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ENGROSSED HOUSE
BILL NO. 2792 By: Stinson and Waldron of the
House
and
Howard of the Senate
An Act relating to civil procedure; amending 12 O.S.
2021, Sections 1148.15 and 114 8.16, which relate to
affidavit and summons form for unlawful entry an d
detainer actions; removing affidavit form; directing
the Oklahoma Bar Association to promulgate clear and
understandable form for forcible entry and detainer
action affidavits; providing that the Administrative
Office of the Courts shall make certain forms
available to access on the Oklahoma State Courts
Network (OSCN) website; removing summon s form;
directing the Oklahoma Bar Association to promulgate
clear and understandable form for forcible entry and
detainer action summons; providing that the
Administrative Office of the Courts shall make
certain forms available to access on the Oklahoma
State Courts Network (OSCN) website; providing timing
requirements for summons delivery; amending 12 O.S.
2021, Sections 1172, 1173, 1173.2, 1173.4, 1174,
1178, 1178.1, 1178.2, and 1772, which relate 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 Netwo rk (OSCN) website; and
providing an effective da te.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 12 O.S. 20 21, Section 1148.15, is
amended to read as follows:
Section 1148.15 The actions for unlawful entry and detainer ,
commonly known as an eviction, standing alone or when joined with a
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claim for collection of rent or damages to the premises, or both,
shall be commenced by filing an affidavi t in substantially the
following form with the clerk of the court: with the clerk of the
court. This affidavit is to be developed by the Oklahoma Bar
Association using plain and understandable language . 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.
In the District Court, County of ____________________________,
State of Oklahoma.
_____________________________________
Plaintiff
vs. No.__________
____________________________________ _
Defendant
STATE OF OKLAHOMA)
) ss
COUNTY OF _______)
AFFIDAVIT
____________________________, being duly sworn, deposes and says:
The defendant resides at _______________________________, in the
above-named county, and defendant 's mailing address is
______________
___________________________________________________________________.
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The defendant is indebted to the plaintiff in the su m of
$__________ for rent and for the further sum of $__________ for
damages to the premises rented by the defendant; the p laintiff has
demanded payment of said sum(s) but the defendant refused to pay th e
same and no part of the amount sued for herein has been paid,
and/or
the defendant is wrongfully in possession of certain real property
described as
_________________________ _______________________________
________________________________________________ __________________;
the plaintiff is entitled to poss ession thereof and has made demand
on the defendant to vacate the premises, but the defendant refused
to do so.
____________________
Subscribed and sworn to before me this _____ day of __________,
19__.
_________________________________
Notary Public (or Clerk or
Judge)
SECTION 2. AMENDATORY 12 O.S. 2021, Section 1148.16, is
amended to read as follows:
Section 1148.16 The summons to be is sued in an action for
forcible entry and detainer, commonly known as an eviction, shall be
in the following a form: developed in plain and understandable
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language 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. The summons shall be delivered no less than th ree
(3) days before the scheduled time and date of the court hearing.
This scheduled date and tim e shall not be less than five (5) days
from the date the summons is issued.
SUMMONS
The State of Oklahoma to the within-named defendant:
You are hereby directed to relinquish immediately to the
plaintiff herein total possession of the real property describ ed as
________________________________________________ ___________________
or to appear and show cause why you should be permitted to retain
control and possession thereof.
This matter shall be hea rd at ____________________ (name or
address of building), in _______________, County of _______________,
State of Oklahoma, at the hour of _____ o 'clock of _____ day of
__________ month, 19__, or at the same time and place three (3) d ays
after service hereof, whichever is the latter. (This date shall be
not less than five (5) days from the date summons is issued). You
are further notified that if you do not app ear on the date shown,
judgment will be given against you as follows:
For the amount of the cla im for deficient rent and/or damages to
the premises, as it is stated in the affidavit of the plaintiff and
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for possession of the real property described in said affidavit,
whereupon a writ of assistance shall issue directing the sheri ff to
remove you from said premises and take possession thereof.
In addition, a judgment for costs of the action, including
attorney's fees and other costs, may also be given.
Dated this _____ day of __________, 19__.
___________________________________
Clerk of the Court (or Judge)
_____________________________
Plaintiff or Attorney
_____________________________
Address
_____________________________
Telephone Number
SECTION 3. AMENDATORY 12 O.S. 2021, Section 1172, is
amended to read as follows:
Section 1172. A. Garnishment proceedings, whether prejudgment
or postjudgment, shall be commenc ed by the filing of an affidavit,
on a form prescribed by the Administrative Director of the Courts
Oklahoma Bar Association. The Administrative Office of the Courts
shall provide public access to the affida vit by providing a link to
the form on the Oklahoma State Courts Network (OSCN) website,
stating:
1. The name(s) of the plaintiff(s);
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2. The name(s) of the defendant(s);
3. In the case of prejudgment garnishments, the amo unt 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 t hat some person, naming
him or her, whether within or wit hout 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 indebtednes s 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 filin g of a
garnishment summons.
C. Only one garnishee may be embraced in any affidavit or
garnishment summons.
SECTION 4. 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,
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"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 e xpenses 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 Administrative Office of the Courts Oklahoma Bar
Association. 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 ga rnishee, 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 proo f of service within ten
(10) days of its date.
E. The garnishee's answer shall be on a form prescribed by the
Administrative Office of the Courts Oklahoma Bar Association. 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, wh ichever is earlier, the garnishe e shall
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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 garnis hee 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 th e judgment creditor to apply
the indebtedness or property disclosed;
4. If the garnishee shall disclose any indebtedness or the
possession of any property to wh ich the defendant or any other
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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 garnish ment 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 summon s to the extent the
property is not exempt from garnishment.
H. 1. A garnishment lien under t his 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 garnish ment 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
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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 exce ed 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 pur suant 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 judgme nt
debtor, which agreement shall be in wri ting and filed by the
judgment creditor with the cler k 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 cre ditor.
SECTION 5. 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 di strict court if
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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 garnis hee
summons shall be on a form prescribed by the Administrative Office
of the Courts Oklahoma Bar Association. 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 6. 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 Office of the Administrative Director of the
Courts Oklahoma Bar Association . 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 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
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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 f orm prescribed by the
Office of the Administrative Director of the Courts Oklahoma Bar
Association. 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 indeb tedness 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 seto ff, defense, other
indebtedness, liability, lien, or claim to the property, the facts
and circumstances;
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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 th e 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 comp liance.
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 7. 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 individu al including, but
not limited to, salary, w ages, commission, or other compensation,
but does not include reimbursements for travel expenses for state
employees.
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B. A continuing earnings garnishment shall be commenced by
filing the affidavit provided for b y Section 1172 of this title.
C. The summons required by this section shall be on a form
prescribed by the Administrative Office of the Courts Oklahoma Bar
Association. 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 form prescribed by the
Administrative Office of the Courts Oklahoma Bar Association. 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 peri od, 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 an swer with the court
clerk, and pay the amount withheld to the judgment creditor 's
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attorney or to the judgment creditor, if there is no attorn ey,
together with a copy o f the answer which shall state:
1. Whether the garnishee was the employer of the defenda nt
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 begin ning and ending dates of the pay
period, if applicable, existing at the time of the servi ce 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 liabilit y 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 kn own 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
person makes claim, at the garnishee's option, the names and
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addresses of other claimants and, so far as know n, 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 u nder 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 follow ing 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 p eriod.
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.
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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 summo ns
by stating that the garnishee is present ly holding
defendant's property under a previo us 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 t wenty-five percent (25%).
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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 pursuan t 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 ma y 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 fi rst-
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 garn ishment, 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 8. 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
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issuance in said action of any garnishee sum mons, 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, t he court clerk
shall attach notice, in a form prescribed by the Administrative
Director of the Courts 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 exem ption 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 recei pt of notice in a form
prescribed by the Administrative Director of the Courts 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 ex emption by providing links
to the forms on the Oklahoma State Courts Network (OSCN) website.
E. Said notification may be accomplished by:
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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 su mmons 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 fil ed 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 9. 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 t ravel expenses for state
employees.
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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 i s 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 an d 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
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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 or she has mailed or hand-
delivered a copy of the notice of garnishment and exemptions,
application for hearing, an d the manner and date of compliance.
C. The garnishee's answer shall be on a form prescribed by the
Administrative Office of the Courts Oklahoma Bar Association . 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 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 i ndividual 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 co llection of
support and is issued under Section 1 173.2 of this title, the
garnishee shall, within ten (10) days from the service o f the
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garnishee's summons or within seven (7) days after the end of
defendant's current pay period or thirty (30) days from th e date of
service of this summons, whichever is e arlier, 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 garnishee 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 t he 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 g arnishee shall be in doubt
respecting any such li ability 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 liabilit y to
or had in garnishee's possession or control, any 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 sa me, and submit the
question to the court;
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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 exempti on from
execution on the part of the defendant, o r other 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, appl ication for hearing,
and the manner and date of compliance.
C. The answer of the garnishee shall be on a form prescribed by
the Administrative Office of the Courts Oklahoma Bar Association.
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 11. AMENDATORY 12 O.S. 2021, Section 1178.2, is
amended to read as follows:
Section 1178.2 A. Where the garnishment summons is not on
earnings, is not for the collection of child support and is issued
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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, within 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, t he 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 sh all 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 proper ty 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 sub mit the
question to the court;
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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 ob jection 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 proper ty 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 hearing,
and the manner and date of compliance.
B. The answer of the garnishee shall be on a form prescribed by
the Administrative Office of the Courts Oklahoma Bar Association.
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 12. AMENDATORY 12 O.S. 2021, Section 1772, is
amended to read as follo ws:
Section 1772. Judgments for the payment of m oney shall be
processed and collected as follows:
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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 li sting 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 or der to appear and answer as
to assets and interro gatories to be answered by the
debtor shall be supplied by the court clerk on forms
promulgated by the Director of the Administrative
Office of the Courts Oklahoma Bar Association .
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.
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4. Except as provided in this s ection, proceedings hereunder to
collect the judgment shall be conducted purs uant to the provisions
of this title.
SECTION 13. This act shall become effective November 1, 2023.
Passed the House of Representatives the 20th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ____ day of __________, 2023.
Presiding Officer of the Senate