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§ 1183.Examination of Garnishee

Chapter 21: Garnishment and Attachment · Last amended November 1, 2011 · Last verified August 3, 2026

In one sentenceSection 1183 lets the judgment creditor examine the garnishee under the Oklahoma Discovery Code any time after service of the garnishment summons, and specifically lets discovery begin within forty-five days after the garnishee's answer, requiring verified responses within twenty days of a discovery request.

Full Text of § 1183

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The garnishee may be examined by the judgment creditor in any manner prescribed by the Oklahoma Discovery Code. Discovery may commence at any time after the service of the garnishee summons. If the garnishee is a corporation, any principal officer thereof may be so examined. Within forty-five (45) days after the filing of the answer affidavit by the garnishee, the judgment creditor may commence discovery concerning any matter contained in the answer or germane to any liability on the garnishee's part to the principal defendant. A copy of the discovery request or notice of deposition and such statement shall be served upon the garnishee or the garnishee's attorney of record in the manner provided for service of summons. The garnishee within twenty (20) days of the date of service of a discovery request shall deliver by mail a copy to the judgment creditor or the judgment creditor's attorney of record, full and true answers to all discovery requests, verified by affidavit, in the manner prescribed by the Oklahoma Discovery Code.

Amendment History

R.L. 1910, § 4833; Amended by Laws 1965, HB 877, c. 297, § 13; Amended by Laws 1995, HB 1324, c. 338, § 15, eff. 11/1/1995; Amended by Laws 1999, SB 751, c. 293, §16, eff. 11/1/1999; Amended by Laws 2011, SB 527, c. 187, §7, eff. 11/1/2011.

Plain-English Summary

Section 1183 gives the judgment creditor a tool for testing what a garnishee's answer disclosed: examination under the Oklahoma Discovery Code, which can start any time after the garnishee summons is served. If the garnishee is a corporation, any principal officer can be examined. Within forty-five days after the garnishee files the answer affidavit, the creditor may open discovery into anything the answer covers, or anything germane to whether the garnishee is liable to the defendant.

Discovery requests or a deposition notice go to the garnishee or the garnishee's attorney of record the way a summons is served, and the garnishee has twenty days from service of a discovery request to mail back full, true, and verified answers, following the Oklahoma Discovery Code's procedures.

Frequently Asked Questions

Can a judgment creditor question a garnishee about what they owe the defendant?

Yes. Section 1183 lets the creditor examine the garnishee under the Oklahoma Discovery Code, starting any time after the garnishment summons is served.

How long after the garnishee's answer can discovery begin?

The creditor may commence discovery within forty-five (45) days after the garnishee files the answer affidavit.

How long does a garnishee have to respond to a discovery request?

Twenty (20) days from the date of service of the discovery request, with verified answers mailed to the creditor or the creditor's attorney.

Who gets examined if the garnishee is a corporation?

Any principal officer of the corporation may be examined.

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: deposing a garnishee oklahomagarnishee discovery oklahoma12 O.S. § 1183