Oklahoma Continuing Garnishee's Answer Affidavit
Definition and meaning
The Oklahoma Continuing Garnishee's Answer Affidavit is a legal document used in garnishment proceedings, where a third party (the garnishee) is required to report to the court about any debts owed or property held on behalf of a judgment debtor. This affidavit serves as a formal response detailing the garnishee's findings regarding the debts or assets of the judgment debtor at the time of the garnishment.
How to complete a form
Completing the Oklahoma Continuing Garnishee's Answer Affidavit involves several steps:
- Begin by filling in the court name and case number at the top of the form.
- Identify yourself as the garnishee, stating your full name and business name if applicable.
- If you are part of a partnership or corporation, provide the necessary details about the entity.
- Respond to the questions regarding your knowledge of the judgment debtor's employment status and any debts or possessions you may hold.
- Complete the calculation for garnishment of earnings, specifying gross earnings and deductions, and indicate the amount to be withheld.
Finally, ensure you sign the affidavit and fill in the date before submitting it to the appropriate court.
Who should use this form
The Oklahoma Continuing Garnishee's Answer Affidavit should be used by any garnishee who has received a garnishment summons for a judgment debtor. This includes individuals, partnerships, or businesses that owe money or hold property on behalf of the debtor. If you are responsible for withholding funds from a judgment debtor's earnings or possess their property, this form is essential to comply with court directives.
Key components of the form
The Oklahoma Continuing Garnishee's Answer Affidavit includes several key components that need to be addressed:
- Identity of the Garnishee: Name and business designation if applicable.
- Employment Status of the Judgment Debtor: Information regarding whether the debtor is employed, and if not, the reasons why.
- Debts or Possessions: Details on any amounts owed or property controlled that belongs to the judgment debtor.
- Claims of Exemption: Any claims the garnishee may have relating to the debtor's exemptions from garnishment.
Common mistakes to avoid when using this form
When completing the Oklahoma Continuing Garnishee's Answer Affidavit, it's important to avoid common pitfalls such as:
- Failing to provide accurate and complete information regarding the judgment debtor's employment status.
- Not adhering to the specific requirements of the court for submitting the affidavit.
- Omitting crucial calculations related to earnings and potential exemptions.
- Forgetting to sign and date the affidavit before submission.
What to expect during notarization or witnessing
When finalizing the Oklahoma Continuing Garnishee's Answer Affidavit, notarization may be required. You should expect to:
- Present valid identification to the notary public.
- Sign the affidavit in the presence of the notary.
- Have the notary affix their seal and signature, confirming the authenticity of your affidavit.
Ensure you check if additional witnessing is necessary as per your local court rules.
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FAQ
If a creditor's garnishment or levy seized funds that are considered exempt under bankruptcy law, then that transfer can be reversed by the court and the funds may be returned to you.If creditors have begun garnishing your wage or levying your bank accounts, contact us to today to discuss how bankruptcy can help you.
In Oklahoma, wage garnishments stay in force for the lesser of the following: (1) satisfaction of the debt, or (2) the lapse of 180 days (or about six months) from the date the garnishment process started. Some debtor employees are saddled with more than one garnishment order.
If it's already started, you can try to challenge the judgment or negotiate with the creditor. But, they're in the driver's seat, and if they don't allow you to stop a garnishment by agreeing to make voluntary payments, you can't really force them to. You can, however, stop the garnishment by filing a bankruptcy case.
Garnishment, or wage garnishment, is when money is legally withheld from your paycheck and sent to another party. It refers to a legal process that instructs a third party to deduct payments directly from a debtor's wage or bank account. Typically, the third party is the debtor's employer and is known as the garnishee.
The journal entry will be Debit Gross Wages, and Credit "Child Support Liability account." When you write the check to pay the garnishment, on the Expenses tab, you list the Child Support Liability account.
One method is to request the court issue a garnishment summons to a financial institution that is in possession of the debtor's funds. The procedure involves filing a Garnishment Affidavit with the court clerk. The Garnishment Affidavit should state who the parties are and the outstanding balance of the judgment.
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.
Filing a claim of exemption. filing for bankruptcy, or. vacating the underlying money judgment.
Include in your letter what steps you plan to take to address the default, such as making a reasonable effort at a payment plan. Mention any circumstances that have changed recently to make your ability to pay off the debt more likely. This conveys to the creditor your goodwill toward satisfying the debt.
