§ 1172.Commencement of Garnishment Proceedings - Affidavit

Chapter 21: Garnishment and Attachment · Last amended November 1, 2023 · Last verified August 3, 2026

In one sentenceSection 1172 requires every garnishment, prejudgment or postjudgment, to start with an affidavit on an Oklahoma Bar Association form stating the parties, the claim or judgment balance, and the plaintiff's belief that the named garnishee holds the defendant's property or debt, limited to one garnishee per affidavit.

Full Text of § 1172

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A. Garnishment proceedings, whether prejudgment or postjudgment, shall be commenced by the filing of an affidavit, on a form prescribed by the Oklahoma Bar Association. The Administrative Office of the Courts shall provide public access to the affidavit by providing a link to the form on the Oklahoma State Courts Network (OSCN) website, stating:

1. The name(s) of the plaintiff(s);

2. The name(s) of the defendant(s);

3. In the case of prejudgment garnishments, the amount of the plaintiff's original claim against the defendant or defendants over and above all offsets;

4. In the case of postjudgment garnishments, the amount of the interest-bearing balance;

5. In the case of postjudgment garnishments, the rate and the date the interest begins to accrue; and

6. That the plaintiff verily believes that some person, naming him or her, whether within or without the county, is indebted to or has property in his or her possession or under his or her control belonging to the defendant, or either or any of the defendants, in the action or execution and that the indebtedness or property is, to the best of the knowledge and belief of the person making such affidavit, not by law exempt from seizure or sale upon execution.

B. The affidavit may be filed by the plaintiff or the plaintiff's attorney at or before the time of filing of a garnishment summons.

C. Only one garnishee may be embraced in any affidavit or garnishment summons.

Amendment History

Amended by Laws 2023, c. 184, s. 3, eff. 11/1/2023. R.L. 1910, § 4823; Amended by Laws 1923, SB 95, c. 45, p. 56, § 1; Amended by Laws 1965, HB 877, c. 297, § 2; Amended by Laws 1974, HB 1614, c. 71, § 1, emerg. eff. 4/15/1974; Amended by Laws 1989, HB 1595, c. 236, § 2, emerg. eff. 7/1/1989; Amended by Laws 2004, SB 1275, c. 450, §4, eff. 11/1/2004.

Plain-English Summary

Every garnishment in Oklahoma, whether it comes before or after judgment, begins the same way: with an affidavit on a form the Oklahoma Bar Association prescribes, which the Administrative Office of the Courts makes available through a link on the OSCN website. The affidavit names the plaintiffs and defendants, and depending on the type of garnishment, states either the amount of the plaintiff's original claim above any offsets, or the interest-bearing balance still owed along with the interest rate and accrual date. It also states the plaintiff's belief that a named person, inside or outside the county, holds property or owes a debt to the defendant that isn't exempt from execution.

The plaintiff or the plaintiff's attorney may file the affidavit at or before filing the garnishment summons. Each affidavit or summons can name only one garnishee.

Frequently Asked Questions

What has to be in a garnishment affidavit in Oklahoma?

The names of the parties, either the amount of the plaintiff's claim (prejudgment) or the interest-bearing balance and accrual details (postjudgment), and a statement that the named person is believed to hold property or owe a debt to the defendant that isn't exempt from execution.

Can one garnishment affidavit name more than one garnishee?

No. Section 1172(C) limits each affidavit or garnishment summons to a single garnishee.

Where can I find the official Oklahoma garnishment affidavit form?

The Administrative Office of the Courts provides a link to the Oklahoma Bar Association's prescribed form on the OSCN website.

When does the garnishment affidavit need to be filed?

At or before the time the garnishment summons is filed, by the plaintiff or the plaintiff's attorney.

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: oklahoma garnishment affidavit requirementshow to start a garnishment oklahomaOSCN garnishment forms12 O.S. § 1172