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ENGROSSED HOUSE
BILL NO. 3087 By: Bashore of the House
and
Green of the Senate
An Act relating to garnishment; amending 12 O.S.
2021, Sections 1172.1, 1173, as amended by Section 4,
Chapter 184, O.S.L. 2023, 1173.4, as amended by
Section 7, Chapter 184, O.S.L. 2023, 1178, as amended
by Section 9, Chapter 184, O.S.L. 2023, and 1179 (12
O.S. Supp. 2025, Sections 1173, 1173.4, and 1178),
which relate to garnishment procedure; extending
garnishee response time to thirty days; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2021, Section 1172.1, is
amended to read as follows:
Section 1172.1. A. A garnishee summons shall not be issued in
any action prior to judgment until:
1. Defendant has been served with a notice, to which the
affidavit required by Section 1172 of this title is attached, which
notifies the defendant that the issuance of a garnishee summons is
requested and that the defendant may object to the issuance of the
summons by filing a written objection with the court clerk and
delivering or mailing a copy to the plaintiff's attorney within five
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(5) thirty (30) days of the service of the notice. The service of
the notice on the defendant satisfies the notice requirement of
Section 1174 of this title;
2. If no written objection is filed within the five-day
thirty-day period, and if the undertaking has been executed as
provided herein, the court clerk shall issue the garnishee summons;
3. Should a written objection be filed within the five-day
thirty-day period, the court shall, at the request of either party,
set the matter for a prompt hearing with notice to the adverse
party. If, at the hearing, the plaintiff proves the probable merit
of the plaintiff's cause and the truth of the matters asserted in
the affidavit and if the plaintiff executes an undertaking, as
provided herein, the court may issue the garnishee summons; and
4. An undertaking on the part of the plaintiff has been
executed by one or more sufficient sureties, approved by the clerk
or the court and filed in the clerk's office, in a sum not less than
double the amount of the plaintiff's claim, to the effect that the
plaintiff shall pay to the defendant all damages which the defendant
may sustain by reason of the garnishment, together with a reasonable
attorney's attorney fee, if the order be wrongfully obtained.
B. If the court finds that the defendant cannot be given notice
as provided by paragraph 1 of subsection A of this section, although
a reasonable effort was made to notify the defendant, and at the
hearing the plaintiff proves the probable merit of the plaintiff's
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cause of action and the truth of the matters asserted in the
affidavit and the plaintiff has executed an undertaking as provided
herein, the court may issue a garnishee summons after which the
defendant may move to have the garnishee summons quashed. Notice of
a motion to quash, with the date of the hearing, shall be served on
the attorney for the plaintiff. The motion shall be heard promptly,
and in any case within five (5) thirty (30) days after the date that
it is filed. The court must grant the defendant's motion unless, at
the hearing on defendant's motion, the plaintiff proves the probable
merit of the plaintiff's cause and the truth of the matters asserted
in the affidavit. The court clerk may issue an order to pay the
money into the court after the hearing, at the direction of the
court.
C. A prejudgment or postjudgment garnishment may be amended as
in other civil actions. Upon request of the garnishor, alias or
additional summons shall issue against the garnishee.
SECTION 2. AMENDATORY 12 O.S. 2021, Section 1173, as
amended by Section 4, Chapter 184, O.S.L. 2023 (12 O.S. Supp. 2025,
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,
"earnings" means any form of payment to an individual including, but
not limited to, salary, commission, or other compensation, but does
not include reimbursements for travel expenses for state employees.
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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 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.
D. The summons shall be served upon the garnishee, 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
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 from the date of service of
the garnishment summons, whichever is earlier, the garnishee shall
file the answer with the court clerk and the garnishee shall pay the
amount withheld from the pay period to the judgment creditor's
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attorney or to the judgment creditor, 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, specifying, 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 understanding of the
indebtedness or liability. When the garnishee 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 objection known to
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
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addresses of 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 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 summons to the extent the
property is not exempt from garnishment.
H. 1. A garnishment lien under this 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 garnishment lien is still in effect, the
garnishee shall answer the subsequent garnishment lien or
garnishment summons by stating that the garnishee is presently
holding defendant's property under a previous garnishment lien or
garnishment summons and by giving the date when all previous
garnishment liens or garnishment summonses are expected 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 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
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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 exceed twenty-five percent (25%).
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 pursuant to a garnishment under this
section shall be reduced by the actual sums withheld pursuant to
such other involuntary process.
J. A noncontinuing earnings garnishment may be suspended or
modified 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. A copy of such agreement shall be mailed by first
class mail to the garnishee, postage prepaid by judgment creditor.
SECTION 3. AMENDATORY 12 O.S. 2021, Section 1173.4, as
amended by Section 7, Chapter 184, O.S.L. 2023 (12 O.S. Supp. 2025,
Section 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 individual including, but
not limited to, salary, wages, commission, or other compensation,
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but does not include reimbursements for travel expenses for state
employees.
B. A continuing earnings garnishment shall be commenced by
filing the affidavit provided for by Section 1172 of this title.
C. The summons required by this section shall be on a form
prescribed by the 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.
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
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 each pay period, 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
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judgment debtor, the garnishee shall file an answer with the court
clerk, and pay the amount withheld to the judgment creditor's
attorney or to the judgment creditor, if there is no attorney,
together with a copy of the answer which shall state:
1. Whether the garnishee was the employer of the defendant
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 beginning and ending dates of the pay
period, if applicable, existing at the time of the service 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 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 objection known to
the garnishee against the right of the judgment creditor to apply
the indebtedness or property disclosed;
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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 other claimants and, so far as known, the nature of
their 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 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 summons, to the extent the
property is not exempt from garnishment. This lien attaches to
subsequent nonexempt earnings until one of the following 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 period.
H. 1. A garnishment lien under this 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
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the amounts withheld by the garnishee are reduced by the court or by
agreement of the parties.
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 summons
by stating that the garnishee is presently holding
defendant's property under a previous 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 garnishment lien.
I. 1. When a postjudgment wage garnishment under Section 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 the income assignment.
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The resulting percentage shall be the amount to be withheld by the
garnishee, not to exceed twenty-five percent (25%).
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 pursuant 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 may be suspended or
modified for a specific period 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 first-
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 garnishment, 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 4. AMENDATORY 12 O.S. 2021, Section 1178, as
amended by Section 9, Chapter 184, O.S.L. 2023 (12 O.S. Supp. 2025,
Section 1178), is amended to read as follows:
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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 travel expenses for state
employees.
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;
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2. If the garnishee shall 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 objection known to
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 claimants 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, and the manner and date of compliance.
C. The garnishee's answer shall be on a form prescribed by the
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 5. AMENDATORY 12 O.S. 2021, Section 1179, is
amended to read as follows:
Section 1179. If any garnishee, having been duly summoned,
shall fail to file and deliver or mail the answer as required by
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Sections 1172.2, 1178, 1178.1 or 1178.2 of this title, to appear for
deposition or to answer interrogatories as provided in Section 1183
of this title, the court shall enter an order to the garnishee to
file and deliver or mail the answer, to appear for deposition, or to
answer the interrogatories within a time prescribed by the court,
not to be less than seven (7) thirty (30) days, in the order and
also to deliver within the same period of time to the court or the
judgment creditor any money or property of defendant that the
garnishee is required to pay or deliver under this title. The court
shall also direct the manner in which notice of the order shall be
given to the garnishee. The order for giving notice shall specify a
manner of giving notice which is calculated to be most likely to
give actual notice to the garnishee or its managing officers,
directors, or agents. The order shall specifically inform the
garnishee that the garnishee has failed to respond to the summons
and shall specifically advise the garnishee that judgment will be
rendered against it in the principal amount of the judgment against
the defendant plus costs, which amounts will be specified, upon
failure to conform with the requirements of the order. If the
garnishee shall fail to file and deliver or mail the answer
affidavit as required in the order, appear for deposition, or to
answer interrogatories as provided in the order, then the court
shall render judgment against the garnishee for the amount of the
judgment and costs due the judgment creditor from the defendant in
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the principal action together with the costs of the garnishment,
including a reasonable attorney's attorney fee to the judgment
creditor for prosecuting the garnishment. The garnishee may also be
subject to punishment for contempt; provided, however, the court
shall have power to vacate or modify any order issued pursuant to
this section in the manner provided in Sections 1031 or 1031.1 of
this title.
SECTION 6. This act shall become effective November 1, 2026.
Passed the House of Representatives the 25th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of _________, 2026.
Presiding Officer of the Senate