§ 1174. Notice to defendant of garnishment proceedings
Oklahoma Statutes AnnotatedTitle 12. Civil ProcedureEffective: November 1, 2023
Effective: November 1, 2023
12 Okl.St.Ann. § 1174
§ 1174. Notice to defendant of garnishment proceedings
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 Act1 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.
Credits
Laws 1910-11, c. 126, p. 280, § 1; 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.
Footnotes
42 U.S.C.A. § 301 et seq. or Title 56, § 161 et seq.
12 Okl. St. Ann. § 1174, OK ST T. 12 § 1174
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
End of Document |