When the plaintiff excepts, the sureties shall appear for justification before the judge of the district court or the county judge of the county in which the action is brought, at a time and place to be mentioned in the notice given by the plaintiff, and may be examined on oath on the part of the plaintiff touching their sufficiency, in such manner as the judge in his discretion may think proper. The examination shall be reduced to writing and subscribed by the sureties, if required by the plaintiff. If the judge find the sureties sufficient he shall annex the examination to the undertaking, endorse his allowance thereon, and cause them to be filed with the clerk of the district court. Thereafter all the garnishees shall be discharged, and the garnishment proceedings shall be deemed discontinued, and any money or property paid or delivered to any officer shall be surrendered to the person entitled thereto, and the costs shall be taxable as disbursements of the plaintiff in the action if he recovers. The judge may in his discretion require the costs of the justification before him, including fees to the sureties as witnesses, to be forthwith paid by the party requiring justification.
§ 1189.Justification of Sureties - Garnishees Discharged
Chapter 21: Garnishment and Attachment · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1189 sets the hearing procedure for challenged sureties on a defendant's garnishment bond -- a judge examines them under oath, and if he finds them sufficient, the bond is approved, every garnishee is discharged, and the garnishment proceeding is treated as discontinued.
Full Text of § 1189
Amendment History
R.L. 1910, § 4839.
Plain-English Summary
When the plaintiff excepts to the sureties, they must appear before the district judge or county judge of the county where the action is pending, at the time and place the plaintiff's notice sets, and answer questions under oath about their sufficiency. The judge can require the examination written down and signed if the plaintiff asks for that.
If the judge finds the sureties sufficient, he attaches the examination to the bond, endorses his approval, and has it filed with the clerk. From that point every garnishee in the case is discharged, the garnishment proceeding is treated as discontinued, and any money or property already collected goes back to the person entitled to it. If the plaintiff recovers in the underlying action, the garnishment costs are taxed as his disbursements; the judge may also require the party who demanded justification to pay the costs of that hearing, including the sureties' witness fees, right away.
Frequently Asked Questions
What happens when the plaintiff challenges the sureties on a defendant's bond?
A judge examines them under oath about their sufficiency, at a time and place the plaintiff sets in his notice.
What happens once the judge approves the sureties?
Every garnishee is discharged, the garnishment proceeding is treated as discontinued, and any money or property already collected is returned to the person entitled to it.
Who pays for the justification hearing?
The judge may, at his discretion, require the party who demanded justification to pay the hearing's costs immediately, including witness fees for the sureties.
Are the plaintiff's garnishment costs protected if the case is discontinued this way?
Yes -- if the plaintiff ultimately recovers in the underlying action, the garnishment costs are taxed as his disbursements.
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: surety justification hearing oklahomachallenging garnishment bond suretiesgarnishee discharged after bond approved12 O.S. § 1189