§ 1186.Garnishee Not Liable For What - Judgment On Unmatured Obligation
Chapter 21: Garnishment and Attachment · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1186 lists what a garnishment judgment can't reach -- negotiable instruments the garnishee signed, money he collected as an officer under legal process, funds he holds only as a public officer, and debts not yet unconditionally due -- while still allowing judgment on a not-yet-payable debt.
Full Text of § 1186
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No judgment shall be rendered upon a liability of the garnishee arising --
First, By reason of his having drawn, accepted, made, endorsed or guaranteed any negotiable bill, draft, note, or other security.
Second, By reason of any money or other thing received or collected by him as sheriff or other officer, by force of an execution or other legal process in favor of the defendant.
Third, By reason of any money in his hands as a public officer, and for which he is accountable to the defendant merely as such officer.
Fourth, By reason of any money or other thing owing from him to the defendant, unless before judgment against the defendant it shall become due absolutely and without depending on any future emergency. Judgment may be given for any money or other thing owing, although it has not become payable, in which case the garnishee shall not be required to pay or deliver it before the time appointed by the contract.
Amendment History
R.L. 1910, § 4836.
Plain-English Summary
This section carves four things out of a garnishee's exposure: a negotiable bill, draft, note, or other security he drew, accepted, made, endorsed, or guaranteed; money or property he collected as sheriff or another officer under an execution or other legal process; money he holds as a public officer and is accountable for only in that capacity; and money or property he owes the defendant that hasn't become due absolutely, without depending on some future event.
That last exclusion has a wrinkle. A court can still enter judgment on a debt the garnishee owes even though it isn't payable yet -- the garnishee just doesn't have to pay or deliver it before the date the underlying contract sets.
Frequently Asked Questions
Can a garnishee be forced to pay on a note or bill he signed for the defendant?
No. Negotiable bills, drafts, notes, or other security he drew, accepted, made, endorsed, or guaranteed are excluded from garnishment liability.
What about money the garnishee collected as sheriff under an execution?
That's excluded as well -- money or property he collected under an execution or other legal process in the defendant's favor doesn't count.
Can a garnishee be liable for a debt to the defendant that isn't due yet?
Only if it's absolutely due before judgment. If it's owed but not yet payable, a court may still enter judgment, but the garnishee doesn't have to pay until the contract's own due date arrives.
Does this protect money a public officer holds for the defendant?
Yes, if the officer is accountable for it only in his official capacity.
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:garnishee exemptions oklahomaunmatured debt garnishmentwhat a garnishee cannot be liable for12 O.S. § 1186