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§ 1184.Disclaimer By Garnishee - Interpleading Interested Party

Chapter 21: Garnishment and Attachment · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 1184 lets the court, when a garnishee's answer reveals a third party claiming the disclosed property, order that claimant interpleaded as a defendant, who must answer within ten days or face default, after which the garnishee can pay into court and be discharged.

Full Text of § 1184

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When the answer of the garnishee shall disclose that any other person than the defendant claims the indebtedness or property in his hands, and the name and residence of such claimant, the court may, on motion, order that such claimant be interpleaded, as a defendant to the garnishee action; and that notice thereof, setting forth the facts, with a copy of such order, in such form as the court shall direct, be served upon him; and that after such service shall have been made, the garnishee may pay or deliver to the officer or the clerk such indebtedness or property, and have a receipt therefor, which shall be a complete discharge from all liability to any party for the amount paid or property so delivered. Such notice shall be served in the manner required for service of a summons in a civil action, and may be made without the state, or by publication thereof, if the order shall so direct. Upon such service being made, such claimant shall be deemed a defendant to the garnishee action and within ten (10) days shall answer, setting forth his claim or any defense which the garnishee might have made. In case of default, judgment may be rendered, which shall conclude any claim upon the part of such defendant.

Amendment History

R.L. 1910, § 4834; Amended by Laws 1965, HB 877, c. 297, § 14.

Plain-English Summary

Sometimes a garnishee's answer reveals that the disclosed money or property isn't cleanly owed to the defendant at all, but claimed by someone else entirely. Section 1184 lets the court, on motion, order that third-party claimant interpleaded as a defendant to the garnishee action, once the answer names the claimant and gives a residence. Notice of that order, along with a copy and a statement of the facts, gets served on the claimant the way a summons is served in a civil action, including outside the state or by publication if the court so directs.

Once served, the claimant becomes a defendant in the garnishee action and has ten days to answer, setting out the claim or any defense the garnishee itself could have raised; a default lets the court enter judgment that forecloses the claim entirely. After the claimant is brought in, the garnishee may pay or deliver the disputed indebtedness or property to the officer or clerk and receive a receipt that fully discharges the garnishee from liability to any party for what was paid or delivered.

Frequently Asked Questions

What happens if someone other than the defendant claims the garnisheed property?

The court can order that claimant interpleaded as a defendant to the garnishee action, once the garnishee's answer discloses the claim and the claimant's name and residence.

How long does an interpleaded claimant have to respond?

Ten (10) days after being served, to answer and set out the claim or any defense the garnishee could have raised.

Can the garnishee get out of the dispute once a third-party claimant is brought in?

Yes. The garnishee may pay or deliver the property to the officer or clerk and receive a receipt that discharges the garnishee from all liability to any party for it.

What if the interpleaded claimant doesn't respond?

The court may enter a default judgment that concludes the claimant's claim.

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: third party claim on garnished property oklahomainterpleader in garnishment oklahoma12 O.S. § 1184