma Social Security Act and other exemptions that may be available to the defendant, and that any such claim should be filed with the court clerk within five (5) days from receipt of notice in a form prescribed by the Oklahoma Bar Association, requesting a hearing as to the status of any assets which the defendant asserts are exempt. Any proceeding to claim an exemption initiated subsequent to five (5) days after receipt of notice shall be by motion unless otherwise agreed by the parties. D. The Administrative Office of the Courts shall provide public access to both the notice and claim for exemption by providing links to the forms on the Oklahoma State Courts Network (OSCN) website. E. Said notification may be accomplished by: 1. Serving a copy of the garnishee summons on the defendant or on his or her attorney of record in the manner provided for the service of summons; or 2. Sending the notice or a copy of the garnishee summons to the defendant or his or her attorney of record by registered or certified mail with return receipt requested, which receipt shall be filed in the action; or 3. Attaching the notice on the summons issued in the principal action prior to its service; or 4. Including the notice in the publication notice when service in the principal action is by publication; or 5. Publication one time in a newspaper of general circulation in the county in which the action is filed at least five (5) days prior to the date on which the garnishee's answer is due if the defendant is a nonresident or if the defendant's whereabouts are unknown to plaintiff.

Legislative History

Added by Laws 1910-11, c. 126, p. 280, § 1. Amended by Laws 1965, c. 297, § 4; Laws 1978, c. 190, § 4, eff. Oct. 1, 1978; Laws 1982, c. 302, § 2, operative Oct. 1, 1982; Laws 1983, c. 50, § 4, emerg. eff. April 26, 1983; Laws 1983, c. 308, § 2, operative Oct. 1, 1983; Laws 1986, c. 185, § 3, eff. Sept. 1, 1986; Laws 2004, c. 450, § 6, eff. Nov. 1, 2004; Laws 2023, c. 184, § 8, eff. Nov. 1, 2023.