A. For the purposes of this section, "earnings" means any form of payment to an individual including, but not limited to, salary, wages, commission, or other compensation, but does not include reimbursement for travel expenses for state employees.
§ 1178.Garnishee's Affidavit Where Garnishment Summons On Earnings
Chapter 21: Garnishment and Attachment · Last amended November 1, 2023 · Last verified August 3, 2026
In one sentenceSection 1178 requires a garnishee served with a noncontinuing earnings garnishment under Section 1173 to file an affidavit, within seven days of the pay period's end or thirty days of service, whichever is earlier, describing the earnings relationship, any setoff, and proof the required notices reached the defendant.
Full Text of § 1178
B. Where the garnishment summons is on earnings and is issued under Section 1173 of this title, the garnishee shall, within seven (7) days after the end of defendant's present pay period or where a payment of earnings is due, or thirty (30) days from the service of the 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 or the judgment creditor's attorney of record. 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 garnishee 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. If the garnishee shall claim any setoff, defense, other indebtedness, liability, lien, or claim to such property, the facts and circumstances in the affidavit;
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. The garnishee shall state that he or she 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 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.
Amendment History
Amended by Laws 2023, c. 184, s. 9, eff. 11/1/2023. R.L. 1910, § 4828; Amended by Laws 1965, HB 877, c. 297, § 8; Amended by Laws 1976, HB 1927, c. 87, § 7, emerg. eff. 5/4/1976; Amended by Laws 1982, HB 1762, c. 302, § 3, eff. 10/1/1982; Amended by Laws 1983, SB 88, c. 50, § 5, emerg. eff. 4/26/1983; Amended by Laws 1986, SB 430, c. 185, § 5, eff. 9/1/1986; Amended by Laws 1990, SB 843, c. 248, § 6, emerg. eff. 5/21/1990; Amended by Laws 1995, HB 1324, c. 338, § 9, eff. 11/1/1995.
Plain-English Summary
Section 1178 defines earnings for garnishment purposes, reaching salary, wages, commission, and other compensation but excluding travel expense reimbursements for state employees, and then sets out what a garnishee owes the court when served with a noncontinuing earnings garnishment under Section 1173. The garnishee must file an affidavit with the clerk, and deliver or mail a copy to the judgment creditor or the creditor's attorney, within seven days after the defendant's current pay period ends or thirty days from service, whichever is earlier.
The affidavit describes the employment or debt relationship and the pay period involved, discloses any setoff, lien, or competing claim, and, at the garnishee's option, notes any exemption the defendant might claim or other claimants known to the garnishee. It also confirms the garnishee mailed or hand-delivered the required notice of garnishment and exemptions and hearing application to the defendant. The garnishee's answer itself goes on a form the Oklahoma Bar Association prescribes, available through the OSCN website.
Frequently Asked Questions
What deadline does a garnishee face when served with a wage garnishment in Oklahoma?
Filing the required affidavit within seven (7) days after the defendant's current pay period ends, or thirty (30) days from service of the summons, whichever is earlier.
What counts as earnings under Section 1178?
Salary, wages, commission, or other compensation, but not travel expense reimbursements paid to state employees.
Can a garnishee raise a defense to owing the defendant's wages?
Yes. The affidavit can disclose any setoff, defense, lien, or other claim the garnishee has against the property or debt.
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: employer wage garnishment affidavit oklahomagarnishee response deadline oklahoma12 O.S. § 1178