Oklahoma Summons - Garnishment for Collection of Child Support
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How to fill out Oklahoma Summons - Garnishment For Collection Of Child Support?
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FAQ
If money is being taken out of your paycheck or bank account, you may be able to ask the court to stop or lower the amount of the garnishment. Lawyers call this a "Request or Claim for Exemption" from garnishment. An "exemption" means you will not have to pay the money to the creditor.
In most states, employers answer a writ of garnishment by filling out the paperwork attached to the judgment and returning it to the creditor or the creditor's attorney.
Oklahoma law limits the amount that a creditor can garnish (take) from your wages for repayment of debts. The Oklahoma wage garnishment laws (also called wage attachments) protect the same amount of wages as the federal wage garnishment laws. For the most part, creditors with judgments can take only 25% of your wages.
If money is being taken out of your paycheck or bank account, you may be able to ask the court to stop or lower the amount of the garnishment. Lawyers call this a "Request or Claim for Exemption" from garnishment. An "exemption" means you will not have to pay the money to the creditor.
If you are served with a garnishment summons, do not ignore these documents because they do not directly involve a debt that you owe. Instead, you should immediately freeze any payments to the debtor, retain the necessary property, and provide the required written disclosure.
Regular creditors cannot garnish your wages without first suing you in court and obtaining a money judgment. That means that if you owe money to a credit card company, doctor, dentist, furniture company, or the like, you don't have to worry about garnishment unless those creditors sue you in court.
You cannot go to jail for failing to pay a consumer debt or judgment.
Even after a garnishment has started, you can still try and negotiate a resolution with the creditor, especially if your circumstances change.
In Oklahoma, debt based on written contracts have a limitation period of 5 years (O.S. § 95(1)), while oral contracts may only be collected upon for up to 3 years (O.S. A§ 95(2)). Attachment, or the legal seizure of property or a person, has a statute of limitation of 5 years (O.S.