At any time before final order or judgment against the garnishee, the defendant may in all cases, by answer duly verified defend the proceedings against any garnishee, upon the ground that the indebtedness of the garnishee, or any property held by him, is exempt from execution against such defendant, or for any other reason is not liable to garnishment; or upon any ground upon which a garnishee might defend the same; and may participate in the trial of any issue between the plaintiff and garnishee for the protection of his interests. The garnishee may at his option, defend the principal action for the defendant, if the latter does not, but shall be under no obligations so to do.
§ 1181.Mutual Defense By Garnishee and Defendant
Chapter 21: Garnishment and Attachment · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1181 lets a defendant, by verified answer filed before final judgment against the garnishee, defend the garnishee proceeding on any ground that the garnishee's property or debt is exempt or otherwise not subject to garnishment, and lets the garnishee optionally defend the underlying action for the defendant.
Full Text of § 1181
Amendment History
R.L. 1910, § 4831; Amended by Laws 1965, HB 877, c. 297, § 11.
Plain-English Summary
The defendant doesn't have to sit out the fight over the garnishee's property. Section 1181 lets the defendant, any time before a final order or judgment against the garnishee, file a verified answer defending the garnishee proceeding, whether on the ground that the garnishee's indebtedness or property is exempt from execution, or on any other ground that would defeat garnishment, including any ground the garnishee itself could raise. The defendant can also participate in the trial of any issue between the plaintiff and the garnishee to protect the defendant's own interests.
The garnishee, for its part, may choose to defend the underlying action on the defendant's behalf if the defendant doesn't, though the garnishee is under no obligation to do so.
Frequently Asked Questions
Can a defendant fight a garnishment of someone else's debt to them?
Yes. Section 1181 lets the defendant file a verified answer defending the garnishee proceeding on the ground that the property or debt is exempt or otherwise not subject to garnishment.
Until when can the defendant raise this defense?
Any time before a final order or judgment is entered against the garnishee.
Is the garnishee required to defend the underlying lawsuit for the defendant?
No. The garnishee may choose to defend the principal action if the defendant doesn't, but has no obligation to do so.
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: defending a garnishment as the debtor oklahomagarnishment exemption defense oklahoma12 O.S. § 1181