1 STATE OF OKLAHOMA
2 1st Session of the 59th Legislature (2023)
3 HOUSE BILL 2792 By: Stinson
4
5
6 AS INTRODUCED
7 An Act relating to civil procedure; amending 12 O.S.
2021, Sections 1172, 1173, 1173.2, 1173.4, 1174,
8 1178, 1178.1, 1178.2, and 1772, which relates to
court forms; providing that certain forms shall be
9 prescribed by the Oklahoma Bar Association; providing
that the Administrative Office of the Courts shall
10 make certain forms available to access on the
Oklahoma State Courts Network (OSCN) website; and
11 providing an effective date.
12
13
14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
15 SECTION 1. AMENDATORY 12 O.S. 2021, Section 1172, is
16 amended to read as follows:
17 Section 1172. A. Garnishment proceedings, whether prejudgment
18 or postjudgment, shall be commenced by the filing of an affidavit,
19 on a form prescribed by the Oklahoma Bar Association. The
20 Administrative Office of the Courts shall provide public access to
21 the affidavit by providing a link to the form on the Oklahoma State
22 Courts Network (OSCN) website Administrative Director of the
23 Courts, stating:
24 1. The name(s) of the plaintiff(s);
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1 2. The name(s) of the defendant(s);
2 3. In the case of prejudgment garnishments, the amount of the
3 plaintiff's original claim against the defendant or defendants over
4 and above all offsets;
5 4. In the case of postjudgment garnishments, the amount of the
6 interest-bearing balance;
7 5. In the case of postjudgment garnishments, the rate and the
8 date the interest begins to accrue; and
9 6. That the plaintiff verily believes that some person, naming
10 him, whether within or without the county, is indebted to or has
11 property in his/her possession or under his control belonging to the
12 defendant, or either or any of the defendants, in the action or
13 execution and that the indebtedness or property is, to the best of
14 the knowledge and belief of the person making such affidavit, not by
15 law exempt from seizure or sale upon execution.
16 B. The affidavit may be filed by the plaintiff or the
17 plaintiff's attorney at or before the time of filing of a
18 garnishment summons.
19 C. Only one garnishee may be embraced in any affidavit or
20 garnishment summons.
21 SECTION 2. AMENDATORY 12 O.S. 2021, Section 1173, is
22 amended to read as follows:
23 Section 1173. A. Any judgment creditor may obtain a
24 noncontinuing lien on earnings. For the purposes of this section,
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1 "earnings" means any form of payment to an individual including, but
2 not limited to, salary, commission, or other compensation, but does
3 not include reimbursements for travel expenses for state employees.
4 B. A noncontinuing earnings garnishment shall be commenced by
5 filing the affidavit provided for by Section 1172 of this title.
6 C. The form for the summons required by this section shall be
7 prescribed by the Oklahoma Bar Association Administrative Office of
8 the Courts. The Administrative Office of the Courts shall provide
9 public access to the summons by providing a link to the form on the
10 Oklahoma State Courts Network (OSCN) website.
11 D. The summons shall be served upon the garnishee, together
12 with a copy of the judgment creditor's affidavit, a garnishee's
13 answer form, notice of garnishment and request for hearing, and
14 claim for exemptions, in the manner provided for in Section 2004 of
15 this title and shall be returned with proof of service within ten
16 (10) days of its date.
17 E. The garnishee's answer shall be on a form prescribed by the
18 Oklahoma Bar Association Administrative Office of the Courts. The
19 Administrative Office of the Courts shall provide public access to
20 the garnishee's answer by providing a link to the form on the
21 Oklahoma State Courts Network (OSCN) website.
22 F. Within seven (7) days after the end of the defendant's then-
23 current pay period or thirty (30) days from the date of service of
24 the garnishment summons, whichever is earlier, the garnishee shall
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1 file the answer with the court clerk and the garnishee shall pay the
2 amount withheld from the pay period to the judgment creditor's
3 attorney or to the judgment creditor, if there is no attorney, with
4 a copy of the answer which shall state:
5 1. Whether the garnishee was the employer of or indebted or
6 under any liability to the defendant named in the notice in any
7 manner or upon any account for earnings or wages, specifying, as
8 applicable, the beginning and ending dates of the pay period
9 existing at the time of the service of the affidavit and summons,
10 the total amounts earned in the pay period, and all of the facts and
11 circumstances necessary to a complete understanding of the
12 indebtedness or liability. When the garnishee shall be in doubt
13 respecting the liability or indebtedness, the garnishee may set
14 forth all of the facts and circumstances concerning the same, and
15 submit the question to the court;
16 2. If the garnishee shall claim any setoff, defense, other
17 indebtedness, liability, lien, or claim to the property, the facts
18 and circumstances in the affidavit;
19 3. At the garnishee's option, any claim of exemption from
20 execution on the part of the defendant or other objection known to
21 the garnishee against the right of the judgment creditor to apply
22 the indebtedness or property disclosed;
23 4. If the garnishee shall disclose any indebtedness or the
24 possession of any property to which the defendant or any other
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1 person makes claim, at the garnishee's option, the names and
2 addresses of other claimants and, so far as known, the nature of the
3 claims; and
4 5. That the garnishee has mailed or hand-delivered a copy of
5 the notice of garnishment and exemptions, application for hearing,
6 and the manner and date of compliance.
7 G. The garnishment summons served on the garnishee under this
8 section is a lien on the defendant's property due at the time of
9 service or the effective date of the summons to the extent the
10 property is not exempt from garnishment.
11 H. 1. A garnishment lien under this section has priority over
12 any subsequent garnishment lien or garnishment summons served on the
13 garnishee.
14 2. When a garnishment summons is served under this section on a
15 garnishee while a previous garnishment lien is still in effect, the
16 garnishee shall answer the subsequent garnishment lien or
17 garnishment summons by stating that the garnishee is presently
18 holding defendant's property under a previous garnishment lien or
19 garnishment summons and by giving the date when all previous
20 garnishment liens or garnishment summonses are expected to end.
21 I. 1. When a postjudgment noncontinuing earnings garnishment
22 under this section or a continuing earnings garnishment under
23 Section 1173.4 of this title is issued against a defendant already
24 subject to an income assignment for child support, the garnishee
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1 shall determine the maximum percentage of the defendant's disposable
2 earnings according to the provisions of Section 1171.2 of this title
3 and then deduct from that percentage the actual percentage of the
4 defendant's disposable earnings actually withheld under the income
5 assignment. The resulting percentage shall be the amount to be
6 withheld by the garnishee, not to exceed twenty-five percent (25%).
7 2. For any involuntary legal or equitable procedures through
8 which the earnings of any individual are required to be withheld for
9 the payment of any debt which has statutory priority over this
10 section, the amount withheld pursuant to a garnishment under this
11 section shall be reduced by the actual sums withheld pursuant to
12 such other involuntary process.
13 J. A noncontinuing earnings garnishment may be suspended or
14 modified by the judgment creditor upon agreement with the judgment
15 debtor, which agreement shall be in writing and filed by the
16 judgment creditor with the clerk of the court in which the judgment
17 was entered. A copy of such agreement shall be mailed by first
18 class mail to the garnishee, postage prepaid by judgment creditor.
19 SECTION 3. AMENDATORY 12 O.S. 2021, Section 1173.2, is
20 amended to read as follows:
21 Section 1173.2 Upon the filing of such affidavit and the
22 undertaking and, when a hearing is required, after said hearing,
23 where the garnishment is for the collection of support, garnishee
24 summons shall be issued by the judge of the district court if
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1 prejudgment garnishment is sought or by the clerk of the district
2 court if postjudgment garnishment is sought and served upon each of
3 the garnishees, in the manner provided for service of summons, and
4 shall be returned with proof of service within five (5) days of its
5 date except when issued to another county it shall be returned with
6 proof of service within ten (10) days from its date. The garnishee
7 summons shall be on a form prescribed by the Oklahoma Bar
8 Association Administrative Office of the Courts. The Administrative
9 Office of the Courts shall provide for public access to the
10 garnishee summons by providing a link to the form on Oklahoma State
11 Courts Network (OSCN) website.
12 SECTION 4. AMENDATORY 12 O.S. 2021, Section 1173.3, is
13 amended to read as follows:
14 Section 1173.3 A. A general garnishment shall be commenced by
15 filing the affidavit provided for by Section 1172 of this title.
16 B. The summons required by this section shall be on a form
17 prescribed by the Oklahoma Bar Association Office of the
18 Administrative Director of the Courts. The Administrative Office of
19 the Courts shall provide public access to the summons by providing a
20 link to the form on the Oklahoma State Courts Network (OSCN)
21 website.
22 C. The summons required by subsection B of this section shall
23 be served upon the garnishee together with a copy of the judgment
24 creditor's affidavit, a garnishee's answer form, notice of
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1 garnishment and request for hearing, and claim for exemptions in the
2 manner provided for in Section 2004 of this title and shall be
3 returned with proof of service within ten (10) days of its date.
4 D. The garnishee's answer shall be on a form prescribed by the
5 Oklahoma Bar Association Office of the Administrative Director of
6 the Courts. The Administrative Office of the Courts shall provide
7 public access to the garnishee's answer by providing a link to the
8 form on the Oklahoma State Courts Network (OSCN) website.
9 E. Within ten (10) days after service of the garnishment, the
10 garnishee shall file its answer with the court clerk and pay or
11 deliver to the judgment creditor's attorney or to the judgment
12 creditor if there is no attorney the indebtedness or property
13 belonging to or owed to the defendant, together with a copy of the
14 answer which shall state:
15 1. Whether the garnishee was indebted or under any liability to
16 or had in garnishee's possession or control, any property belonging
17 to the defendant. When the garnishee shall be in doubt respecting
18 any such liability or indebtedness, the garnishee may set forth all
19 of the facts and circumstances concerning the same, and submit the
20 question to the court;
21 2. If the garnishee shall claim any setoff, defense, other
22 indebtedness, liability, lien, or claim to the property, the facts
23 and circumstances;
24
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1 3. At the garnishee's option, any claim of exemption from
2 execution on the part of the defendant, or other objection known to
3 the garnishee against the right of the judgment creditor to apply
4 the indebtedness or property disclosed;
5 4. If the garnishee shall disclose any indebtedness or the
6 possession of any property to which the defendant or any other
7 person makes claim, at the garnishee's option, the names and
8 addresses of such other claimants and, so far as known, the nature
9 of the claims; and
10 5. That the garnishee has mailed or hand-delivered a copy of
11 the notice of garnishment and exemptions, application for hearing,
12 and the manner and date of compliance.
13 F. The garnishment summons and affidavit served on the
14 garnishee under this section are a lien on the defendant's property
15 due at the time of service of the summons to the extent the property
16 is not exempt from garnishment.
17 SECTION 5. AMENDATORY 12 O.S. 2021, Section 1173.4, is
18 amended to read as follows:
19 Section 1173.4 A. Any judgment creditor may obtain a
20 continuing lien on earnings. For the purposes of this section,
21 "earnings" means any form of payment to an individual including, but
22 not limited to, salary, wages, commission, or other compensation,
23 but does not include reimbursements for travel expenses for state
24 employees.
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1 B. A continuing earnings garnishment shall be commenced by
2 filing the affidavit provided for by Section 1172 of this title.
3 C. The summons required by this section shall be on a form
4 prescribed by the Oklahoma Bar Association Office of the
5 Administrative Director of the Courts. The Administrative Office of
6 the Courts shall provide public access to the summons by providing a
7 link to the form on the Oklahoma State Courts Network (OSCN)
8 website.
9 D. The summons required by this section shall be served upon
10 each of the garnishees, together with a copy of the judgment
11 creditor's affidavit, a garnishee's answer form, notice of
12 garnishment and request for hearing, and claim for exemptions, in
13 the manner provided for in Section 2004 of this title and shall be
14 returned with proof of service within ten (10) days of its date.
15 E. The garnishee's answer shall be on a form prescribed by the
16 Oklahoma Bar Association Office of the Administrative Director of
17 the Courts. The Administrative Office of the Courts shall provide
18 public access to the garnishee's answer by providing a link to the
19 form on the Oklahoma State Courts Network (OSCN) website.
20 F. Within seven (7) days after the end of each pay period, or,
21 if the judgment debtor does not have regular pay periods or is not
22 paid by the garnishee within thirty (30) days from the date of the
23 garnishment summons, and after any payment by the garnishee to the
24 judgment debtor, the garnishee shall file an answer with the court
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1 clerk, and pay the amount withheld to the judgment creditor's
2 attorney or to the judgment creditor, if there is no attorney,
3 together with a copy of the answer which shall state:
4 1. Whether the garnishee was the employer of the defendant
5 named in the notice, was indebted to the defendant, or was under any
6 liability to the defendant in any manner or upon any account for
7 earnings, specifying the beginning and ending dates of the pay
8 period, if applicable, existing at the time of the service of the
9 affidavit and summons, the total amounts earned in the entire pay
10 period, and all of the facts and circumstances necessary to a
11 complete understanding of any indebtedness or liability. When the
12 garnishee shall be in doubt respecting the liability or
13 indebtedness, the garnishee may set forth all of the facts and
14 circumstances concerning the same, and submit the question to the
15 court;
16 2. If the garnishee shall claim any setoff, defense, other
17 indebtedness, liability, lien, or claim to the property, the facts
18 and circumstances in the affidavit;
19 3. At the garnishee's option, any claim of exemption from
20 execution on the part of the defendant or other objection known to
21 the garnishee against the right of the judgment creditor to apply
22 the indebtedness or property disclosed;
23 4. If the garnishee shall disclose any indebtedness or the
24 possession of any property to which the defendant or any other
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1 person makes claim, at the garnishee's option, the names and
2 addresses of other claimants and, so far as known, the nature of
3 their claims; and
4 5. That the garnishee has mailed or hand-delivered a copy of
5 the notice of garnishment and exemptions, application for hearing,
6 and the manner and date of compliance.
7 G. The garnishment summons served on the garnishee under this