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§ 1178.2.General Garnishee Summons - Affidavit - Garnishee's Answer

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

In one sentenceSection 1178.2 requires a garnishee served with a general garnishment under Section 1173.3, that isn't on earnings or for child support, to file an affidavit within ten days describing any indebtedness or property held for the defendant, unless the garnishee instead makes the affidavit under Section 1176.

Full Text of § 1178.2

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A. Where the garnishment summons is not on earnings, is not for the collection of child support and is issued under Section 1173.3 of this title, then unless the garnishee shall make the affidavit provided for in Section 1176 of this title, the garnishee shall, within ten (10) days from the service of the garnishee's summons, 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 indebted or under any liability to the defendant named in the notice in any manner or upon any account specifying if indebted or liable, the amount, the interest thereon, the manner in which evidenced, when payable, whether an absolute or contingent liability 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.
B. 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. 11, eff. 11/1/2023. Added by Laws 1986, SB 430, c. 185, § 9, eff. 9/1/1986; Amended by Laws 1995, HB 1324, c. 338, § 11, eff. 11/1/1995; Amended by Laws 1996, SB 1261, c. 339, § 2, eff. 11/1/1996.

Plain-English Summary

Not every garnishment targets a paycheck or collects child support. Section 1178.2 covers the remaining case: a general garnishment under Section 1173.3 that isn't on earnings and isn't for child support collection. Unless the garnishee instead files the affidavit described in Section 1176, the garnishee has ten days from service of the summons to file an affidavit with the clerk and deliver or mail a copy to the judgment creditor or the creditor's attorney.

The affidavit spells out any indebtedness or liability to the defendant, including the amount, interest, and whether it's absolute or contingent, and discloses any property of the defendant's the garnishee holds or controls. It also covers any setoff or lien the garnishee claims and, at the garnishee's option, any exemption the defendant might raise or other claimants known to the garnishee, plus confirmation that the required notice reached the defendant. The answer goes on an Oklahoma Bar Association form available through OSCN.

Frequently Asked Questions

How long does a garnishee have to answer a general garnishment that isn't on wages or child support?

Ten (10) days from service of the garnishee's summons, unless the garnishee instead files the affidavit described in Section 1176.

What must the affidavit disclose about debts owed to the defendant?

The amount, the interest, how it's evidenced, when it's payable, and whether the liability is absolute or contingent.

Does this section cover garnishments of a bank account or other property?

Yes. It applies to general garnishments under Section 1173.3 that aren't garnishing earnings and aren't collecting child support, covering property and debts more broadly.

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 affidavit oklahomagarnishing a bank account oklahoma12 O.S. § 1178.2