No judgment shall be rendered against the state, or any county, city, town, board of education, school board or any municipal subdivision of the state named as garnishee, but judgment may be rendered against any person served pursuant to Section 1193 of this title, who shall willfully fail, neglect or refuse to answer garnishment summons; provided, no person employed by the state or any county, city, town, board of education, school board, or any municipal subdivision of the state shall be held personally liable unless the failure, neglect, or refusal to answer is willful.
§ 1194.State Or Political Subdivisions As Garnishee - Judgments
Chapter 21: Garnishment and Attachment · Last amended November 1, 2005 · Last verified August 3, 2026
In one sentenceSection 1194 shields the state and its political subdivisions from judgment as a garnishee, but lets a court enter judgment against the individual officer served under Section 1193 if that person willfully fails, neglects, or refuses to answer.
Full Text of § 1194
Amendment History
Laws 1925, SB 128, c. 33, p. 51, § 3; Amended by Laws 1965, HB 877, c. 297, § 16; Amended by Laws 2005, HB 1516, c. 78, §1, eff. 11/1/2005.
Plain-English Summary
No judgment can be rendered against the state, a county, city, town, board of education, school board, or other municipal subdivision named as a garnishee. But the officer who was personally served under Section 1193 isn't automatically off the hook -- if he willfully fails, neglects, or refuses to answer the garnishment summons, judgment may be entered against him.
The statute limits that personal exposure to willful conduct. A state, county, city, town, board of education, or school board employee served in this role isn't personally liable unless the failure, neglect, or refusal was willful.
Frequently Asked Questions
Can a court enter judgment against the state itself in a garnishment case?
No. Judgment can't be rendered against the state, county, city, town, board of education, school board, or other municipal subdivision named as garnishee.
Can the individual official who was served be held personally liable?
Only if he willfully fails, neglects, or refuses to answer the garnishment summons -- an honest mistake doesn't count.
Does this protect every government employee automatically?
No. The protection depends on the failure not being willful; a willful refusal to answer opens the door to judgment against that person.
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: suing the state as garnishee oklahomapersonal liability for failing to answer garnishmentsovereign immunity garnishment oklahoma12 O.S. § 1194