§ 1172.1.Prejudgment and Postjudgment Summons - Procedure
Chapter 21: Garnishment and Attachment · Last amended November 1, 1999 · Last verified August 3, 2026
In one sentenceSection 1172.1 bars a garnishee summons before judgment until the defendant gets notice and five days to object, requires a bond double the claim's amount, and lets the court issue the summons anyway, subject to a later motion to quash, when the defendant can't be found despite reasonable effort.
A.A garnishee summons shall not be issued in any action prior to judgment until:
1.Defendant has been served with a notice, to which the affidavit required by Section 1172 of this title is attached, which notifies the defendant that the issuance of a garnishee summons is requested and that the defendant may object to the issuance of the summons by filing a written objection with the court clerk and delivering or mailing a copy to the plaintiff's attorney within five (5) days of the service of the notice. The service of the notice on the defendant satisfies the notice requirement of Section 1174 of this title;
2.If no written objection is filed within the five-day period, and if the undertaking has been executed as provided herein, the court clerk shall issue the garnishee summons;
3.Should a written objection be filed within the five-day period, the court shall, at the request of either party, set the matter for a prompt hearing with notice to the adverse party. If, at the hearing, the plaintiff proves the probable merit of the plaintiff's cause and the truth of the matters asserted in the affidavit and if the plaintiff executes an undertaking, as provided herein, the court may issue the garnishee summons; and
4.An undertaking on the part of the plaintiff has been executed by one or more sufficient sureties, approved by the clerk or the court and filed in the clerk's office, in a sum not less than double the amount of the plaintiff's claim, to the effect that the plaintiff shall pay to the defendant all damages which the defendant may sustain by reason of the garnishment, together with a reasonable attorney's fee, if the order be wrongfully obtained.
B.If the court finds that the defendant cannot be given notice as provided by paragraph 1 of subsection A of this section, although a reasonable effort was made to notify the defendant, and at the hearing the plaintiff proves the probable merit of the plaintiff's cause of action and the truth of the matters asserted in the affidavit and the plaintiff has executed an undertaking as provided herein, the court may issue a garnishee summons after which the defendant may move to have the garnishee summons quashed. Notice of a motion to quash, with the date of the hearing, shall be served on the attorney for the plaintiff. The motion shall be heard promptly, and in any case within five (5) days after the date that it is filed. The court must grant the defendant's motion unless, at the hearing on defendant's motion, the plaintiff proves the probable merit of the plaintiff's cause and the truth of the matters asserted in the affidavit. The court clerk may issue an order to pay the money into the court after the hearing, at the direction of the court.
C.A prejudgment or postjudgment garnishment may be amended as in other civil actions. Upon request of the garnishor, alias or additional summons shall issue against the garnishee.
Amendment History
Amended by Laws 1982, HB 1762, c. 302, § 1, eff. 10/1/1982; Amended by Laws 1983, SB 88, c.
50, § 1, emerg. eff. 4/26/1983; Amended by Laws 1999, SB 751, c. 293, §13, eff. 11/1/1999.
Plain-English Summary
Garnishing a defendant's assets before judgment carries the same notice-and-objection procedure as prejudgment attachment. Section 1172.1 blocks a prejudgment garnishee summons until the defendant has been served with notice and the underlying affidavit, and given five days to file a written objection with the court clerk and deliver or mail a copy to the plaintiff's attorney; serving this notice also satisfies the separate notice requirement in Section 1174. If no objection comes in and the plaintiff has posted the required bond, the clerk issues the summons. If an objection is filed, the court holds a hearing on request, and issues the summons only if the plaintiff proves the probable merit of the claim and the truth of the affidavit, and has posted a bond running to double the claim amount to cover the defendant's damages and attorney's fees if the garnishment turns out wrongful.
When the defendant can't be given notice despite a reasonable effort, the court can still issue the summons after the plaintiff proves probable merit at a hearing and posts the bond. The defendant can then move to quash the summons, and the court must grant that motion within five days unless the plaintiff again proves probable merit and the truth of the affidavit at the hearing on the motion; the clerk may order the disputed money paid into court in the meantime. Either a prejudgment or postjudgment garnishment may be amended like any other civil action, and the plaintiff can request an alias or additional summons against the garnishee.
Frequently Asked Questions
Can a creditor garnish my bank account before winning a lawsuit against me in Oklahoma?
Only after notice and a five-day window to object, and only if the creditor posts a bond and, if you object, proves the probable merit of the claim at a hearing.
What if I never got notice of a prejudgment garnishment against me?
If the court finds a reasonable effort to notify you failed, it can still issue the summons after the plaintiff proves probable merit; you can then move to quash it, and the court must grant that motion unless the plaintiff again proves probable merit at the hearing on your motion.
How large a bond must a plaintiff post for a prejudgment garnishment?
Not less than double the amount of the plaintiff's claim.
Can a garnishment summons be amended after it's issued?
Yes. Section 1172.1(C) lets either a prejudgment or postjudgment garnishment be amended like other civil actions, and allows an alias or additional summons against the garnishee on request.
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:prejudgment garnishment procedure oklahomamotion to quash garnishment oklahomagarnishment bond requirement oklahoma12 O.S. § 1172.1