Oklahoma Statutes

Okla. Stat. tit. 12, § 1172 (2026)

Commencement of garnishment proceedings - Affidavit

✓ current as of July 2026
Find cases: SyfertCases citing this section OK-LEGoklegislature.gov JustiaOkla. Stat. CornellLII Search CasesGoogle Scholar

A. Garnishment proceedings, whether prejudgment or postjudgment, shall be commenced by the filing of an affidavit, on a form prescribed by the Oklahoma Bar Association. The Administrative Office of the Courts shall provide public access to the affidavit by providing a link to the form on the Oklahoma State Courts Network (OSCN) website, stating: 1. The name(s) of the plaintiff(s); 2. The name(s) of the defendant(s); 3. In the case of prejudgment garnishments, the amount of the plaintiff's original claim against the defendant or defendants over and above all offsets; 4. In the case of postjudgment garnishments, the amount of the interest-bearing balance; 5. In the case of postjudgment garnishments, the rate and the date the interest begins to accrue; and 6. That the plaintiff verily believes that some person, naming him or her, whether within or without the county, is indebted to or has property in his or her possession or under his or her control belonging to the defendant, or either or any of the defendants, in the action or execution and that the indebtedness or property is, to the best of the knowledge and belief of the person making such affidavit, not by law exempt from seizure or sale upon execution. B. The affidavit may be filed by the plaintiff or the plaintiff's attorney at or before the time of filing of a garnishment summons. C. Only one garnishee may be embraced in any affidavit or garnishment summons. R.L. 1910, § 4823. Amended by Laws 1923, c. 45, p. 56, § 1; Laws 1965, c. 297, § 2; Laws 1974, c. 71, § 1, emerg. eff. April 15, 1974; Laws 1989, c. 236, § 2, eff. July 1, 1989; Laws 2004, c. 450, § 4, eff. Nov. 1, 2004; Laws 2023, c. 184, § 3, eff. Nov. 1, 2023.

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 1953–2025 · leading case: Gruber v. Est. of Marshall, 229 F. Supp. 3d 1245 (2017).
Gruber v. Est. of Marshall, 229 F. Supp. 3d 1245 (2017). “In Thames , a judgment creditor initiated a garnishment action in Oklahoma state court against a garnishee by filing a Garnishment Affidavit under Okla. Stat. tit. 12, § 1172 . 2014 WL 991722 , at *1, 4.”
Lenz v. Young, 262 P.2d 886 (Okla. 1953). “Simmons, supra, this court construing Title 12 O.S.1941 § 1172 (the Garnishment Statute) held that the courts did not have power to acquire jurisdiction in rem over debts due a nonresident by garnishment based upon an unliquidated claim for damages upon a tort committed outside…”
Davis v. Gresham, No. 5:22-cv-00871 (W.D. Okla. Aug. 21, 2024). “See Okla. Stat. tit. 12, § 1172 ; Spriggs, 496 F.”
Davis v. Gresham, No. 5:22-cv-00871 (W.D. Okla. Sept. 12, 2025). “See Okla. Stat. tit. 12, § 1172 ; Spriggs, 496 F.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.