Req. No. 6260 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 59th Legislature (2023) HOUSE BILL 2792 By: Stinson AS INTRODUCED An Act relating to civil procedure; amending 12 O.S. 2021, Sections 1172, 1173, 1173.2, 1173.4, 1174, 1178, 1178.1, 1178.2, and 1772, which relates to court forms; providing that certain forms shall be prescribed by the Oklahoma Bar Association; providing that the Administrative Office of the Courts shall make certain forms available to access on the Oklahoma State Courts Netw ork (OSCN) website; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 12 O.S. 2021, Section 1172, is amended to read as follows: Section 1172. 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 Administrative Director of the Courts, stating: 1. The name(s) of the plaintiff(s); Req. No. 6260 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 postjudg ment 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, whether within or wit hout the county, is indebted to or has property in his/her possession or under his 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 bel ief 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 th e 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. SECTION 2. AMENDATORY 12 O.S. 2021, Section 1173, is amended to read as follows: Section 1173. A. Any judgment creditor may obtain a noncontinuing lien on earnings. For the purposes of this section, Req. No. 6260 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 "earnings" means any form of payment to an individual including, but not limited to, salary, commission, or other compensat ion, but does not include reimbursements for travel expenses for state employees. B. A noncontinuing earnings garnishment shall be commenced by filing the affidavit provided for by Section 1172 of this title. C. The form for the summons required by this section shall be prescribed by the Oklahoma Bar Association Administrative Office of the Courts. The Administrative Office of the Courts shall provide public access to the summons by providing a link to the form on the Oklahoma State Courts Netw ork (OSCN) website. D. The summons shall be served upon the garnishee, together with a copy of the judgment creditor 's affidavit, a garnishee 's answer form, notice of garnishment and request for hearing, and claim for exemptions, in the manner provided for in Secti on 2004 of this title and shall be returned with proof of service within ten (10) days of its date. E. The garnishee's answer shall be on a form prescribed by the Oklahoma Bar Association Administrative Office of the Courts . The Administrative Office of the Courts shall provide public access to the garnishee's answer by providing a link to the form on the Oklahoma State Courts Network (OSCN) website. F. Within seven (7) days after the end of the defendant 's then- current pay period or thirty (30) days fr om the date of service of the garnishment summons, whichever is earlier, the garnishe e shall Req. No. 6260 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 file the answer with the court clerk and the garnishee shall pay the amount withheld from the pay period to the judgment creditor 's attorney or to the judgment cre ditor, if there is no attorney, with a copy of the answer which shall state: 1. Whether the garnishee was the employer of or indebted or under any liability to the defendant named in the notice in any manner or upon any account for earnings or wages, spec ifying, as applicable, the beginning and ending dates of the pay period existing at the time of the service of the affidavit and summons, the total amounts earned in the pay period, and all of the facts and circumstances necessary to a complete understandi ng of the indebtedness or liability. When the garnishee shall be in doubt respecting the liability or indebtedness, the garnishee may set forth all of the facts and circumstances concerning the same, and submit the question to the court; 2. If the garnishee shall claim any setoff, defense, other indebtedness, liability, lien, or claim to the property, the facts and circumstances in the affidavit; 3. At the garnishee 's option, any claim of exemption from execution on the part of the defendant or other obj ection known to the garnishee against the right of the judgment creditor to apply the indebtedness or property disclosed; 4. If the garnishee shall disclose any indebtedness or the possession of any property to which the defendant or any other Req. No. 6260 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 person makes claim, at the garnishee's option, the names and addresses of other claimants and, s o far as known, the nature of the claims; and 5. That the garnishee has mailed or hand -delivered a copy of the notice of garnishment and exemptions, application for heari ng, and the manner and date of compliance. G. The garnishment summons served on the garnishee under this section is a lien on the defendant 's property due at the time of service or the effective date of the summons to the extent the property is not exempt from garnishment. H. 1. A garnishment lien under this section has priority over any subsequent garnishment lien or garnishment summons served on the garnishee. 2. When a garnishment summons is served under this section on a garnishee while a previous g arnishment lien is still in effect, the garnishee shall answer the subsequent garnish ment lien or garnishment summons by stating that the garnishee is presently holding defendant's property under a previous garnishment lien or garnishment summons and by gi ving the date when all previous garnishment liens or garnishment summonses are expect ed to end. I. 1. When a postjudgment noncontinuing earnings garnishment under this section or a continuing earnings garnishment under Section 1173.4 of this title is iss ued against a defendant already subject to an income assignment for child support, th e garnishee Req. No. 6260 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 shall determine the maximum percentage of the defendant 's disposable earnings according to the provisions of Section 1171.2 of this title and then deduct from that percentage the actual percentage of the defendant's disposable earnings actually withheld under the income assignment. The resulting percentage shall be the amount to be withheld by the garnishee, not to exceed twenty -five percent (25%). 2. For any involuntary legal or equitable procedures through which the earnings of any individua l are required to be withheld for the payment of any debt which has statutory priority over this section, the amount withheld pursuant to a garnishment under this section shall be reduced by the actual sums withheld pursuant to such other involuntary proce ss. J. A noncontinuing earnings garnishment may be suspended or modified by the judgment creditor upon agreement with the judgment debtor, which agreement shall be in wri ting and filed by the judgment creditor with the clerk of the court in which the judg ment was entered. A copy of such agreement shall be mailed by first class mail to the garnishee, postage prepaid by judgment creditor . SECTION 3. AMENDATORY 12 O.S. 2021, Section 1173.2, is amended to read as follows: Section 1173.2 Upon the filing of such affidavit and the undertaking and, when a hearing is required, after said hearing, where the garnishment is for the collection of support, gar nishee summons shall be issued by the judge of the district court if Req. No. 6260 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 prejudgment garnishment is sought or by the clerk of the district court if postjudgment garnishment is sought and served upon each of the garnishees, in the manner provided for service of summons, and shall be returned with proof of service within five (5) days of its date except when issued to another county it shall be returned with proof of service within ten (10) days from its date. The garnishee summons shall be on a form prescribed by the Oklahoma Bar Association Administrative Offic e of the Courts. The Administrative Office of the Courts shall pr ovide for public access to the garnishee summons by providing a link to the form on Oklahoma State Courts Network (OSCN) website. SECTION 4. AMENDATORY 12 O.S. 2021, Section 1173.3, is amended to read as follows: Section 1173.3 A. A general garnishment shall be commenced by filing the affidavit provided for by Section 1172 of this title. B. The summons required by this section shall be on a form prescribed by the Oklahoma Bar Association Office of the Administrative Director of the Courts . The Administrative Office of the Courts shall prov ide public access to the summons by providing a link to the form on the Oklahoma State Courts Network (OSCN) website. C. The summons required by subsection B of this section shall be served upon the garnishee together with a copy of the judgment creditor's affidavit, a garnishee 's answer form, notice of Req. No. 6260 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 garnishment and request for hearing, and claim for exemptions in the manner provided for in Section 2004 of this title and shall be returned with proof of service within ten (10) days of its date. D. The garnishee's answer shall be on a form prescribed by the Oklahoma Bar Association Office of the Administrative Director of the Courts. The Administrative Office of the Courts shall prov ide public access to the garnishee's answer by providing a link to the form on the Oklahoma State Courts Network (OSCN) website. E. Within ten (10) days after service of the garnishment, the garnishee shall file its answer with the court clerk and pay or deliver to the judgment creditor 's attorney or to the judgment creditor if there is n o attorney the indebtedness or property belonging to or owed to the defendant, together with a copy of the answer which shall state: 1. Whether the garnishee was indebted or under any liability to or had in garnishee's possession or control, any property belonging to the defendant. When the garnishee shall be in dou bt respecting any such liability or indebtedness, the garnishee may set forth all of the facts and circumstances concerning the same, and submit the question to the court; 2. If the garnishee shall claim any setoff, defense, other indebtedness, liability, lien, or claim to the property, the facts and circumstances; Req. No. 6260 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. At the garnishee 's option, any claim of exemption from execution on the part of the defendant, or other objection known to the garnishee against the right of the judgment creditor to apply the indebtedness or property disclosed; 4. If the garnishee shall disclose any indebtedness or the possession of any property to which the defendant or any other person makes claim, at the garn ishee's option, the names and addresses of such other claimants and, so far as known, the nature of the claims; and 5. That the garnishee has mailed or hand -delivered a copy of the notice of garnishment and exemptions, application for hearing, and the manner and date of compliance. F. The garnishment summons and aff idavit served on the garnishee under this section are a lien on the defendant 's property due at the time of service of the summons to the extent the property is not exempt from garnishment. SECTION 5. AMENDATORY 12 O.S. 2021, Sect ion 1173.4, is amended to read as follows: Section 1173.4 A. Any judgment creditor may obtain a continuing lien on earnings. For the purposes of this section, "earnings" means any form of payment to an individual including, but not limited to, salary, w ages, commission, or other compensation, but does not include reimbursements for travel expenses for state employees. Req. No. 6260 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B. A continuing earnings garnishment shall be commenced by filing the affidavit provided for by Section 1172 of this title. C. The summons required by this section shall be on a form prescribed by the Oklahoma Bar Association Office of the Administrative Director of the Courts . The Administrative Office of the Courts shall prov ide public access to the summons by providing a link to the form on the Oklahoma State Courts Network (OSCN) website. D. The summons required by this section shall be served upon each of the garnishees, together with a copy of the judgment creditor's affidavit, a garnishee 's answer form, notice of garnishment and request for hearing, and claim for exemptions, in the manner provided for in Section 2004 of this title and shall be returned with proof of service within ten (10) days of its date. E. The garnishee's answer shall be on a f orm prescribed by the Oklahoma Bar Association Office of the Administrative Director of the Courts. The Administrative Office of the Courts shall prov ide public access to the garnishee's answer by providing a link to the form on the Oklahoma State Courts Network (OSCN) website. F. Within seven (7) days after the end of each pay period, or, if the judgment debtor does not have regular pay periods or is not paid by the garnishee within thirty (30) days from the date of the garnishment summons, and after any payment by the garnishee to the judgment debtor, the garnishee shall file an answer with the court Req. No. 6260 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 clerk, and pay the amount withheld to the judgment creditor 's attorney or to the judgment creditor, if there is no attorn ey, together with a copy of the answer which shall state: 1. Whether the garnishee was the employer of the defendant named in the notice, was indebted to the defendant, or was under any liability to the defendant in any manner or upon any account for earnings, specifying the beginning and ending dates of the pay period, if applicable, existing at the time of the service of the affidavit and summons, the total amounts earned in the entire pay period, and all of the facts and circumstances necessary to a complete understanding of any indebtedness or liability. When the garnishee shall be in doubt respecting the liability or indebtedness, the garnishee may set forth all of the facts and circumstances concerning the same, and submit the question to the court; 2. If the garnishee shall claim any setoff, defense, other indebtedness, liability, lien, or claim to the property, the facts and circumstances in the affidavit; 3. At the garnishee 's option, any claim of exemption from execution on the part of the defen dant or other objection known to the garnishee against the right of t he judgment creditor to apply the indebtedness or property disclosed; 4. If the garnishee shall disclose any indebtedness or the possession of any property to which the defendant or any other Req. No. 6260 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 person makes claim, at the garnishee 's option, the names and addresses of other claimants and, so far as known, the nature of their claims; and 5. That the garnishee has mailed or hand -delivered a copy of the notice of garnishment and exemptions, ap plication for hearing, and the manner and date of compliance. G. The garnishment summons served on the garnishee under this section is a lien on the defendant 's property due at the time of service or the effective date of the summons, to the extent the property is not exempt from garnishment. This lien attaches to subsequent nonexempt earnings until one of the following occurs: 1. The judgment against the defendant is vacated, modified, or satisfied in full; 2. The summons is dismissed; or 3. One hundred eighty (180) days from the effective date of the summons have elapsed; provided, an affidavit and summons shall continue in effect and shall apply to a pay period beginning before the end of the one-hundred-eighty-day period even if the conclusion extends beyond the end of the period. H. 1. A garnishment lien under thi s section has priority over any subsequent garnishment lien or garnishment summons served on the garnishee during the period it is in effect, regardless of whether the amounts withheld by the garnishee are reduced by the court or by agreement of the partie s. Req. No. 6260 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. a. When a garnishment summons is served under this section on a garnishee while a previous garnishment lien is still in effect, the garnishee shall answer the subsequent garnishment lien or garnishment summons by stating that the garnishee is present ly holding defendant's property under a previous garnishment lien or garnishment summons, and by giving the date when all previous garnishment liens or garnishment summons are expected to end. b. The subsequent summons is not effective if a summons or lien on the same cause of action is pending at the time of service unless the subsequent summons in the same cause of action is served after the one -hundred- fiftieth day of the previous garni shment lien. I. 1. When a postjudgment wage garnishment under Secti on 1173 of this title or a continuing earnings garnishment under this section is issued against a defendant already subject to an income assignment for child support, the garnishee shall determine the maximum percentage of the defendant 's disposable earnings according to the provisions of Section 1171.2 of this title and then deduct from that percentage the actual percentage of the defendant 's disposable earnings actually withheld under th e income assignment. The resulting percentage shall be the amount to be withheld by the garnishee, not to exceed twenty -five percent (25%). Req. No. 6260 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. For any involuntary legal or equitable procedures through which the earnings of any individual are required to be withheld for the payment of any debt which has statutory priority over this section, the amount withheld pursuant to a garnishment under this section shall be reduced by the actual sums withheld pursuant to such other involuntary process. J. A continuing earnings garnishment may be suspended or modified for a specific p eriod of time within the effective period of the garnishment by the judgment creditor upon agreement with the judgment debtor, which agreement shall be in writing and filed by the judgment creditor with the clerk of the court in which the judgment was entered, and a copy of which shall be mailed by first - class mail, postage prepaid by the judgment creditor to the garnishee. K. Any garnishment issued against a debtor already subject to a continuing or noncontinuing earnings garnishment shall take effect immediately upon the conclusion of the prior garnishment, and shall be effective for its full one-hundred-eighty-day period of time or as otherwise provided in subsection G of this section. SECTION 6. AMENDATORY 12 O.S. 2021, Section 1174, is amended to read as follows: Section 1174. A. In all cases of garnishment before judgment, the defendant in the principal action shall be given notice of the Req. No. 6260 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Administrative Director of the Courts , 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 Administrative Direc tor of the Courts, 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 ex emption by providing links to the forms on the Oklahoma State Courts Network (OSCN) website. E. Said notification may be accomplished by: Req. No. 6260 Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. Serving a copy of the garnishee summons on the defendant or on his/her attorney of record in the manner provided for the service of summons; or 2. Sending the notice or a copy of the garnishee su mmons to the defendant or his/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. SECTION 7. AMENDATORY 12 O.S. 2021, Section 1178, is amended to read as follows: Section 1178. A. For the purposes of this section, "earnings" means any form of payment to an individual including, but not limited to, salary, wages, commission, or other compensation, but does not include reimbursement for travel expenses for state employees. Req. No. 6260 Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B. Where the garnishment summons is on earnings and is issued under Section 1173 of this title, the garnishee shall, within seven (7) days after the end of defendant 's present pay period or where a payment of earnings is due, or thirty (30) days from the service of the summons, whichever is earlier, file an affidavit with the clerk of the court in which the action is pending and deliver or mail a copy thereof to the judgment creditor or the judgment creditor's attorney of record. The affidavit shall state: 1. Whether the garnishee was the employer of or indebted or under any liability to the defendant named in the notice in any manner or upon any account for earnings or wages, specifying, a s applicable, the beginning and ending dates of the pay period existing at the time of the service of the garnishee summons, the total amounts earned in the pay period, and all of the facts and circumstances necessary to a complete understanding of such indebtedness or liability. When the garnishee shall be in doubt respecting any such liability or indebtedness, the garnishee may set forth all of the facts and circumstances concerning the same, and submit the question to the court; 2. If the garnishee sha ll claim any setoff, defense, other indebtedness, liability, lien, or claim to such property, the facts and circumstances in the affidavit; 3. At the garnishee 's option, any claim of exemption from execution on the part of the defendant, or other objectio n known to Req. No. 6260 Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the garnishee against the right of the judgment creditor to apply the indebtedness or property disclosed; 4. If the garnishee shall disclose any indebtedness or the possession of any property to which the defendant, or any other person, makes claim, at the garnishee 's option, the names and addresses of such other claimant s and, so far as known, the nature of the claims; and 5. The garnishee shall state that he /she has mailed or hand- delivered a copy of the notice of garnishment and exemptions, application for hearing, and the manner and date of compliance. C. The garnishee's answer shall be on a form prescribed by the Oklahoma Bar Association Administrative Office of the Courts . The Administrative Office of the Courts shall provide public access to the garnishee's answer by providing a link to the form on the Oklahoma State Courts Network (OSCN) website. SECTION 8. AMENDATORY 12 O.S. 2021, Section 1178.1, is amended to read as follows: Section 1178.1 A. For the purposes of this section, "wages" or "earnings" means any form of payment to an indi vidual including, but not limited to, salary, commission, or other compensatio n, but does not include reimbursement for travel expenses for state employees. B. Where the garnishment summons is for the collection of support and is issued under Section 1173 .2 of this title, the garnishee shall, within ten (10) days from the service o f the Req. No. 6260 Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 garnishee's summons or within seven (7) days after the end of defendant's current pay period or thirty (30) days from the date of service of this summons, whichever is earl ier, file an affidavit with the clerk of the court in which the action is pend ing and deliver or mail a copy thereof to the judgment creditor 's attorney or to the judgment creditor if there is no attorney. The affidavit shall state: 1. Whether the garnis hee was the employer of or indebted or under any liability to the defendant na med in the notice in any manner or upon any account for earnings or wages specifying, as applicable, the beginning and ending dates of the pay period existing at the time of the service of the affidavit and summons, the total amounts earned in the pay peri od and all of the facts and circumstances necessary to a complete understanding of such indebtedness or liability. When the garnishee shall be in doubt respecting any such liabi lity or indebtedness, the garnishee may set forth all of the facts and circums tances concerning the same, and submit the question to the court; 2. Whether the garnishee was indebted or under any liability to or had in garnishee's possession or control, an y property belonging to the defendant. When the garnishee shall be in doubt r especting any such liability or indebtedness, the garnishee may set forth all of the facts and circumstances concerning the same, and submit the question to the court; Req. No. 6260 Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. If the garnishee shall claim any setoff, defense, other indebtedness, liability, lie n, or claim to such property, the facts and circumstances in the affidavit; 4. At the garnishee 's option any claim of exemption from execution on the part of the defendant, or o ther objection known to the garnishee against the right of the judgment credit or, to apply the indebtedness or property disclosed; 5. If the garnishee shall disclose any indebtedness or the possession of any property to which the defendant or any other person, makes claim, at the garnishee's option the names and addresses of such other claimants and, so far as known, the nature of the claims; and 6. That the garnishee has mailed or hand -delivered a copy of the notice of garnishment and exemptions, applica tion for hearing, and the manner and date of compliance. C. The answer of the garnishee's answer shall be on a form prescribed by the Oklahoma Bar Association Administrative Office of the Courts. The Administrative Office of the C ourts shall provide public access to the garnishee's answer by providing a link to the form on the Oklahoma State Courts Netw ork (OSCN) website. SECTION 9. AMENDATORY 12 O.S. 2021, Section 1178.2, is amended to read as fo llows: Section 1178.2 A. Where the garnishment summons is not on earnings, is not for the collection of child support and is issued Req. No. 6260 Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 under Section 1173.3 of this title, then unless the garnishee shall make the affidavit provided for in Section 1176 of this title, the garnishee shall, wit hin ten (10) days from the service of the garnishee's summons, file an affidavit with the clerk of the court in which the action is pending and deliver or mail a copy there of to the judgment creditor 's attorney or to the judgment creditor if there is no attorney. The affidavit shall state: 1. Whether the garnishee was indebted or under any liability to the defendant named in the notice in any manner or upon any account specifying if indebted or liable, the amount, the interest thereon, the manner in which evidenced, when payable, whether an absolute or contingent liability and all of the facts and circumstances necessary to a complete understanding of such indebtedness or liability. When the garnishee shall be in doubt respecting any such liability or indebtedness, the garnishee may set forth all of the facts and circumstances concerning the same, and submit the question to the court; 2. Whether the garnishee was indebted or under any liability to or had in garnishee's possession or control, any property belonging to the defendant. When the garnishee shall be in doubt respecting any such liability or indebtedness, the garnishee may set forth all of the facts and circumstan ces concerning the same, and submit the question to the court; Req. No. 6260 Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. If the garnishee shall claim any setoff, defense, other indebtedness, liability, lien, or claim to such property, the facts and circumstances in the affidavit; 4. At the garnishee 's option, any claim of exemption from execution on the part of the defendant, or other objec tion known to the garnishee against the right of the judgment creditor to apply the indebtedness or property disclosed; 5. If the garnishee shall disclose any indebtedness or the possession of any property to which the defendant or any other person makes claim, at the garnishee's option, the names and addresses of such other claimants and, so far as known, the nature of the claims; and 6. That the garnishee has mailed or h and-delivered a copy of the notice of garnishment and exemptions, application for he aring, and the manner and date of compliance. B. The answer of the garnishee shall be on a form prescribed by the Oklahoma Bar Association Administrative Office of the Courts . The Administrative Office of the Courts shall provide public access to the garnishee's answer by providing a link to the form on the Oklahoma State Courts Network ( OSCN) website. SECTION 10. AMENDATORY 12 O.S. 2021, Section 1772, is amended to read as follows: Section 1772. Judgments for the payment of money shall be processed and collected as follows: Req. No. 6260 Page 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. Incident to the entering of the judgment and while the parties are still under oath: a. the court may arrange a judgment satisfaction plan and enter a writ of execution, and b. the court may secure a listin g and description of the judgment debtor's assets from the judgment debtor in case subsequent attachment of property becomes necessary to collect an u nsatisfied judgment. Forms for an application and order to appear and answer as to assets and interrogato ries to be answered by the debtor shall be supplied by the court clerk on forms promulgated by the Oklahoma Bar Association Director of the Administrative Office of the Courts . 2. If the judgment debtor fails to satisfy the judgment in accordance with the judgment satisfaction plan, the judgment creditor shall attempt to contact the judgment debtor and collect the same. 3. If the judgment debtor still fails to satisfy the jud gment, the judgment creditor may: a. require the debtor to appear and answer interrogatories regarding assets, or b. request the issuance of a writ of execution or a garnishment summons on forms provided by the court clerk. Req. No. 6260 Page 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 4. Except as provided in this s ection, proceedings hereunder to collect the judgment shall be conducted pursuant to the provisions of this title. SECTION 11. This act shall become effective November 1, 2023. 59-1-6260 JL 01/07/23