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ENGROSSED HOUSE
BILL NO. 3505 By: Duel of the House
and
Daniels of the Senate
[ garnishment procedure - noncontinuing earnings
garnishment – form - summons - Oklahoma Bar
Association - Administrative Office of the Courts -
Oklahoma State Courts Network - continuing earnings
garnishment - garnishee's affidavit - sanction –
payments – penalty – repealer – codification -
effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. 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 form to commence
garnishment, 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 form to commence garnishment required by subsection D of
this section shall be a standardized form prescribed by the Oklahoma
Bar Association. The Administrative Office of the Courts shall
provide public access to the form to commence garnishment by
providing a link to the form on the Oklahoma State Courts Network
(OSCN) website. The form to commence garnishment shall include the
following information:
"The debtor's name is [state name of debtor].
The debtor's last known physical address is [insert address
or check box]:
[state last known physical address]
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___ physical address is not known.
The debtor's last known mailing address is [insert address
or check one of the boxes]:
[state last known mailing address if different]
___ same as the last known physical address above
___ mailing address is not known.
The debtor owes [state amount owed] based on [provide
information sufficient to identify judgment upon which
garnishment action is based].
Creditor's agent is [state name of and contact information
for agent].
Employer must send amounts withheld from the debtor's
earnings to creditor at [state mailing address to which
amounts must be sent].
Instead of mailing amounts withheld to the address above,
creditor agrees that employer may instead send the amount
by the following means [state with specificity alternative
means of sending amounts withheld]."
F. 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.
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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 G. Not later than
twenty-one (21) calendar days after receiving the summons, copy of
the judgment creditor's affidavit, a form to commence garnishment, a
garnishee's answer form, notice of garnishment and request for
hearing, and claim for exemptions, as required by subsection D of
this section, the garnishee shall file the answer with the court
clerk and the garnishee shall pay the amount withheld from the pay
period provide a copy of the answer to the judgment creditor's
attorney or to the judgment creditor, if there is no attorney, with
a copy of the answer which shall state. The answer 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;
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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
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.
H. The garnishee shall withhold earnings of a defendant under a
garnishment action on the first payday that occurs at least thirty
(30) calendar days after the garnishee files the answer required by
subsection G of this section.
G. I. 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.
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H. J. 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. K. 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 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
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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. L. 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 2. 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,
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
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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 form to commence garnishment, 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 form to commence garnishment required by subsection D of
this section shall be a standardized form prescribed by the Oklahoma
Bar Association. The Administrative Office of the Courts shall
provide public access to the form to commence garnishment by
providing a link to the form on the Oklahoma State Courts Network
(OSCN) website. The form to commence garnishment shall include the
following information:
"The debtor's name is [state name of debtor].
The debtor's last known physical address is [insert address
or check box]:
[state last known physical address]
___ physical address is not known.
The debtor's last known mailing address is [insert address
or check one of the boxes]:
[state last known mailing address if different]
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___ same as the last known physical address above
___ mailing address is not known.
The debtor owes [state amount owed] based on [provide
information sufficient to identify judgment upon which
garnishment action is based].
Creditor's agent is [state name of and contact information
for agent].
Employer must send amounts withheld from the debtor's
earnings to creditor at [state mailing address to which
amounts must be sent].
Instead of mailing amounts withheld to the address above,
creditor agrees that employer may instead send the amount
by the following means [state with specificity alternative
means of sending amounts withheld]."
F. 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
judgment debtor G. Not later than twenty-one (21) calendar days
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after receiving the summons, copy of the judgment creditor's
affidavit, a form to commence garnishment, a garnishee's answer
form, notice of garnishment and request for hearing, and claim for
exemptions, as required by subsection D of this section, the
garnishee shall file an answer with the court clerk, and pay the
amount withheld and provide a copy of the answer 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. The
answer 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;
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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 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.
H. The garnishee shall begin withholding earnings of a
defendant under a garnishment action on the first payday that occurs
at least thirty (30) calendar days after the garnishee files the
answer required by subsection G of this section.
G. I. 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
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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. J. 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 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.
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I. K. 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.
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. L. 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.
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K. M. 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 I of this section.
SECTION 3. 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:
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) twenty-one (21) 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
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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;
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.
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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 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1197 of Title 12, unless there
is created a duplication in numbering, reads as follows:
If a garnishee withholds earnings from more than one employee
for the same creditor and specifies the amount attributable to each
employee, the employer may combine the amounts in one payment to the
creditor.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1198 of Title 12, unless there
is created a duplication in numbering, reads as follows:
A. A garnishee shall not be liable for a sanction under Section
6 of this act unless:
1. The debtor or creditor files a motion with the court which
states with specificity the nature of the garnishee’s failure to
comply with this act; and
2. The garnishee fails:
a. to provide an answer as required by this act not later
than twenty-one (21) calendar days after the earlier
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of the time the garnishee receives the summons for
garnishment, or
b. to begin withholding earnings of the defendant not
later than thirty (30) calendar days after making the
answer required by this act.
B. The court may excuse, for good cause, payment of all or part
of an amount due under Section 6 of this act.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1199 of Title 12, unless there
is created a duplication in numbering, reads as follows:
Subject to Section 5 of this act, a garnishee that fails to
comply with Section 5 of this act shall be liable to the creditor
for Twenty Dollars ($20.00) for each day beginning twenty-two (22)
days after service of the summons:
1. Until the garnishee provides the answer as required by law;
or
2. Until the earlier of the day the garnishee sends the answer
or begins withholding earnings from the defendant.
SECTION 7. REPEALER 12 O.S. 2021, Section 1179, is
hereby repealed.
SECTION 8. This act shall become effective November 1, 2026.
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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