A. For the purposes of this section, "wages" or "earnings" means any form of payment to an individual including, but not limited to, salary, commission, or other compensation, but does not include reimbursement for travel expenses for state employees.
§ 1178.1.Summons For Collection of Support - Affidavit - Garnishee's Answer
Chapter 21: Garnishment and Attachment · Last amended November 1, 2023 · Last verified August 3, 2026
In one sentenceSection 1178.1 requires a garnishee served with a child support collection garnishment under Section 1173.2 to file an affidavit describing the earnings or property relationship and confirming notice to the defendant, within ten days of service or seven days after the pay period ends, whichever is earlier.
Full Text of § 1178.1
B. Where the garnishment summons is for the collection of support and is issued under Section 1173.2 of this title, the garnishee shall, within ten (10) days from the service of the garnishee's summons or within seven (7) days after the end of defendant's current pay period or thirty (30) days from the date of service of this summons, whichever is earlier, file an affidavit with the clerk of the court in which the action is pending and deliver or mail a copy thereof to the judgment creditor's attorney or to the judgment creditor if there is no attorney. The affidavit shall state:
1. Whether the garnishee was the employer of or indebted or under any liability to the defendant named in the notice in any manner or upon any account for earnings or wages specifying, as applicable, the beginning and ending dates of the pay period existing at the time of the service of the affidavit and summons, the total amounts earned in the pay period and all of the facts and circumstances necessary to a complete understanding of such indebtedness or liability. 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. 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;
3. If the garnishee shall claim any setoff, defense, other indebtedness, liability, lien, or claim to such property, the facts and circumstances in the affidavit;
4. 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;
5. 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
6. 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.
C. The answer of the garnishee 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.
Amendment History
Amended by Laws 2023, c. 184, s. 10, eff. 11/1/2023. Added by Laws 1986, SB 430, c. 185, § 8, eff. 9/1/1986; Amended by Laws 1990, SB 843, c. 248, § 7, emerg. eff. 5/21/1990; Amended by Laws 1995, HB 1324, c. 338, § 10, eff. 11/1/1995; Amended by Laws 1997, HB 2058, c. 272, § 7, eff. 11/1/1997.
Plain-English Summary
Section 1178.1 defines wages or earnings the same broad way other garnishment sections do, reaching salary and commission but not state employee travel reimbursements, and then sets the response deadline for a garnishee served with a child support collection garnishment under Section 1173.2: ten days from service, or seven days after the defendant's current pay period ends, or thirty days from service, whichever comes first.
The affidavit the garnishee files with the court clerk, with a copy delivered or mailed to the judgment creditor or the creditor's attorney, must describe the employment or debt relationship and the pay period involved, disclose whether the garnishee owes or holds any of the defendant's property, note any setoff or lien claimed, and, at the garnishee's option, flag any exemption the defendant might claim or other claimants known to the garnishee. It also confirms the garnishee sent the required notice and hearing application to the defendant. The answer itself goes on an Oklahoma Bar Association form available through OSCN.
Frequently Asked Questions
How soon must a garnishee respond to a child support collection garnishment in Oklahoma?
Within ten (10) days from service of the summons, or seven (7) days after the defendant's current pay period ends, or thirty (30) days from service, whichever is earliest.
Does the garnishee have to disclose property as well as earnings owed to the defendant?
Yes. The affidavit covers both the earnings relationship and any other property the garnishee holds or debt owed to the defendant.
What form does the garnishee's answer use?
A form the Oklahoma Bar Association prescribes, which the Administrative Office of the Courts makes available through a link on the OSCN website.
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 employer response oklahomagarnishee affidavit deadline child support oklahoma12 O.S. § 1178.1