The issuing authority for a Garnishee Summons shall be determined as follows: Prejudgment Garnishment The judge shall be the issuing authority when:
Rule 22.Garnishee Summons
Rules for District Courts of Oklahoma · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceDetermines whether a judge or the court clerk has authority to issue a garnishee summons, turning on whether the garnishment is before or after judgment and whether the defendant objected after receiving notice.
Full Text of Rule 22
1. Plaintiff prevails at a hearing on defendant's written objection to Notice of Issuance of Garnishee Summons. 12 O.S. §§ 1172.1(A)(3) and 1173.
2. The court determines the defendant cannot be given Notice of Issuance of Garnishee Summons and the plaintiff proves the probable merits of his cause and the truth of his Affidavit's Assertions. 12 O.S. §§ 1172.1(b) and 1173. The court clerk shall be the issuing authority when:
1. The defendant, who was served with notice, files no written objection to Issuance of Garnishee Summons. 12 O.S. § 1172.1(A)(2).
Postjudgment Garnishment The court clerk shall be the issuing authority in all instances as no hearing is contemplated. 12 O.S. § 28.
Plain-English Summary
For prejudgment garnishment, Rule 22 makes the judge the issuing authority when the plaintiff prevails at a hearing on the defendant's written objection to the notice of issuance, or when the court finds the defendant cannot be given notice and the plaintiff proves the probable merits of the claim and the truth of the supporting affidavit. The court clerk issues it instead when a defendant who was served with notice files no written objection. For postjudgment garnishment, the clerk is always the issuing authority, since no hearing is contemplated. Rule 23 sets out a nearly identical structure for orders of attachment.
Frequently Asked Questions
Who issues a garnishee summons before judgment — the judge or the clerk?
It depends on whether the defendant objects. If the defendant files a written objection and the plaintiff prevails at the hearing, or if the defendant cannot be given notice and the plaintiff proves the merits and the affidavit's truth, the judge issues it; if the defendant gets notice and does not object, the clerk issues it.
Do I get a hearing before a postjudgment garnishee summons is issued?
No. Rule 22 makes the court clerk the issuing authority for postjudgment garnishment in all instances, since no hearing is contemplated.
What do I need to prove if the defendant can't be located for notice?
You need to prove the probable merits of your cause and the truth of the assertions in your affidavit before a judge will issue the summons without notice to the defendant.
Source & verification. Rule text is reproduced verbatim from the
Rules for District Courts of Oklahoma, promulgated by the Supreme Court of Oklahoma
as an appendix to Chapter 2 of Title 12 of the Oklahoma Statutes.
Last verified August 3, 2026.
· Official source
Also known as: oklahoma garnishee summons ruleprejudgment garnishment oklahomarule 22 rules for district courtspostjudgment garnishment oklahoma