§ 1171.Right to Garnishment - Classes of Garnishment
Chapter 21: Garnishment and Attachment · Last amended November 1, 2016 · Last verified August 3, 2026
Full Text of § 1171
Amendment History
Amended by Laws 2016, c. 248, s. 1, eff. 11/1/2016. R.L. 1910, § 4822; Amended by Laws 1965, HB 877, c. 297, § 1; Amended by Laws 1989, HB 1595, c. 236, § 1, emerg. eff. 7/1/1989; Amended by Laws 1995, HB 1324, c. 338, § 2, eff. 11/1/1995.
Plain-English Summary
Section 1171 states the basic right behind every garnishment: a creditor who, in good faith, believes someone owes money to or holds property belonging to the creditor's debtor can proceed against that person by garnishment, following whatever conditions and procedures the law sets for the particular case.
It then sorts garnishments into two classes. Prejudgment garnishments consist only of general garnishments under Section 1173.3. Postjudgment garnishments cover five distinct types: income assignment for child support under Section 1171.2, noncontinuing earnings garnishment under Section 1173, garnishment to collect child support under Section 1173.2, general garnishment under Section 1173.3, and continuing earnings garnishment under Section 1173.4.
Frequently Asked Questions
Who can use garnishment to collect a debt in Oklahoma?
Any creditor who, in good faith, believes a third party is indebted to or holds property belonging to the creditor's debtor.
What garnishment options exist before I have a judgment?
Only one: prejudgment general garnishment under Section 1173.3. Section 1171 limits prejudgment garnishments to that single type.
What types of postjudgment garnishment does Oklahoma recognize?
Five: income assignment for child support, noncontinuing earnings garnishment, garnishment for collection of child support, general garnishment, and continuing earnings garnishment.
What's the difference between noncontinuing and continuing earnings garnishment?
Section 1171 names both as separate postjudgment types; Sections 1173 and 1173.4 spell out how each works.