The Oklahoma Postjudgment General Garnishment Summons (Effective 11/01/2016) is a legal document issued by the court to the debtor after a judgment has been entered. This summons requires the debtor to appear in court and answer questions about their assets and other financial information. Depending on the type of garnishment, the summons may also require the debtor to pay back the judgment amount or face other consequences. There are two types of Oklahoma Postjudgment General Garnishment Summons (Effective 11/01/2016): (1) Wage Garnishment and (2) Bank Account Garnishment. A Wage Garnishment summons requires the debtor to appear in court and answer questions about their financial situation, including their current and past wages, the source of their income, and any other assets they may have. The court may then issue an order to the debtor's employer to withhold a certain percentage of the debtor's wages and send it to the creditor. A Bank Account Garnishment summons requires the debtor to appear in court and answer questions regarding their financial situation, including any bank accounts they may have. The court may then issue an order to the debtor's bank to freeze the debtor's funds and pay the creditor the judgment amount. It is important to note that the Oklahoma Postjudgment General Garnishment Summons (Effective 11/01/2016) is the first step of a legal process, and failure to comply with the summons may result in additional legal action being taken against the debtor.
Oklahoma Postjudgment General Garnishment Summons (Effective 11/01/2016)
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FAQ
Wage garnishments can be stopped through two options: 1) Pay the debt in full with interest and attorney fees. 2) File bankruptcy. You may file for Chapter 7 or Chapter 13 bankruptcy.
A creditor MUST have a judgment against you before it can get a garnishment. There are two basic limits on the amount creditors can take from your wages. First, they cannot take more than 25% of your take-home pay. Second, a creditor must leave you with at least $217.50 a week or $870 a month in net (take-home) pay.
Once this happens, the creditor can legally collect on delinquent debt. In Oklahoma, a creditor can try to collect on a judgment for (5) years from the date the judgment goes into effect. This period is known as the statute of limitations. Once this time expires, the judgment becomes unenforceable in the court of law.
Employer or bank. Your employer or the bank, should receive a form called "Claim For Exemption and Request For Hearing" with the notice of the garnishment. Your employer should give YOU this form.Court Clerk. If your employer does not get this form, you can get one at the courthouse.
Employers are required to provide employees with a copy of garnishment paperwork. With regard to child support garnishments, all states are required to use the "Order/Notice To Withhold Income For Child Support" notice for Child Support.
In Oklahoma, a judgment creditor can attempt execution of a judgment for five years from the date of the judgment. This is known as the statute of limitations. After the statute of limitations has expired, it becomes unenforceable by the operation of law.