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§ 1171.Right to Garnishment - Classes of Garnishment

Chapter 21: Garnishment and Attachment · Last amended November 1, 2016 · Last verified August 3, 2026

In one sentenceSection 1171 gives any creditor who believes in good faith that a third party owes or holds property for the debtor the right to garnish, and sorts Oklahoma garnishments into two classes: prejudgment general garnishments and five types of postjudgment garnishment.

Full Text of § 1171

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A. Any creditor shall be entitled to proceed by garnishment in any court having jurisdiction against any person whom the creditor, in good faith, believes to be indebted to the creditor's debtor or has possession or control of any property belonging to such creditor's debtor, in the cases, upon the conditions, and in the manner described by law.
B. Subject to the limitations and exceptions otherwise provided by law, there shall be two classes of garnishments:
1. Prejudgment garnishments, which shall consist only of general garnishments pursuant to Section 1173.3 of this title; and
2. Postjudgment garnishments, which shall consist of the following types of garnishments:
a. income assignment for child support pursuant to the provisions of Section 1171.2 of this title,
b. noncontinuing earnings garnishment pursuant to Section 1173 of this title,
c. garnishment for collection of child support pursuant to Section 1173.2 of this title,
d. general garnishment pursuant to Section 1173.3 of this title, and
e. continuing earnings garnishment pursuant to Section 1173.4 of this title.

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.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source
Also known as: classes of garnishment oklahomawho can garnish wages in oklahomaprejudgment vs postjudgment garnishment oklahoma12 O.S. § 1171