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§ 1173.2.Summons - Garnishment For Collection of Support

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

In one sentenceSection 1173.2 has the judge issue the summons for a prejudgment child support garnishment and the clerk issue it for a postjudgment one, requiring service and a return of proof within five days, or ten if sent to another county.

Full Text of § 1173.2

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Upon the filing of such affidavit and the undertaking and, when a hearing is required, after said hearing, where the garnishment is for the collection of support, garnishee summons shall be issued by the judge of the district court if prejudgment garnishment is sought or by the clerk of the district court if postjudgment garnishment is sought and served upon each of the garnishees, in the manner provided for service of summons, and shall be returned with proof of service within five (5) days of its date except when issued to another county it shall be returned with proof of service within ten (10) days from its date. The garnishee summons shall be on a form prescribed by the Oklahoma Bar Association. The Administrative Office of the Courts shall provide for public access to the garnishee summons by providing a link to the form on Oklahoma State Courts Network (OSCN) website.

Amendment History

Amended by Laws 2023, c. 184, s. 5, eff. 11/1/2023. Added by Laws 1986, SB 430, c. 185, § 6, eff. 9/1/1986; Amended by Laws 1990, SB 843, c. 248, § 2, emerg. eff. 5/21/1990; Amended by Laws 1997, HB 2058, c. 272, § 6, eff. 11/1/1997.

Plain-English Summary

Once the affidavit and any required undertaking are filed, and any required hearing held, a garnishment aimed at collecting support moves forward on a faster clock than ordinary garnishments. The judge issues the summons if the garnishment comes before judgment; the court clerk issues it if the garnishment comes after. Each garnishee gets served the way summonses are ordinarily served, and proof of service is due back within five days, or ten days if the summons went to another county. The Oklahoma Bar Association prescribes the summons form, which the Administrative Office of the Courts makes available through the OSCN website.

Frequently Asked Questions

Who issues a garnishment summons for collecting child support in Oklahoma?

The judge, if the garnishment is sought before judgment; the court clerk, if it's sought after judgment.

How quickly must proof of service be returned for a child support garnishment?

Within five days of the summons's date, or ten days if it was issued to another county.

Is the summons form for child support garnishment different from other garnishments?

The form is prescribed by the Oklahoma Bar Association and made available through the OSCN website, the same sourcing used for other garnishment forms under this chapter.

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: child support garnishment summons oklahomagarnishing wages for child support oklahoma12 O.S. § 1173.2