The Oklahoma Prejudgment General Garnishment Summons (Effective 11/01/2016) is a court document issued by the court to a defendant in a civil lawsuit. The purpose of the summons is to require the defendant to respond to the suit and to provide the court with information on the defendant's assets and income. The summons is also used to freeze or garnish assets held by the defendant in order to secure payment to the plaintiff if the court finds in the plaintiff's favor. There are three types of Oklahoma Prejudgment General Garnishment Summons (Effective 11/01/2016): the Garnishment Summons, the Garnishment Summons (for Employers) and the Garnishment Summons (for Financial Institutions). Each summons requires the defendant to provide specific information and to take certain action to comply with the court's orders.
Oklahoma Prejudgment General Garnishment Summons (Effective 11/01/2016)
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FAQ
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.
That said, Oklahoma does limit garnishments to one creditor at a time, unlike many other states. Wage garnishment limitations and protections in Oklahoma are the same under federal law and Oklahoma state law.
A. A garnishee may deduct a fee of Ten Dollars ($10.00) from the funds of the defendant in the garnishee's possession as reimbursement for costs incurred in answering.
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.
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.
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.
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.
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.