A garnishee may pay the money owing to the defendant by him to the sheriff having the order of attachment, or into court. He shall be discharged from liability to the defendant for any money so paid, not exceeding the plaintiff's claim. He shall not be subject to costs, beyond those caused by his resistance of the claim against him; and if he discloses the property in his hands, or the true amount owing by him, and deliver and pay the same, according to the order of the court, he shall be allowed his costs.
§ 1233.Garnishee May Pay Money Into Court
Chapter 21: Garnishment and Attachment · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1233 lets a garnishee pay what he owes the defendant to the sheriff or into court, discharging him from liability up to the plaintiff's claim, and spares him from costs -- even awarding him costs -- when he discloses and pays what he owes as the court orders.
Full Text of § 1233
Amendment History
R.L. 1910, § 4854.
Plain-English Summary
Rather than fight the garnishment, a garnishee may pay the sheriff holding the attachment order, or pay into court, whatever he owes the defendant. That payment discharges him from liability to the defendant for the amount paid, up to the plaintiff's claim.
Cooperation pays off further. A garnishee who resists the claim against him is only on the hook for the costs his resistance causes, but one who discloses the property in his hands, or the true amount he owes, and pays or delivers it as the court orders, gets his own costs allowed.
Frequently Asked Questions
Can a garnishee just pay the money into court instead of fighting the garnishment?
Yes -- he may pay what he owes the defendant to the sheriff holding the order of attachment, or into court.
Does paying into court protect the garnishee from the defendant suing him for the same money later?
Yes -- he's discharged from liability to the defendant for the amount paid, up to the plaintiff's claim.
Does the garnishee have to pay costs if he cooperates?
No -- if he discloses the property or the true amount owed and pays or delivers it as the court orders, he's allowed his own costs; he's only liable for costs caused by resisting the 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: garnishee paying money into court oklahomagarnishee discharge by paymentavoiding costs through garnishment disclosure12 O.S. § 1233