A. A general garnishment shall be commenced by filing the affidavit provided for by Section 1172 of this title.
§ 1173.3.General Garnishment - Affidavit - Summons - Answer
Chapter 21: Garnishment and Attachment · Last amended November 1, 2023 · Last verified August 3, 2026
In one sentenceSection 1173.3 sets the procedure for a general garnishment (Oklahoma's only prejudgment garnishment type, or a catch-all postjudgment one), requiring the Section 1172 affidavit, service on the garnishee, and an answer within ten days delivering the property or indebtedness disclosed, which becomes a lien from the moment of service.
Full Text of § 1173.3
B. The summons required by this section shall be on a form prescribed by the Oklahoma Bar Association. The Administrative Office of the Courts shall provide public access to the summons by providing a link to the form on the Oklahoma State Courts Network (OSCN) website.
C. The summons required by subsection B of this section shall be served upon the garnishee together with a copy of the judgment creditor's affidavit, a garnishee's answer form, notice of garnishment and request for hearing, and claim for exemptions in the manner provided for in Section 2004 of this title and shall be returned with proof of service within ten (10) days of its date.
D. The garnishee's answer shall be on a form prescribed by the Oklahoma Bar Association. The Administrative Office of the Courts shall provide public access to the garnishee's answer by providing a link to the form on the Oklahoma State Courts Network (OSCN) website.
E. Within ten (10) days after service of the garnishment, the garnishee shall file its answer with the court clerk and pay or deliver to the judgment creditor's attorney or to the judgment creditor if there is no attorney the indebtedness or property belonging to or owed to the defendant, together with a copy of the answer which shall state:
1. Whether the garnishee was indebted or under any liability to or had in garnishee's possession or control, any property belonging to the defendant. When the garnishee shall be in doubt respecting any such liability or indebtedness, the garnishee may set forth all of the facts and circumstances concerning the same, and submit the question to the court;
2. If the garnishee shall claim any setoff, defense, other indebtedness, liability, lien, or claim to the property, the facts and circumstances;
3. At the garnishee's option, any claim of exemption from execution on the part of the defendant, or other objection known to the garnishee against the right of the judgment creditor to apply the indebtedness or property disclosed;
4. If the garnishee shall disclose any indebtedness or the possession of any property to which the defendant or any other person makes claim, at the garnishee's option, the names and addresses of such other claimants and, so far as known, the nature of the claims; and
5. That the garnishee has mailed or hand-delivered a copy of the notice of garnishment and exemptions, application for hearing, and the manner and date of compliance.
F. The garnishment summons and affidavit served on the garnishee under this section are a lien on the defendant's property due at the time of service of the summons to the extent the property is not exempt from garnishment.
Amendment History
Amended by Laws 2023, c. 184, s. 6, eff. 11/1/2023. Added by Laws 1986, SB 430, c. 185, § 7, eff. 9/1/1986; Amended by Laws 1990, SB 843, c. 248, § 3, emerg. eff. 5/21/1990; Amended by Laws 1995, HB 1324, c. 338, § 5, eff. 11/1/1995.
Plain-English Summary
A general garnishment, the only type of prejudgment garnishment Oklahoma allows and also a postjudgment option under Section 1171, begins the same way every garnishment does, with the affidavit required by Section 1172. The judgment creditor then serves the garnishee with a summons on an Oklahoma Bar Association form, along with the affidavit, an answer form, and a notice of garnishment and exemptions, served as Section 2004 requires and returned with proof of service within ten days.
The garnishee has ten days after service to file an answer and pay over or deliver whatever indebtedness or property belongs to the defendant, to the creditor's attorney or the creditor directly. The answer states whether the garnishee owes the defendant anything or holds the defendant's property, discloses any setoff or lien the garnishee claims, and, at the garnishee's option, any exemption claim or competing claimant known to the garnishee. Once served, the summons and affidavit become a lien on the defendant's nonexempt property that was due at the time of service.
Frequently Asked Questions
What is a general garnishment in Oklahoma?
It's the only type of garnishment available before judgment, and also one of five postjudgment garnishment types, used to reach property or debts owed to the defendant other than through the specialized earnings or child support procedures.
How long does a garnishee have to answer a general garnishment?
Ten (10) days after service of the garnishment summons.
When does a general garnishment become a lien on the defendant's property?
At the time the summons and affidavit are served on the garnishee, to the extent the property isn't exempt from garnishment.
Can a garnishee dispute owing anything to the defendant?
Yes. The answer can disclose any setoff, defense, other indebtedness, lien, or claim the garnishee has to the property.
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: general garnishment oklahoma procedureprejudgment garnishment oklahomagarnishee answer deadline oklahoma12 O.S. § 1173.3