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Fill in a Valid Oklahoma 20 Template

The Oklahoma 20 form is a legal document used in the state of Oklahoma for garnishment proceedings. This form allows a judgment creditor to request the garnishment of a debtor's wages or assets to satisfy a court judgment. Understanding how to properly fill out this form is essential for ensuring compliance with state laws and effectively pursuing owed debts.

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The Oklahoma 20 form is a critical document used in the garnishment process within the state’s legal system. It serves as an affidavit that allows a judgment creditor to seek the garnishment of a debtor's wages or assets. This form is divided into two main sections: prejudgment and postjudgment garnishment. In the prejudgment section, the creditor must state the amount owed by the debtor, while the postjudgment section requires a detailed breakdown of the total amount due, including interest, court costs, and attorney fees. The form also identifies the garnishee, who is typically the debtor's employer or a financial institution, and outlines their responsibilities regarding withholding and remitting funds to the creditor. Additionally, the form stipulates the process for notifying the debtor about the garnishment and provides guidelines for the garnishee on how to respond within a specified timeframe. Understanding the intricacies of the Oklahoma 20 form is essential for both creditors seeking to recover debts and garnishees tasked with compliance. This form not only impacts the financial obligations of the debtor but also influences the legal responsibilities of the garnishee, making it a vital component of debt recovery in Oklahoma.

Document Properties

Fact Name	Description
Governing Law	The Oklahoma 20 form is governed by Oklahoma Statutes, specifically 12 O.S. Supp. 2004 § 1172.
Purpose	This form is used to initiate garnishment proceedings against a judgment debtor.
Affidavit Requirement	The form requires the judgment creditor to provide a sworn affidavit regarding the debtor's indebtedness.
Types of Garnishment	It distinguishes between prejudgment and postjudgment garnishment, each with specific requirements.
Garnishee's Role	The garnishee must respond to the summons within seven days after the judgment debtor's pay period ends.
Definition of Earnings	The form defines "earnings" broadly, including salaries and commissions, but excluding travel reimbursements for state employees.
Continuing Garnishment	If applicable, the form allows for continuing garnishment until specific conditions are met, such as satisfaction of the judgment.
Proof of Service	Proof of service must be returned within ten days of the issuance of the garnishment summons.

Common mistakes

Incomplete Information: One common mistake is failing to provide complete information about the judgment debtor. This includes not filling in the debtor's name, the amount owed, or other essential details. Incomplete forms can lead to delays and complications in the garnishment process.
Incorrect Amounts: Another frequent error involves miscalculating the total amount owed. It's crucial to ensure that all components, such as principal, interest, court costs, and attorney fees, are accurately summed up. An incorrect total can invalidate the garnishment.
Failure to Sign: Some individuals neglect to sign the form. A signature is necessary to validate the affidavit. Without it, the court may reject the submission, causing further delays in the garnishment process.
Missing Dates: Omitting dates is a common oversight. Whether it's the date of the affidavit or the date from which interest is calculated, missing dates can lead to confusion and complications. All relevant dates must be clearly indicated.
Not Checking the Right Box: The form includes options regarding whether a continuing garnishment is being sought. Failing to check the appropriate box can lead to misunderstandings about the nature of the garnishment, which may affect the enforcement of the order.
Ignoring Exemptions: Many individuals overlook the exemptions that may apply to the judgment debtor's property or earnings. Understanding what can be garnished and what cannot is vital to avoid legal issues later on.
Improper Filing: Finally, some people fail to follow the correct filing procedures. This includes not submitting the form to the appropriate court clerk or not serving the garnishee properly. Adhering to the correct filing protocols is essential for the garnishment to be effective.

Misconceptions

Understanding the Oklahoma 20 form can be challenging. Here are eight common misconceptions about this legal document.

The Oklahoma 20 form is only for post-judgment garnishments. This form can be used for both prejudgment and postjudgment garnishments, depending on the situation.
Only attorneys can file the Oklahoma 20 form. Individuals, as judgment creditors, can also prepare and submit this form without an attorney.
Filing the Oklahoma 20 form guarantees payment. While it initiates the garnishment process, it does not guarantee that the judgment debtor will pay the owed amount.
The garnishee has unlimited time to respond. The garnishee must respond within a specific timeframe, typically seven days after the judgment debtor's pay period ends.
All types of income can be garnished. Certain types of income, such as specific benefits or reimbursements, may be exempt from garnishment.
The judgment debtor will always be notified of the garnishment. While the garnishee must notify the judgment debtor, there are situations where this notification may not occur.
The garnishment ends automatically after 180 days. The garnishment continues until the debt is satisfied, the employment ends, or the court modifies the order.
Once a garnishment is filed, it cannot be changed. The terms of the garnishment can be modified by agreement of the parties and must be filed with the court.

Being informed about these misconceptions can help individuals navigate the garnishment process more effectively.

Preview - Oklahoma 20 Form

IN THE DISTRICT COURT OF	Payne	COUNTY, STATE OF OKLAHOMA
	)
	)
	)
Plaintiff	)
	)	Case No.
vs.	)		(To be entered by Court Clerk)
	)
	)
	)
Defendant(s)	)
	)

Garnishment Affidavit

(12 O.S. Supp. 2004 § 1172)

State of Oklahoma		)
		)
Count of		)

, being duly sworn, states as follows:

1.That he/she is the Judgment Creditor or Plaintiff in the above-styled case;


2.	For Prejudgment Garnishment only:			That		, the
	Judgment Debtor or Defendant in the above-styled cause is indebted to me in the amount of
		on my original claim, over and above all offsets;
3.	For Postjudgment Garnishment only:			That		, the
	Judgment Debtor is further indebted to me as follows:
	$		Interest-bearing balance
	$		Interest at		% from	(date)

	$		Court Costs not included in interest-bearing balance
	$		Attorney fees not included in interest-bearing balance
	$		Total Garnishment amount

4.	That I believe that			is indebted to or has property within his
	possession or under his control, which is not by law exempt from seizure or sale upon
	execution, belonging to the Judgment Debtor or Defendant.
5.	That I (check one)	am, or,	am not seeking a continuing garnishment.

Judgment Creditor or Plaintiff, or

Attorney for Judgment Creditor or Plaintiff

Oklahoma Bar Association No.

Subscribed and sworn to this

day of

Court Clerk or Notary Public

Deputy

(Seal)

My Commission Expires:

IN THE DISTRICT COURT OF	Payne	COUNTY, STATE OF OKLAHOMA
	)
Plaintiff	)
	)
vs	)
	)	Case No.
	)
Defendant	)
	)
and	)
	)
	)
Garnishee	)

Continuing Postjudgment Earnings Garnishment Summons

The State of Oklahoma, to said Garnishee:

You are hereby summoned pursuant to the attached affidavit as garnishee of the judgment debtor,

,and required, within seven (7) days after the end of judgment debtor’s present pay period or thirty (30) days from the date of service of this summons upon you, whichever is earlier, to answer according to law whether you are the employer of, or indebted to, or under any liability to, the judgment debtor and to withhold the required amount from the judgment debtor’s earnings for the earnings pay periods for which this summons is effective, and pay the required amount to the attorney for the judgment creditor, or the judgment creditor if not represented by an attorney, unless otherwise ordered by the court. At the time that you file your answer with the clerk of this court, you must deliver or mail a copy of your answer to the judgment creditor’s attorney, or judgment creditor if not represented by an attorney, and to the judgment debtor unless the judgment debtor is otherwise given actual written notice, which may consist of a notation on judgment debtor’s statement of earnings. You are directed to withhold the amount calculated on the answer form or the present judgment balance, whichever is less, and to pay the same to the judgment creditor’s attorney, or the judgment creditor if not represented by an attorney, at the time you file your answer. For garnishment purposes, “earnings” means any form of payment to an individual including, but not limited to salary, commission, or other compensation, but does not include reimbursements for travel for state employees.

If garnishee is indebted to or holds earnings belonging to judgment debtor, the garnishee immediately shall mail by first-class mail a copy of the notice of garnishment and exemptions, and the application for hearing, to the judgment debtor at the last-known address of the judgment debtor shown on the records of the garnishee at the time the garnishment summons was served on the garnishee. If more than one address is shown on the records of the garnishee at the time of service of the summons, the garnishee shall discharge his duty by mailing to any one of the addresses shown on its records. In lieu of the mailing, the garnishee may hand-deliver a copy of the notice of garnishment and exemptions, and the application for hearing, to the judgment debtor.

You are hereby directed to pay with your answer the amounts required by law and in case of your failure to do so, you will be liable to further proceedings according to law, and judgment shall be rendered against you in the amount of the judgment rendered against the principal judgment debtor which has a present balance of $

together with costs in the principal action and costs of the garnishment proceedings.

Because this is a continuing garnishment, garnishee will withhold and continue to withhold and pay to the judgment creditor’s attorney, or the judgment creditor if not represented by an attorney, the amounts calculated on the answer form from judgment debtor’s earnings as they accrue until one of the following first occurs: (1) the total earnings withheld equals the total balance due on the judgment, (2) the employment relationship is terminated, (3) the judgment is vacated, modified or satisfied in full, (4) the garnishment

summons is dismissed, or (5) 180 days have elapsed from the date of service of the garnishment summons. The garnishment summons shall continue in effect and shall apply to a pay period beginning before the end of the 180- day period even if the conclusion of the pay period extends beyond the 180-day period. This summons may also be suspended or modified for a specific period of time within the effective period of the garnishment by agreement of the parties in writing and filed with the clerk of the court. If the judgment debtor is already subject to a garnishment, this summons shall take effect immediately upon the conclusion of the prior garnishment, and shall be effective for its full period of time. Garnishee shall answer once to disclose the prior garnishment and shall not be required to answer again until this garnishment becomes effective.

Issued this		day of		,		, and shall be returned with proof of service within ten
(10) days of this date.

Court Clerk

By: Deputy

Judgment Creditor

Attorney

OBA #

Address

Phone

Officer’s Return

Received this writ on the

day of

, at

o’clock

m and

Executed the same in

County on the

day of

, at

o’clock

m by

Dated this

day of

Sheriff

Deputy

AOC Form 52b

Revised 8/05

(Please check

	IN THE DISTRICT COURT OF			Payne COUNTY, STATE OF OKLAHOMA
			)
Plaintiff		)
		)
	vs	)		Case No.
		)
			)
Defendant		)
		)
	and	)
		)
			)
Garnishee		)
		Continuing and Garnishee’s Answer/Affidavit
State of Oklahoma		)
County of			)	SS
I,			, being duly sworn deposes and says:

If Garnishee is an Individual:

That he is the garnishee herein. That he does business in the name of

If Garnishee is a Partnership:


That he is a member of	, a partnership composed
of garnishee and		.

If Garnishee is a Corporation:

That he is the

(official title) of

(garnishee) organization, organized under the laws of the state of

Garnishee, or

on behalf of garnishee, having been served with a

garnishment summons on the

day of

, and having knowledge of

the facts and being sworn, states:

1.At the time of the service of the garnishment summons, or upon the date it became

effective, the garnishee was not indebted to the judgment debtor for any amount of money nor did the garnishee have possession or control of any property, money, goods, chattels, credits, negotiable instruments or effects belonging to the judgment debtor or in which the judgment

debtor had an interest because the employee/individual/judgment debtor was:

appropriate response)

Not employed

Employed but not amounts due; specify reason:

Other; specify:

2.At the time of service of the garnishment summons or upon the date it became effective, the garnishee was indebted to the judgment debtor or had possession or control of the following property, money, goods, chattels, credits, negotiable instruments or effects belonging to the

judgment debtor as follows: (Please check appropriate response)

Earnings as shown on the attached Calculation for Garnishment of Earnings form which is incorporated by reference into this answer;

Other, specify:

3.Nothing has been withheld due, to a prior garnishment or continuing garnishment which will


	expire on			and is in Case Number		in the District
	Court of		County, Oklahoma.
4.	On	,			, the garnishee mailed a copy of the Notice of

Garnishment & Exemptions and Application for Hearing by first-class mail to the judgment debtor at:

Address

City

StateZip

Date Mailed

Or, hand delivered the same to judgment debtor at:

Judgment Debtor

Place

Note: This must be done during each pay period in which the garnishment is in effect.

5.The garnishee makes the following claim of exemption on the part of the judgment debtor, or has the following objections, defenses, or setoffs to judgment creditor’s right to apply garnishee’s indebtedness to judgment debtor upon judgment creditor’s claim:

Check here ( ) if additional pages are necessary.

By:

Date:

Title:

Subscribed and sworn to before me on this

day of

Notary Public

My Commission expires:

A continuing garnishment remains in effect until one of the following occurs: (1) the judgment is paid in full; (2) the employment relationship is terminated; (3) the judgment is vacated, modified or paid in full;

(4)garnishment action is dismissed; (5) the expiration of 180 days from the date of service of the summons. (If a pay period begins within 180 days but ends after the expiration, the pay period is subject to the garnishment).

AOC Form 54; Revised 8/05


	Calculation for Continuing Garnishment of Earnings
For the pay period in effect at the time of said service:
1.	(a) Enter the pay period of judgment debtor	1(a)
	(weekly, biweekly, semimonthly, monthly or other)
	If other, please describe:
	(b) Enter the date the judgment debtor’s present pay period	1	(b)
	began (present pay period means the pay period for which the
	calculation is made):
	(c) Enter the date the judgment debtor’s present pay period ends:	1	(c)
2.	(a) Enter the gross earnings for entire pay period:	2	(a)
	(b) Calculate deductions from said amount as required by law:	2	(b)
	(2(b) is the total of i, ii, and iii)
	i. Federal income tax withholding
	ii. FICA income tax withholding
	iii. State income tax withholding
	(c) Net earnings: 2(a) less 2(b):	2	(c)
3.	(a) If judgment debtor is subject to withholding for child support	3	(a)
	garnishment or income assignment, enter maximum allowable
	percentage (50%, 55%, 60%, 65%)
	(b) Enter actual percentage withheld:	3	(b)
	(c) Subtract 3(b) from 3(a) and enter percentage:	3	(c)
	(d) Enter the lesser of 25% or line 3(c) here (if no child support or	3	(d)
	Income assignment, enter 25%):
4.	Multiply the percentage in 3(d) times the net earnings in 2(c) and enter:	4.
5.	(a) Multiply and enter the present federal minimum wage as follows:	5	(a)
	Weekly or more often by 30;
	Biweekly by 60;
	Semimonthly by 65;
	Monthly by 130.
	For any other pay period, increase the multiple for a weekly pay
	period using the assumption that a month contains 4-1/3 weeks.
	(b) Subtract the amount on line 5(a) from the amount on line 2(c):	5	(b)

6.	Enter the smaller of the amounts entered on line 4 or 5(b). Pay this	6.
	amount to the attorney for judgment creditor, or judgment creditor
	if not represented by an attorney.

When completed, mail original answer to:		, District Court
Clerk,	County Court House in		County,
Oklahoma.

You must send your check for the amount garnished with a copy of your answer to the attorney for judgment creditor, or the judgment creditor if there is no attorney. (Check the appropriate response and show address used in the mailing):

Attorney for Judgment Creditor:

Judgment Creditor:

Revised 8/05

IN THE DISTRICT COURT OF		Payne COUNTY, STATE OF OKLAHOMA
	)
Plaintiff	)
	)
vs	)	Case No.
	)
	)
Defendant	)
	)
and	)
	)
	)
Garnishee	)

Claim for Exemption and Request for Hearing

1. Funds sought in garnishment are exempt from execution because they are (check applicable box):

A. Social Security benefits – 42 U.S.C. §407.

B. Supplemental security income – 42 U.S.C. §1383(d).

C. Unemployment benefits – 40 O.S. §2-303.

D. Workmen’s Compensation benefits – 85 O.S. §48.

E. Welfare benefits – 56 O.S. §173.

F. Veteran’s benefits – 38 U.S.C. §3101, 31 O.S. §7.

G. Monies in Possession of Police Pensions – 11 O.S. §50-124.

H. Monies in Possession of Fireman’s Relief & Pension Fund – 11 O.S. §49-126.

I. Monies in Possession of County Employees Retirement System – 19 O.S. §959.

J. Monies in Possession of Public Employees Retirement Fund – 74 O.S. §923.

K. Teacher’s Annuities or Retirement Allowance – 70 O.S. §17-109.

L. Annuities and pension payments under Railroad Retirement Act – 45 U.S.C. §231(m).

M. United States Civil Service Retirement and Disability Pension Fund Payments – 5 U.S.C. §8346.

N. United States Civil Service Survivor Annuities – 5 U.S.C. §8346.

O. Interest in Retirement, Pension, and Profit Sharing Plans – 60 O.S. §327, 60 O.S. §328.

P. The Wages of Seamen – 46 U.S.C. §601.

Q. Funds vested in the Alien Property Custodian – 50 U.S.C. Appx. §9(f).

R. Prepaid Burial Benefits – 36 O.S. §6125.

S. Proceeds of Group-Life Insurance Policy – 36 O.S. 3632, and 36 O.S. §4026.

T. Alimony, support, separate maintenance, or child support necessary for support of judgment debtor or dependent – 31 O.S. §1.1.

U. Personal wage exemption because of undue hardship – 31 O.S. §1.1.

V. Other (please state):

2.	Check one box:
		All funds are exempt, or,
		All funds are exempt, or,
		I believe the following amount of money is exempt: $


		(Fill in the amount of funds to be exempt).
3.	Check if applicable:
		I have attached copies of the documents that show that my money is exempt.


4.	If garnishment is for wages, this claim and request is filed for the pay period
			through	, inclusive.
5.	I request that this matter be set for hearing.

Signature

Address for mailing of Court Hearing Notice

		Address for mailing a copy of Claim to Judgment


You must mail the original to the Court Clerk of	Payne County at the following address:
606 South Husband, Room 206
Stillwater, Oklahoma 74074

AOC Form 22 Revised 8/05

FAQ

What is the Oklahoma 20 form?

The Oklahoma 20 form is a legal document used in garnishment proceedings in the state of Oklahoma. It serves as an affidavit for a judgment creditor to claim amounts owed by a judgment debtor, allowing for the garnishment of wages or other assets to satisfy a debt.

Who can file an Oklahoma 20 form?

The form can be filed by the judgment creditor or their attorney. This individual must be the one who holds the judgment against the debtor and is seeking to collect the owed amount through garnishment.

What information is required on the Oklahoma 20 form?

The form requires details such as the names of the parties involved, the case number, the amount owed, and whether the creditor is seeking a continuing garnishment. Additionally, the creditor must provide information about any property or earnings they believe the debtor has that can be garnished.

What is the difference between prejudgment and postjudgment garnishment?

Prejudgment garnishment occurs before a judgment is made, allowing creditors to secure assets while a case is pending. Postjudgment garnishment takes place after a judgment has been issued, enabling creditors to collect on the judgment amount that is owed.

How long does a garnishee have to respond to the Oklahoma 20 form?

A garnishee must respond within seven days after the end of the judgment debtor’s current pay period or within thirty days from the date the summons is served, whichever is earlier. This response informs the court whether the garnishee is indebted to the judgment debtor.

What happens if the garnishee fails to respond?

If the garnishee does not respond, they may be held liable for the amount owed to the judgment creditor. The court can issue a judgment against the garnishee for the total amount of the original judgment, along with any associated costs.

Can a garnishment be modified or suspended?

Yes, a garnishment can be modified or suspended for a specific period if both parties agree in writing. This agreement must be filed with the court clerk to be effective.

What are "earnings" in the context of garnishment?

In garnishment proceedings, "earnings" refer to any form of compensation paid to an individual. This includes salaries, commissions, and bonuses, but does not include reimbursements for travel expenses for state employees.

How long does a continuing garnishment last?

A continuing garnishment remains in effect until one of several conditions occurs: the total amount withheld equals the judgment balance, the employment is terminated, the judgment is satisfied or modified, the garnishment is dismissed, or 180 days pass from the service date of the summons.

What should a garnishee do if they are already garnishing the same debtor?

If a garnishee is already garnishing a debtor, the new garnishment will take effect immediately after the previous one concludes. The garnishee must inform the court of the prior garnishment in their response.

⇓ Oklahoma 20 PDF Form

Documents used along the form

When dealing with garnishment cases in Oklahoma, several important forms and documents often accompany the Oklahoma 20 form. Each of these documents plays a critical role in the garnishment process, ensuring that all parties involved are informed and that legal procedures are followed correctly.

Garnishment Affidavit: This document is used to declare the judgment creditor's claim against the judgment debtor. It provides details about the debt owed and asserts that the creditor believes the debtor has non-exempt property or income that can be garnished.
Continuing Postjudgment Earnings Garnishment Summons: This summons is issued to the garnishee, requiring them to answer whether they owe money to the judgment debtor. It instructs them to withhold a portion of the debtor's earnings and pay it to the creditor.
Garnishee’s Answer/Affidavit: This document is completed by the garnishee to confirm whether they owe any money to the judgment debtor. It provides a sworn statement regarding the garnishee's financial relationship with the debtor.
Notice of Garnishment and Exemptions: This notice informs the judgment debtor about the garnishment proceedings and outlines their rights, including any exemptions that may apply to their income or property.
Application for Hearing: If the judgment debtor believes the garnishment is improper or excessive, they can file this application to request a court hearing to contest the garnishment.
Proof of Service: This document verifies that the garnishment summons and other relevant documents were properly served to the garnishee or judgment debtor, ensuring that all parties have been notified.
Judgment Entry: This is the court's official record of the judgment against the debtor. It details the amount owed and serves as the basis for the garnishment action.
Motion to Vacate Garnishment: If the judgment debtor wishes to challenge the garnishment, this motion requests the court to cancel or modify the garnishment order.
Notice of Hearing: This document informs all parties of the date and time of any scheduled court hearings related to the garnishment, allowing them to prepare accordingly.
California Bill of Sale: This document is essential for recording the ownership transfer of personal property in California, ensuring a clear transaction record. For templates and further information, visit fastpdftemplates.com.
Financial Disclosure Statement: This form may be required from the judgment debtor, detailing their financial situation to assess their ability to pay the judgment.

Understanding these documents can help ensure that the garnishment process is handled smoothly and legally. Each form serves a specific purpose and contributes to the overall clarity and fairness of the proceedings.

Guide to Using Oklahoma 20

Filling out the Oklahoma 20 form involves providing specific information related to a garnishment case. After completing the form, it will need to be submitted to the court. The next steps will involve the court processing the form and notifying the relevant parties.

Begin by writing the court's name at the top of the form: "IN THE DISTRICT COURT OF Payne COUNTY, STATE OF OKLAHOMA."
Fill in the names of the plaintiff and defendant in the designated areas.
Enter the case number in the space provided. This number is usually assigned by the court clerk.
In the section labeled "Garnishment Affidavit," state your name as the Judgment Creditor or Plaintiff.
For prejudgment garnishment, indicate the name of the Judgment Debtor and the amount they owe on your original claim, excluding offsets.
If it is a postjudgment garnishment, provide the details of the debt, including interest, court costs, attorney fees, and the total garnishment amount.
Next, state the name of the person or entity you believe is indebted to the Judgment Debtor.
Check the box to indicate whether you are seeking a continuing garnishment.
Sign the form as the Judgment Creditor or Plaintiff or as their attorney, including your Oklahoma Bar Association number if applicable.
Have the form notarized by a notary public or court clerk, ensuring the date and seal are included.

Fill in a Valid Oklahoma 20 Template

Document Properties

Common mistakes

Popular PDF Documents

Misconceptions

Preview - Oklahoma 20 Form

FAQ

Documents used along the form

Guide to Using Oklahoma 20