§ Rule 22 Garnishee summons

Codes > Oklahoma Statutes > Title 12 > Chapter 2-Appendix > Rule 22

Rule 22. Garnishee summons

    The issuing authority for a Garnishee Summons shall be determined as follows:

    Prejudgment Garnishment

    The judge shall be the issuing authority when:

    1. Plaintiff prevails at a hearing on defendant's written objection to Notice of Issuance of Garnishee Summons. 12 O.S.1981 §§ 1172.1(A)(3) and 1173.

    2. The court determines the defendant cannot be given Notice of Issuance of Garnishee Summons and the plaintiff proves the probable merits of his cause and the truth of his Affidavit's  Assertions. 12 O.S.1981 §§ 1172.1(b) and 1173.

    The court clerk shall be the issuing authority when:

    1. The defendant, who was served with notice, files no written objection to Issuance of Garnishee Summons. 12 O.S.1981 § 1172.1(A)(2).

    Postjudgment Garnishment

    The court clerk shall be the issuing authority in all instances as no hearing is contemplated. 12 O.S.1981 § 28.