Chapter 21: Garnishment and Attachment · Last amended November 1, 2022 · Last verified August 3, 2026
In one sentenceSection 1190 sets the fees a garnishee can deduct or charge for answering a garnishment, the fee a judgment creditor must front when garnishing a bank, how costs and attorney fees fall when the creditor and garnishee litigate the answer, and a capped statutory attorney fee for prosecuting a garnishment.
1.A garnishee may deduct a fee of Ten Dollars ($10.00) from the funds of the judgment debtor in the garnishee's possession as reimbursement for costs incurred in answering a garnishment issued pursuant to subparagraph a, b, c, d or e of paragraph 2 of subsection B of Section 1171 of this title, except as to garnishments set out in paragraph 2 of this subsection. If the garnishee is not indebted to the judgment debtor and the garnishee's answer evidencing that is filed and mailed or delivered to the judgment creditor or to the judgment creditor's attorney of record, the garnishee may assess the judgment creditor a fee of Ten Dollars ($10.00) as reimbursement for such costs. Any fee paid to a garnishee pursuant to this paragraph shall be taxed and collected as costs.
2.A judgment creditor shall remit a fee of Thirty-five Dollars ($35.00) as reimbursement for costs incurred in answering a garnishment issued pursuant to subparagraph d of paragraph 2 of subsection B of Section 1171 of this title to garnishees which are federally insured depository institutions. Such fee shall be delivered to the garnishee with the garnishment summons, and the garnishee shall not be required to attach funds of the judgment debtor until such fee is received. Any fee paid to a garnishee pursuant to this paragraph shall be taxed and collected as costs.
1.In case of the trial of any issue between the judgment creditor and any garnishee, costs shall be awarded to the judgment creditor and against the garnishee, in addition to the garnishee's liability, if the judgment creditor recovered more than the garnishee admitted by the garnishee's answer; and if the judgment creditor does not, the garnishee shall recover costs from the judgment creditor. The costs shall include a reasonable attorney fee to be taxed in favor of the prevailing party.
2.In the case of the trial to determine the amount to be recovered for due and owing child support, where any liability on the part of the garnishee is disclosed, costs shall be awarded to the judgment creditor and against the judgment debtor, including a reasonable attorney fee.
C.In all other cases under this article not expressly provided for, the court may, in its discretion, award costs in favor of or against any party.
D.In addition to sums otherwise due pursuant to a judgment, a judgment creditor, if represented by an attorney, shall be entitled to an attorney fee of Fifty Dollars ($50.00) for prosecuting a garnishment pursuant to subparagraphs b, c and d of paragraph 2 of subsection B of Section 1171 of this title, and an attorney fee of One Hundred Dollars ($100.00) for prosecuting a garnishment pursuant to subparagraph e of paragraph 2 of subsection B of Section 1171 of this title, not to exceed a total of Two Hundred Dollars ($200.00) in any calendar year.
Amendment History
Amended by Laws 2022, c. 219, s. 1, eff. 11/1/2022.
Amended by Laws 2016, c. 248, s. 2, eff. 11/1/2016.
R.L. 1910, § 4840; Amended by Laws 1965, HB 877, c. 297, § 15; Amended by Laws 1978, HB 1659, c. 190,
§ 5, eff. 10/1/1978; Amended by Laws 1986, SB 430, c. 185, § 10, eff. 9/1/1986; Amended by Laws 1992, HB
2118, c. 156, § 2, eff. 9/1/1992; Amended by Laws 1995, HB 1324, c. 338, § 16, eff. 11/1/1995; Amended by
Laws 1999, SB 751, c. 293, §17, eff. 11/1/1999; Amended by Laws 2002, SB 993, c. 26, §1, emerg. eff.
4/5/2002; Amended by Laws 2011, SB 527, c. 187, §8, eff. 11/1/2011.
Plain-English Summary
A garnishee may generally deduct a $10 fee from the judgment debtor's funds in his possession to cover the cost of answering a garnishment, or, if he holds nothing owed to the debtor and files an answer saying so, assess that $10 fee to the judgment creditor instead. Garnishing a federally insured bank works differently: the judgment creditor must remit a separate $35 fee with the garnishment summons, and the bank doesn't have to attach any funds until it receives that fee.
When the judgment creditor and a garnishee try the issue over what the garnishee owes, the loser pays costs, including a reasonable attorney fee to whichever side wins -- the garnishee pays if the creditor recovers more than the garnishee admitted, the creditor pays if he doesn't. In a hearing over child support due and owing, where the garnishee turns out to owe money, costs and a reasonable attorney fee go against the judgment debtor instead. For everything else this section doesn't cover, the court may award costs to either side as it sees fit.
Separately, a judgment creditor represented by an attorney can collect a statutory attorney fee for prosecuting the garnishment itself -- $50 for most categories and $100 for one particular category of garnishment defined in Section 1171 -- capped at $200 total in any calendar year.
Frequently Asked Questions
Can a garnishee charge a fee just for answering a garnishment?
Yes, generally $10, taken from the judgment debtor's funds in most cases, or assessed to the judgment creditor if the garnishee holds nothing owed to the debtor.
Is there a different fee for garnishing a bank account?
Yes -- a $35 fee applies when garnishing a federally insured depository institution, sent along with the summons, and the bank need not attach funds until it's paid.
Who pays costs if the judgment creditor disputes the garnishee's answer?
The losing side, plus a reasonable attorney fee to the party who prevails -- the garnishee pays if the creditor recovers more than the garnishee admitted, and the creditor pays if he doesn't.
Is there a cap on statutory attorney fees for prosecuting a garnishment?
Yes -- $50 or $100 depending on the category of garnishment, up to a total of $200 in any calendar year.
What happens in a garnishment tied to child support?
If the garnishee's liability is disclosed at a hearing over child support due and owing, costs and a reasonable attorney fee go against the judgment debtor, not the garnishee.
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:garnishment fee oklahoma $10bank garnishment $35 feeattorney fee for prosecuting garnishment12 O.S. § 1190 costs