§ 1178. Garnishee's affidavit where garnishment summons on earnings
Oklahoma Statutes AnnotatedTitle 12. Civil ProcedureEffective: November 1, 2023
Effective: November 1, 2023
12 Okl.St.Ann. § 1178
§ 1178. Garnishee's affidavit where garnishment summons on earnings
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, as 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;
Credits
R.L.1910, § 4828; Laws 1965, c. 297, § 8; Laws 1976, c. 87, § 7, emerg. eff. May 4, 1976; Laws 1982, c. 302, § 3, operative Oct. 1, 1982; Laws 1983, c. 50, § 5, emerg. eff. April 26, 1983; Laws 1986, c. 185, § 5, eff. Sept. 1, 1986; Laws 1990, c. 248, § 6, emerg. eff. May 21, 1990; Laws 1995, c. 338, § 9, eff. Nov. 1, 1995; Laws 2023, c. 184, § 9, eff. Nov. 1, 2023.
12 Okl. St. Ann. § 1178, OK ST T. 12 § 1178
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.
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