A. In all cases of garnishment before judgment, the defendant in the principal action shall be given notice of the issuance in said action of any garnishee summons, the date of issuance of said summons, and the name of the garnishee.
§ 1174.Notice to Defendant of Garnishment Proceedings
Chapter 21: Garnishment and Attachment · Last amended November 1, 2023 · Last verified August 3, 2026
In one sentenceSection 1174 requires notice to the defendant whenever a garnishment issues, before or after judgment, including a postjudgment notice of possible exemptions with a five-day deadline to request a hearing, and lists the acceptable methods of giving that notice.
Full Text of § 1174
B. In all cases of garnishment for the collection of child support, the defendant shall be given notice as required by this section.
C. In all cases of postjudgment garnishment, the court clerk shall attach notice, in a form prescribed by the Oklahoma Bar Association, with the garnishment, in the manner provided by Section 1172.2 of this title that the defendant may be entitled to claim an exemption for any assistance received pursuant to the terms of the Federal or Oklahoma Social Security Act and other exemptions that may be available to the defendant, and that any such claim should be filed with the court clerk within five (5) days from receipt of notice in a form prescribed by the Oklahoma Bar Association, requesting a hearing as to the status of any assets which the defendant asserts are exempt. Any proceeding to claim an exemption initiated subsequent to five (5) days after receipt of notice shall be by motion unless otherwise agreed by the parties.
D. The Administrative Office of the Courts shall provide public access to both the notice and claim for exemption by providing links to the forms on the Oklahoma State Courts Network (OSCN) website.
E. Said notification may be accomplished by:
1. Serving a copy of the garnishee summons on the defendant or on his or her attorney of record in the manner provided for the service of summons; or
2. Sending the notice or a copy of the garnishee summons to the defendant or his or her attorney of record by registered or certified mail with return receipt requested, which receipt shall be filed in the action; or
3. Attaching the notice on the summons issued in the principal action prior to its service; or
4. Including the notice in the publication notice when service in the principal action is by publication; or
5. Publication one time in a newspaper of general circulation in the county in which the action is filed at least five (5) days prior to the date on which the garnishee's answer is due if the defendant is a nonresident or if the defendant's whereabouts are unknown to plaintiff.
Amendment History
Amended by Laws 2023, c. 184, s. 8, eff. 11/1/2023. Amended by Laws 1982, HB 1762, c. 302, § 2, eff. 10/1/1982; Amended by Laws 1983, SB 88, c. 50, § 4, emerg. eff. 4/26/1983; Amended by Laws 1983, HB 1146, c. 308, § 2, eff. 10/1/1983; Amended by Laws 1986, SB 430, c. 185, § 3, eff. 9/1/1986; Amended by Laws 2004, SB 1275, c. 450, §6, eff. 11/1/2004.
Plain-English Summary
Every garnishment proceeding requires notifying the defendant, though what that notice contains depends on the type of garnishment. Before judgment, the defendant must learn that a garnishee summons issued, when, and against whom. In a postjudgment garnishment, the clerk attaches a notice, on an Oklahoma Bar Association form, telling the defendant about possible exemptions, including assistance received under the Social Security Act, and giving five days from receiving it to file a request for a hearing on the exempt status of the garnished assets; a claim raised after that window generally has to come by motion instead, unless the parties agree otherwise.
Section 1174 lists five acceptable ways to deliver notice: serving a copy of the garnishee summons on the defendant or the defendant's attorney the way summonses are served; sending the notice or summons by certified or registered mail with a return receipt filed in the case; attaching the notice to the summons in the underlying case before it's served; folding the notice into a publication notice when the underlying case is served by publication; or, for a nonresident defendant or one whose whereabouts are unknown, publishing notice once in a newspaper of general circulation at least five days before the garnishee's answer is due.
Frequently Asked Questions
How does a defendant find out their wages or property are being garnished in Oklahoma?
Through one of five methods Section 1174 lists: personal service, certified or registered mail, attachment to the underlying summons, inclusion in a publication notice, or standalone newspaper publication if the defendant is a nonresident or can't be located.
How long do I have to request a hearing on a garnishment exemption?
Five (5) days from receiving the notice of garnishment and exemptions; after that, a claim generally has to be raised by motion instead.
What exemptions does the postjudgment garnishment notice mention?
It flags that the defendant may be entitled to claim an exemption for assistance received under the Federal or Oklahoma Social Security Act, along with other exemptions that may apply.
Can notice of a garnishment be published in a newspaper?
Yes, but only for a nonresident defendant or one whose whereabouts the plaintiff doesn't know, and only if published once at least five days before the garnishee's answer is due.
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 notice requirements oklahomahow to claim garnishment exemption oklahomanotice by publication garnishment oklahoma12 O.S. § 1174