Oklahoma Procedural Requirements for Wage Garnishment

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Oklahoma Procedural Requirements

Garnishment proceedings shall be commenced by the filing of an affidavit. The affidavit may be filed by the plaintiff at or before the time of filing of a garnishment summons. Okla. Statute. Ann. tit. 12, _ 1172. When a garnishment summons is issued in any action subsequent to judgment, the court clerk shall attach to the garnishment summons a notice of garnishment and exemptions and an application for the defendant to request a hearing. When a garnishment summons is issued in any action subsequent to judgment, the garnishee is a financial institution, and the garnishment summons is not for wages of an employee of the financial institution, the notice of garnishment and exemptions and an application for the defendant to request a hearing shall also be prepared by the judgment creditor and issued from the office of the court clerk to the defendant in the manner provided for in paragraphs 1, 2 or 5 of _ 1174.

The sending of the notice of garnishment and exemptions and the application for the defendant to request a hearing to the last known address of the defendant by registered or certified mail with return receipt requested shall constitute compliance with this requirement, and no further act or service of notice shall be necessary. Okla. Statute. Ann. tit. 12, _ 1172.2.

The garnishee summons issued by the court clerk shall be served upon each of the garnishees in the manner provided for the service of summons (i.e., personally or certified mail, return receipt requested and delivery restricted to addressee). Okla. Statute. Ann. tit. 12, _ 1173.3. The garnishee may be examined by the plaintiff either by deposition or by written interrogatories. His deposition may be taken at any time after the service of the garnishee summons. Within ten days after the filing of the answer affidavit by the garnishee, plaintiff may file interrogatories for the garnishee concerning any matter contained in said answer or germane to any liability on his part to the principal defendant. Okla. Statute. Ann. tit. 12, _ 1183.

A garnishee may deduct ten dollars from the funds of the defendant in his possession as reimbursement for costs incurred in answering. If no funds are available and the garnishee's answer evidencing that is filed and mailed or delivered to the plaintiff or to the plaintiff's attorney of record, the plaintiff shall pay the garnishee ten dollars as reimbursement for such costs. Okla. Statute. Ann. tit. 12, _ 1190.

Interest Rate at which Judgments Accrue

All judgments of a court of record shall bear interest at an annual rate equal to the average United Statutees Treasury Bill rate of the preceding calendar year plus four percent from the date of rendition. However, judgments against the Statutee and its political subdivisions shall not bear interest at a rate exceeding ten percent. When a rate of interest is specified in a contract, the rate therein shall apply, if lawful, to the judgment debt and be specified in the journal entry of judgment. When a verdict for damages by reason of personal injuries or injury to personal rights due to an act or omission of another is accepted by the trial court, the court in rendering judgment shall add interest on said verdict at the applicable rate from the date the suit was commenced to date of verdict.

When a judgment is rendered establishing the existence of a lien against property and no rate of interest exist, the court show allow interest at the rate described above from the date the lien is filed to the date of verdict. Okla. Statute. Ann. tit. 12, _ 727. When ordered by the court, courtordered child support payments and courtordered payments of suit moneys shall draw interest at the rate of ten percent per year from the date they become delinquent, and the interest shall be collected in the same manner as the payments upon which the interest accrues. 43 Okla. Statute. Ann. tit. 43, _ 114. Applicable Forms All correspondence must be on forms prescribed the Administrative Director of Courts.