A. When a garnishment summons is issued in any action after the judgment is filed, the court clerk shall attach to the garnishment summons a notice of garnishment and exemptions required by subsection C of Section 1174 of this title and an application for the defendant to request a hearing. If the garnishee is indebted to or holds property or money belonging to the defendant, the garnishee shall immediately mail by first-class mail a copy of the notice of garnishment and exemptions and the application for hearing to the defendant at the last-known address of the defendant shown on the records of the garnishee at the time the garnishment summons was served on the garnishee. If more than one address is shown on the records of the garnishee at the time of service of the summons, the garnishee shall discharge the duty by mailing the required items to any one of the addresses shown on its records. In lieu of mailing, the garnishee may hand-deliver a copy of the notice of garnishment and exemptions and the application for hearing to the defendant. The garnishee shall have no liability except for willful failure to mail or hand-deliver the copy of the notice of garnishment and exemptions and the application for hearing to the defendant. The answer of the garnishee shall contain a statement indicating substantial compliance with this section. If the application requesting a hearing is filed, the court shall set the matter for hearing within not less than two (2) nor more than ten (10) days from receipt of the returned application, and the court clerk shall give notice of the hearing to each of the parties by first-class mail. The defendant shall have the burden of proof to show that some or all of the assets subject to the garnishment are exempt. The court shall issue an order determining the exemption and directing distribution of funds, as appropriate. The court may direct such other orders to the judgment creditor as are necessary to prevent subsequent garnishment of the exempt property.
§ 1172.2.Notice of Garnishment and Exemptions - Payment of Funds By Garnishee
Chapter 21: Garnishment and Attachment · Last amended November 1, 1995 · Last verified August 3, 2026
In one sentenceSection 1172.2 requires the garnishee in a postjudgment garnishment to mail or hand-deliver the defendant a notice of garnishment and exemptions, sets a two-to-ten-day hearing window if the defendant contests an exemption, and directs how the garnishee and court clerk pay out collected funds.
Full Text of § 1172.2
B. In any case in which the garnishee is required by law or by order of the court to pay garnishment funds, the garnishee shall pay the funds directly to the judgment creditor, unless otherwise ordered by the court upon good cause shown, to pay the funds directly to the court clerk or unless due to federal law or federal regulation it is necessary that payment be made directly to the court clerk.
C. Any funds paid to the court clerk on a judgment, whether or not pursuant to a garnishment summons shall be paid to the judgment creditor's attorney, or to the judgment creditor if there is no attorney within twenty-one (21) days from receipt by the court clerk, notwithstanding the various times set forth above unless otherwise directed by the court. No order of disbursement shall be necessary. In distribution of funds to the judgment creditor's attorney or judgment creditor, if received pursuant to a garnishment, the court shall not have the duty to determine whether or not the garnishee has complied with the mailing or hand-delivery required of this section or be held liable for complete or partial noncompliance with the notice delivery requirement by the garnishee.
Amendment History
Added by Laws 1983, SB 88, c. 50, § 2, emerg. eff. 4/26/1983; Amended by Laws 1983, HB 1146, c. 308, § 1, eff. 10/1/1983; Amended by Laws 1986, SB 430, c. 185, § 1, eff. 9/1/1986; Amended by Laws 1994, SB 1076, c. 343, § 8, eff. 9/1/1994; Amended by Laws 1995, HB 1324, c. 338, § 3, eff. 11/1/1995.
Plain-English Summary
When a postjudgment garnishment summons issues, the court clerk attaches a notice of garnishment and exemptions, plus a hearing application, and the garnishee must mail that notice and application by first-class mail (or hand-deliver them) to the defendant's last-known address, if the garnishee owes the defendant money or holds the defendant's property. The garnishee's answer must confirm this was substantially done, and the garnishee faces liability only for willfully failing to send or deliver these documents. If the defendant files the hearing application, the court sets a hearing within two to ten days, with notice mailed to both sides; the defendant carries the burden of proving that some or all of the garnished assets are exempt, and the court can order distribution or other steps to head off a repeat garnishment of exempt property.
On payment, the garnishee generally pays the collected funds directly to the judgment creditor, sending them to the court clerk instead only for good cause the court finds, or when federal law requires it. Any funds that do land with the clerk, garnishment-related or not, go out to the judgment creditor's attorney (or the creditor, if unrepresented) within twenty-one days of receipt, without needing a separate disbursement order. The court isn't responsible for policing whether the garnishee complied with the mailing or delivery requirement, and isn't liable if the garnishee didn't.
Frequently Asked Questions
Does the garnishee have to tell me my wages or funds are being garnished?
Yes, if the garnishee owes you money or holds your property; the garnishee must mail or hand-deliver a notice of garnishment and exemptions along with a hearing application to your last-known address.
How quickly does the court schedule a hearing if I claim an exemption?
Within not less than two nor more than ten days from the court clerk's receipt of the returned hearing application.
Who has to prove that garnished property is exempt?
The defendant bears the burden of proving that some or all of the garnished assets are exempt.
How soon must the court clerk pay out garnished funds to the creditor?
Within twenty-one days of receiving them, unless the court directs otherwise, and without needing a separate disbursement order.
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: garnishment exemption hearing oklahomanotice of garnishment oklahomahow garnished funds get paid oklahoma12 O.S. § 1172.2