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The Oklahoma 20 form plays a crucial role in the garnishment process, allowing creditors to collect debts owed to them by judgment debtors. This form is primarily utilized in the District Court of Payne County, Oklahoma, and it serves as a formal request for garnishment. It outlines the necessary information that a judgment creditor must provide, including the amount owed by the judgment debtor and the basis for the claim. The form distinguishes between prejudgment and postjudgment garnishments, specifying the different financial details that need to be included for each type. For instance, in a postjudgment scenario, the creditor must detail not only the principal amount owed but also any interest, court costs, and attorney fees. Additionally, the form requires the creditor to affirm their belief that the judgment debtor has property or earnings that can be garnished. The garnishment summons, attached to the form, notifies the garnishee—typically the debtor's employer—of their obligation to withhold a specified amount from the debtor's earnings. This process is designed to ensure that creditors can recover debts while also providing protections for debtors, such as exemptions for certain types of income. Understanding the Oklahoma 20 form is essential for both creditors seeking to enforce their rights and for garnishees who must comply with the legal requirements set forth in the summons.

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Important Questions on Oklahoma 20

What is the Oklahoma 20 form used for?

The Oklahoma 20 form is primarily utilized for garnishment proceedings in the state of Oklahoma. It allows a judgment creditor to formally request the court to garnish the earnings or property of a judgment debtor. This form can be used for both prejudgment and postjudgment garnishments, depending on the circumstances surrounding the debt. By filing this form, the creditor seeks to recover amounts owed by the debtor through the garnishment of wages or other assets.

Who can file an Oklahoma 20 form?

Only a judgment creditor or their attorney can file the Oklahoma 20 form. This individual must have already obtained a judgment against the debtor in a court of law. The form requires the creditor to provide specific details about the debt, including the amount owed and any applicable interest or fees. It is essential that the creditor has the necessary legal standing to initiate garnishment proceedings.

What information is required on the Oklahoma 20 form?

The Oklahoma 20 form requires several pieces of information. The creditor must state their name and the name of the judgment debtor. They must specify the amount of the original claim, any interest accrued, court costs, and attorney fees. Additionally, the form asks whether the creditor is seeking a continuing garnishment, which would allow for ongoing deductions from the debtor's earnings until the debt is fully satisfied. Accurate and complete information is crucial to ensure the garnishment process proceeds smoothly.

What happens after the Oklahoma 20 form is filed?

Once the Oklahoma 20 form is filed with the court, a garnishment summons is issued to the garnishee, who is typically the debtor's employer or financial institution. The garnishee is then required to respond within a specified timeframe, indicating whether they hold any funds or property belonging to the debtor. If the garnishee confirms that they do owe money to the debtor, they must withhold the appropriate amount from the debtor’s earnings and pay it to the creditor. This process continues until the debt is resolved or the garnishment is lifted by the court.

Can a debtor contest a garnishment initiated by the Oklahoma 20 form?

Yes, a debtor has the right to contest a garnishment. If a debtor believes that the garnishment is unjust or that the amount being withheld is incorrect, they can file a motion with the court to challenge the garnishment. The court may then schedule a hearing to review the debtor's claims. It is important for debtors to respond promptly to any garnishment notices and to seek legal advice if they wish to contest the proceedings.

How to Write Oklahoma 20

Filling out the Oklahoma 20 form requires careful attention to detail. This form is essential in the garnishment process, and completing it accurately is crucial for ensuring that the necessary actions are taken regarding the judgment debtor's earnings or property. Follow the steps below to fill out the form correctly.

  1. Begin by entering the name of the Plaintiff at the top of the form.
  2. Provide the Case Number, which will be assigned by the Court Clerk.
  3. List the name of the Defendant(s) in the appropriate section.
  4. In the section titled "Garnishment Affidavit," state your name as the Judgment Creditor or Plaintiff.
  5. For Prejudgment Garnishment, fill in the name of the Judgment Debtor and the amount they owe you on your original claim, excluding offsets.
  6. If you are completing the form for Postjudgment Garnishment, provide the following details:
    • Name of the Judgment Debtor.
    • Interest-bearing balance.
    • Interest amount and the percentage rate from the specified date.
    • Any court costs not included in the interest-bearing balance.
    • Any attorney fees not included in the interest-bearing balance.
    • Total Garnishment amount.
  7. Indicate whether you believe the Judgment Debtor has property or earnings that are not exempt from seizure.
  8. Check the appropriate box to indicate if you are seeking a continuing garnishment.
  9. Sign and date the form in the designated area. Include your title if applicable.
  10. Have the Court Clerk or Notary Public sign and seal the document.

Similar forms

The Oklahoma 20 form shares similarities with the Affidavit of Service, which is a document used to confirm that legal papers have been delivered to the relevant parties. Like the Oklahoma 20, the Affidavit of Service requires a sworn statement from the individual who served the documents. This affidavit includes details about the time, date, and manner of service, ensuring that all parties are informed of the proceedings. Both documents serve as crucial evidence in court, establishing that due process has been followed in notifying the parties involved.

Another document akin to the Oklahoma 20 is the Judgment Lien Statement. This statement is filed to create a lien against a debtor's property following a court judgment. Similar to the garnishment process outlined in the Oklahoma 20, the Judgment Lien Statement involves asserting a creditor's right to collect debts owed. Both documents are instrumental in enforcing a judgment and provide a formal record of the creditor's claim against the debtor's assets.

The Wage Garnishment Order is also comparable to the Oklahoma 20 form. This order directs an employer to withhold a portion of an employee's earnings to satisfy a debt. Like the Oklahoma 20, the Wage Garnishment Order requires specific details about the debtor and the amount owed. Both documents aim to ensure that creditors receive payments while also protecting the debtor's rights, including exemptions that may apply to their earnings.

Additionally, the Notice of Garnishment is similar in function to the Oklahoma 20 form. This notice informs a debtor that their wages or assets are being garnished to satisfy a debt. Both documents are necessary for compliance with legal requirements, ensuring that the debtor is aware of the garnishment and has an opportunity to respond or contest it. The Notice of Garnishment and the Oklahoma 20 both serve as essential tools for creditors to collect debts while maintaining transparency in the process.

The Exemption Claim Form also parallels the Oklahoma 20 form in that it allows debtors to assert their rights regarding what assets are exempt from garnishment. When a debtor believes certain property should not be subject to seizure, they can use this form to request that the court recognize those exemptions. Both documents facilitate communication between the debtor and creditor, ensuring that the legal process respects the debtor's rights while allowing creditors to pursue their claims.

Another related document is the Motion to Quash Garnishment. This motion allows a debtor to challenge the garnishment itself, similar to how the Oklahoma 20 initiates the garnishment process. The Motion to Quash must be filed with the court, and it typically includes reasons why the garnishment should not proceed. Both documents are integral to the legal framework surrounding garnishment, providing a mechanism for debtors to defend against claims made by creditors.

The Garnishment Answer Form is closely related to the Oklahoma 20 form as well. This form is completed by the garnishee (usually the employer) to respond to the garnishment summons. It outlines whether the garnishee holds any funds or property belonging to the debtor. Just like the Oklahoma 20, the Garnishment Answer Form is essential for determining the extent of the debtor's liabilities and ensuring that the garnishment is executed properly.

Similar to the Oklahoma 20 form is the Application for Writ of Garnishment. This application is filed by a creditor seeking a court order to garnish a debtor's wages or bank accounts. Both documents require specific information about the debtor and the amount owed, and both initiate the legal process for garnishment. The Application for Writ of Garnishment establishes the foundation for the creditor's claim, while the Oklahoma 20 serves as the formal request to the court for enforcement.

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Finally, the Court Order for Garnishment is another document that resembles the Oklahoma 20 form. This order is issued by the court to authorize the garnishment of a debtor's wages or assets. Both the Court Order for Garnishment and the Oklahoma 20 contain essential details about the judgment, the parties involved, and the amounts to be garnished. They both play critical roles in ensuring that the garnishment process adheres to legal standards and protects the rights of all parties involved.

Example - 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

 

)

I,

 

, 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,

 

 

 

 

 

 

 

 

 

 

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

Documents used along the form

The Oklahoma 20 form is a crucial document in the garnishment process, particularly in the context of collecting debts. However, it is often accompanied by other essential forms and documents that facilitate the legal proceedings involved. Understanding these additional documents can provide clarity and streamline the process for all parties involved.

  • Garnishment Affidavit: This document is filed by the judgment creditor to declare the amount owed by the judgment debtor. It details the nature of the debt, including any interest and additional costs. This affidavit serves as the foundation for initiating garnishment proceedings.
  • Continuing Postjudgment Earnings Garnishment Summons: Issued to the garnishee (typically the debtor’s employer), this summons instructs them to withhold a portion of the debtor's earnings. It outlines the garnishee's responsibilities and the timeline for compliance, ensuring that the creditor receives the owed amounts directly from the debtor's paycheck.
  • Garnishee’s Answer/Affidavit: This document is completed by the garnishee in response to the garnishment summons. It confirms whether the garnishee is indebted to the judgment debtor or holds any of their property. This answer is critical for determining the next steps in the garnishment process.
  • Trailer Bill of Sale Form: This crucial document serves as a legal contract in the sale and transfer of trailer ownership, ensuring that the transaction is officially recognized. For more information, visit UsaLawDocs.com.
  • Notice of Garnishment and Exemptions: This notice is sent to the judgment debtor by the garnishee. It informs them about the garnishment action and outlines their rights, including any exemptions that may apply. This document is essential for ensuring that the debtor is aware of the proceedings and can take appropriate action if necessary.

In conclusion, each of these documents plays a vital role in the garnishment process in Oklahoma. They not only ensure that the legal requirements are met but also protect the rights of all parties involved. Familiarity with these forms can enhance understanding and facilitate smoother proceedings in debt recovery situations.

Key takeaways

Filling out and using the Oklahoma 20 form involves several important considerations. Here are key takeaways to keep in mind:

  • Understand the Purpose: The Oklahoma 20 form is primarily used for garnishment proceedings, allowing a creditor to collect debts owed by a judgment debtor.
  • Identify the Parties: Clearly state the names of the plaintiff (creditor) and defendant (debtor) at the beginning of the form. This ensures that the court has accurate information.
  • Specify the Amount Owed: When filling out the form, indicate the exact amount of debt owed by the judgment debtor. This includes principal amounts, interest, and any applicable court costs.
  • Check for Exemptions: Be aware that certain types of income may be exempt from garnishment. Understanding these exemptions can help avoid complications.
  • Complete the Affidavit: The form requires a sworn affidavit. Ensure that it is signed and dated correctly to validate the garnishment request.
  • Timely Responses Required: The garnishee must respond to the summons within a specified time frame, typically within seven days after the end of the judgment debtor’s pay period.
  • Continuing Garnishment: If seeking a continuing garnishment, indicate this clearly on the form. This allows for ongoing deductions from the debtor's earnings until the debt is satisfied.

By following these key points, individuals can navigate the process of using the Oklahoma 20 form more effectively.

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