Okla. Stat. » Title 12 — CIVIL PROCEDURE
Oklahoma Statutes

Okla. Stat. tit. 12, § 1173.3 (2026)

General garnishment - Affidavit - Summons - Answer

✓ current as of July 2026
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A. A general garnishment shall be commenced by filing the affidavit provided for by Section 1172 of this title. B. The summons required by this section shall be on a form prescribed by the Oklahoma Bar Association. The Administrative Office of the Courts shall provide public access to the summons by providing a link to the form on the Oklahoma State Courts Network (OSCN) website. C. The summons required by subsection B of this section shall be served upon the garnishee together with a copy of the judgment

creditor's affidavit, a garnishee's answer form, notice of garnishment and request for hearing, and claim for exemptions in the manner provided for in Section 2004 of this title and shall be returned with proof of service within ten (10) days of its date. D. The garnishee's answer shall be on a form prescribed by the Oklahoma Bar Association. The Administrative Office of the Courts shall provide public access to the garnishee's answer by providing a link to the form on the Oklahoma State Courts Network (OSCN) website. E. Within ten (10) days after service of the garnishment, the garnishee shall file its answer with the court clerk and pay or deliver to the judgment creditor's attorney or to the judgment creditor if there is no attorney the indebtedness or property belonging to or owed to the defendant, together with a copy of the answer which shall state: 1. Whether the garnishee was indebted or under any liability to or had in garnishee's possession or control, any property belonging to the defendant. When the garnishee shall be in doubt respecting any such liability or indebtedness, the garnishee may set forth all of the facts and circumstances concerning the same, and submit the question to the court; 2. If the garnishee shall claim any setoff, defense, other indebtedness, liability, lien, or claim to the property, the facts and circumstances; 3. At the garnishee's option, any claim of exemption from execution on the part of the defendant, or other objection known to the garnishee against the right of the judgment creditor to apply the indebtedness or property disclosed; 4. If the garnishee shall disclose any indebtedness or the possession of any property to which the defendant or any other person makes claim, at the garnishee's option, the names and addresses of such other claimants and, so far as known, the nature of the claims; and 5. That the garnishee has mailed or hand-delivered a copy of the notice of garnishment and exemptions, application for hearing, and the manner and date of compliance. F. The garnishment summons and affidavit served on the garnishee under this section are a lien on the defendant's property due at the time of service of the summons to the extent the property is not exempt from garnishment. Added by Laws 1986, c. 185, § 7, eff. Sept. 1, 1986. Amended by Laws 1990, c. 248, § 3, emerg. eff. May 21, 1990; Laws 1995, c. 338, § 5, eff. Nov. 1, 1995; Laws 2023, c. 184, § 6, eff. Nov. 1, 2023.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2000–2026 · leading case: Strong v. Laubauch, 371 F.3d 1242 (10th Cir. 2004).
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Strong v. Laubauch, 371 F.3d 1242 (10th Cir. 2004). “Section 2004, however, was amended in 1996 to include a specific provision applicable to garnishments.”
Strong v. Laubauch, 65 F. App'x 206 (10th Cir. 2003). “Section 2004, however, was amended in 1996 to include a specific provision applicable to garnishments. The amendment provides: “Service by mail to a garnishee shall be accomplished by mailing a copy of the summons and notice by certified mail, return receipt requested, and at…”
Tulsa Junior Coll. v. Urban Design Grp., Inc., 10 P.3d 233 (Okla. Civ. App. 2000). · cites it 2× “Odyssey argues it did not admit in its original answer that it had any property belonging to Standard, but instead, followed 12 O.S.Supp.1995 § 1173.3(E)(1) and (2) in setting forth the cireumstances for the trial court to determine the applicability of the policy and the amount…”
Davis (W.D. Okla. 2026). “Garnishee Answer at 1; see Okla. Stat. tit. 12, § 1173.3 (E). III. Relevant Standards Standard Fire argues that dismissal is required because Plaintiff is not the “real party in interest” and therefore may not prosecute this action.”
— Okla. Stat. tit. 12, § 1173.3(E)(1) — 1 case
Tulsa Junior Coll. v. Urban Design Grp., Inc., 10 P.3d 233 (Okla. Civ. App. 2000). “Odyssey argues it did not admit in its original answer that it had any property belonging to Standard, but instead, followed 12 O.S.Supp.1995 § 1173.3(E)(1) and (2) in setting forth the cireumstances for the trial court to determine the applicability of the policy and the amount…”
— Okla. Stat. tit. 12, § 1173.3(F) — 1 case
Tulsa Junior Coll. v. Urban Design Grp., Inc., 10 P.3d 233 (Okla. Civ. App. 2000). “Odyssey argues it did not admit in its original answer that it had any property belonging to Standard, but instead, followed 12 O.S.Supp.1995 § 1173.3(E)(1) and (2) in setting forth the cireumstances for the trial court to determine the applicability of the policy and the amount…”
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