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The Oklahoma 20 form is a crucial document used in the process of garnishment, which allows a creditor to intercept funds owed to a debtor by a third party, typically an employer. It includes two main components: the Garnishment Affidavit and the Continuing Garnishment Summons, designed for initiating and enforcing the garnishment of wages for the satisfaction of a debtor's obligation. Ready to start the garnishment process? Click the button below to fill out your Oklahoma 20 form.

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The Oklahoma 20 form, functioning within the framework of the state's judicial system, particularly in Payne County, plays a pivotal role in garnishment proceedings. This comprehensive document serves as a bridge between the judgment creditor (or plaintiff) and the garnishee, establishing legal grounds for withholding earnings or assets from the judgment debtor to satisfy a debt. It carefully delineates the procedures for initiating both prejudgment and postjudgment garnishment, outlining the obligations of the garnishee—who may be an employer or entity owing money to the debtor—and the process for a continuing garnishment. With the primary objective of ensuring the creditor's ability to recover amounts owed, the form necessitates detailed inputs from the participating parties, including the affidavit of the creditor stating the outstanding debt amount, the summons to the garnishee, and the garnishee’s subsequent answer. This mechanism not only facilitates the recovery of debts through wage garnishment but also encompasses provisions for notifying the judgment debtor, hence balancing the scales of justice by acknowledging the rights of all parties involved. Reflecting an intricate blend of legal precision and procedural rigor, the Oklahoma 20 form encapsulates the essence of garnishment law in Oklahoma, complete with the nuances of enforcement and compliance under the prevailing statutes.

Sample - 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

▼ PDF

Document Information

Fact Number	Detail
1	The Oklahoma 20 form is used for garnishment proceedings in the District Court of Payne County, Oklahoma.
2	Garnishment can be requested for both prejudgment and postjudgment situations as stated in the form content.
3	The form requires a detailed affidavit from the plaintiff or judgment creditor outlining the debt and the debtor's assets.
4	It allows for continuing garnishment of earnings, a process directed at an employer to withhold a debtor's wages.
5	Governing law for this form and procedure is provided by 12 O.S. Supp. 2004 § 1172.
6	The garnishee (employer or holder of debtor's property) is required to answer within specific time frames mentioned in the form - either seven days after the judgment debtor’s pay period ends or within thirty days from the date of service.
7	A continuing postjudgment earnings garnishment summons requires the garnishee to withhold and pay amounts from the debtor's earnings to the creditor or creditor's attorney.
8	The form demands that a copy of the garnishment notice, along with exemptions and an application for a hearing, be provided to the debtor.
9	If the garnishment is not satisfied within 180 days or upon meeting certain criteria (like termination of employment), it can be terminated or modified.
10	The form also includes provisions in case the garnishee already has an active garnishment summons for the debtor, detailing how the new summons takes effect.

Guide to Filling Out Oklahoma 20

Filling out the Oklahoma 20 form, specifically designed for the process of garnishment, is a crucial step for creditors seeking to claim debts owed by a debtor through the debtor's assets or wages. This process allows a creditor to intercept funds that are due to the debtor, such as wages or other earnings, to satisfy an outstanding judgment. To ensure the form is completed correctly, follow the steps below carefully. These steps will guide you through filling out both sections of the form: the Garnishment Affidavit and the Continuing Postjudgment Earnings Garnishment Summons.

Begin by stating the county (Payne County) and state (Oklahoma) at the top of the form.
Enter the full names of the plaintiff and defendant(s) as they appear in the case file within the designated spaces.
For the case number, leave blank if not known; the Court Clerk will fill this in.
In the "Garnishment Affidavit" section, write your name (as the Judgment Creditor or Plaintiff) where prompted.
If applicable, specify details for "Prejudgment Garnishment," including the defendant's indebtedness amount and your original claim.
For "Postjudgment Garnishment," enter the additional debts owed by the defendant, including interest-bearing balance, interest rate, and any associated costs not covered by the interest-bearing balance.
Indicate whether you are seeking a continuing garnishment by checking the appropriate option.
Sign and date the Garnishment Affidiff, and fill in your Oklahoma Bar Association Number if applicable. A Court Clerk or Notary Public must witness this.
In the "Continuing Postjudgment Earnings Garnishment Summons" section, fill in the judgment debtor's name and address, if known.
Specify the amount the garnishee must withhold from the debtor’s earnings, as calculated according to the instructions given in the summons.
Provide your contact information as the judgment creditor, including your name, address, and phone number, at the end of the document.
Lastly, if available, fill in details about the garnishee – whether an individual, partnership, or corporation – including their address at the time of garnishment summons service.

After you've completed the form, make sure to file it with the district court in Payne County, Oklahoma, and serve a copy to the garnishee and the defendant as required by law. The court will then review the affidavit and, if everything is in order, will issue a garnishment against the defendant's assets or wages as specified in your filing. This legal process enables you to reclaim the debt owed to you in a systematic and lawful manner.

Get Clarifications on Oklahoma 20

What is the Oklahoma 20 form?

The Oklahoma 20 form encompasses both a Garnishment Affidavit and a Continuing Postjudgment Earnings Garnishment Summons. It is used in the State of Oklahoma to enable a judgment creditor to claim wages or assets held by a third party (the garnishee) that are due to the judgment debtor. The affidavit outlines the creditor's claim and the amount owed, while the summons instructs the garnishee on how to proceed with withholding and remitting the debtor's earnings or assets as payment toward the debt.
Who can file an Oklahoma 20 form?

Persons or entities that have obtained a judgment in court indicating that another party (the judgment debtor) owes them money can file the Oklahoma 20 form. This includes individuals, businesses, or legal representatives who wish to pursue the collection of said debt through the garnishment process. The filing party must be the original judgment creditor or their authorized attorney.
Where should the Oklahoma 20 form be filed?

The form must be filed in the district court of the county where the judgment was originally entered. In the context provided, this would be the Payne County District Court. It is crucial that the case number associated with the original judgment is accurately provided on the form to ensure proper processing.
What information is needed to complete the Oklahoma 20 form?

Completing the form requires detailed information including: the identity and contact information of the judgment creditor, the exact amount owed by the judgment debtor both at the time of judgment and currently (with added interest, court costs, and attorney fees, if applicable), and the name and address of the garnishee. For earnings garnishment, the judgment creditor must also decide whether the garnishment will be continuing or not.
What is a continuing postjudgment garnishment?

A continuing postjudgment garnishment relates to the debtor's earnings and is an ongoing process, meaning it automatically renews each pay period until the debt is satisfied or until a period of 180 days has passed. It allows the judgment creditor to garnish a portion of the debtor's wages directly from the employer (garnishee) over time, ensuring a systematic repayment method.
What actions must the garnishee take upon being served?

Upon being served with the Oklahoma 20 form, the garnishee must, within a specified timeframe, respond to the court with an acknowledgment of the garnishment and confirm whether they hold assets or owe wages to the debtor. They are required to withhold the specified amount from the debtor’s earnings and send this to the judgment creditor. Additionally, the garnishee must provide the debtor with a notice of garnishment and exemptions, alongside an application for hearing if the debtor wishes to challenge the garnishment.
What happens if the garnishee fails to comply with the garnishment order?

Failure by the garnishee to comply with the instructions detailed in the garnishment order can result in legal consequences. This may include the court ordering the garnishee to pay the full amount they were supposed to withhold from the debtor’s earnings. Further legal action can also be taken against the garnishee for non-compliance with the court’s orders.
How can a judgment debtor challenge a garnishment?

The judgment debtor has the right to challenge the garnishment by filing an application for a hearing. This must be done within a certain timeframe after receiving notice of the garnishment. During the hearing, the debtor can present evidence and arguments as to why the garnishment should be modified or dissolved. Possible grounds include claiming exemptions provided by law or disputing the validity of the debtor-creditor relationship or the amount owed.

Common mistakes

Filling out legal forms accurately is crucial, but mistakes can happen, especially with complex documents like the Oklahoma 20 Form. Here are seven common errors to watch out for:

Incorrect Case Number: One of the most common mistakes is not matching the case number exactly as it appears on other court documents. This can lead to processing delays or the form being returned.
Not Specifying the Type of Garnishment: The form requires you to indicate whether it's for Prejudgment Garnishment or Postjudgment Garnishment. Failing to check the appropriate box can invalidate your submission.
Miscalculating the Garnishment Amount: Accurately reporting financial amounts, including the original claim, interest-bearing balance, and total garnishment amount, is crucial. Errors here can affect the garnishment's legal standing.
Incorrect Garnishee Information: Providing incomplete or incorrect information about the garnishee (the party holding the debtor's assets) can lead to unsuccessful garnishment efforts.
Overlooking the Continuing Garnishment Option: For ongoing income sources, it’s necessary to specify if you're seeking a continuing garnishment. Missing this detail could lead to short-term garnishments that miss additional funds.
Not Updating Contact Information: Both the plaintiff and defendant's current addresses need to be accurate. Outdated information can result in important notices not being received.
Signature and Notarization Oversights: The form must be signed by the plaintiff or their attorney and notarized. Skipping these steps will make the garnishment affidavit unenforceable.

To ensure the process moves forward without hitch, always review your form carefully before submission, double-checking for these common errors.

Documents used along the form

Engaging with the intricacies of legal documentation in Oklahoma, especially when dealing with garnishment cases, necessitates understanding the web of required forms and documents that complement the filing process. Beyond the Oklahoma 20 form, which includes the Garnishment Affidavit and Continuing Postjudgment Earnings Garnishment Summons, navigators of this legal journey must acquaint themselves with several additional forms. These documents are fundamental in ensuring that the garnishment process proceeds efficiently, complying meticulously with Oklahoma's legal statutes.

Notice of Garnishment and Exemptions: This document notifies the judgment debtor that their wages are being garnished. It outlines the exemptions the debtor is entitled to under state law, providing vital information on how to claim these exemptions.
Application for Hearing: If the judgment debtor believes the garnishment is in error or wishes to claim exemptions, this form is used to request a court hearing. It is a direct channel for debtors to contest garnishment or assert their rights.
Garnishee’s Answer: Filed by the garnishee (often the employer), this document provides the court with information about the debtor's employment and earnings. It plays a crucial role in determining the garnishment's feasibility and the amount that can lawfully be withheld from the debtor's wages.
Claim for Exemption and Request for Hearing: Enables the judgment debtor to outline their financial exemptions based on state law and request a hearing to prevent or adjust the garnishment.
Writ of Execution: This court order authorizes the seizure of the debtor's non-wage property to satisfy a judgment. It is employed when garnishment of wages is insufficient to fulfill the debt.
Writ of Non-Wage Garnishment: Targets the debtor’s bank accounts or other non-wage assets. This form is critical for creditors seeking to collect from sources beyond the debtor's income.
Judgment and Sentence: In cases where judgment has been passed, this document details the court's decision, including any monetary judgments against the debtor.
Release of Garnishment: Filed when a debt is satisfied or an agreement is reached, this form ceases the garnishment process, releasing the debtor from further obligations under the specific garnishment order.
Settlement Agreement: While not always a requirement, a settlement agreement between the creditor and debtor can preempt garnishment, detailing agreed-upon terms for debt repayment outside of court enforcement.

Navigators of Oklahoma's garnishment procedures must diligently collect, understand, and manage a suite of documents beyond just the Oklahoma 20 form. Each serves its own purpose, guiding plaintiffs, defendants, and garnishees through the legal maze of debt repayment and rights protection. Remember, while this plethora of documents might seem daunting, they are the keystones that ensure fairness, legality, and efficiency in the often complex garnishment process.

Similar forms

The Oklahoma 20 form shares similarities with other legal documents used in the process of debt recovery and enforcement of judgments. One such document is the Writ of Garnishment. Like the Oklahoma 20 form, a Writ of Garnishment is issued by a court, directing a third party to seize or withhold assets belonging to a debtor. Both are tools for creditors to ensure the recovery of unpaid debts by targeting the debtor's assets, whether those are wages, bank accounts or other properties not exempt by law.

Another document similar to the Oklahoma 20 form is the Notice of Levy. This document serves as notification from a creditor or a government agency that assets are being legally seized to satisfy a debt. Both the Notice of Levy and the Oklahoma 20 form involve a legal process where a debtor’s assets are targeted to pay off outstanding debts, albeit through slightly different legal mechanisms.

The Earnings Withholding Order for Taxes is also related to the Oklahoma 20 form in purpose and function. Such an order mandates an employer to withhold a portion of an individual's earnings for the repayment of tax debts. Similar to the Oklahoma 20, which can facilitate the garnishment of wages for the satisfaction of a judgment, both documents use garnishment as a means to secure debt repayment from an individual’s earnings.

The Child Support Garnishment Order is another document that parallels the Oklahoma 20 form. It specifically targets garnishment for the purpose of securing child support payments. While the Oklahoma 20 form can be used for various types of debts, both documents are legal mechanisms that ensure the financial responsibilities of an individual are met by garnishing wages or assets.

Bank Levy documents are also akin to the Oklahoma 20 form. A Bank Levy allows a creditor to legally seize funds directly from a debtor's bank account to satisfy an outstanding debt. While the Oklahoma 20 primarily targets garnishment of earnings and properties, both documents enable creditors to attach a debtor’s assets held in financial institutions.

Last, the Ignition Interlock Device Requirement Notice, although not directly related to debt collection, shares a conceptual similarity with the Oklahoma 20 form in terms of enforcing a court's ruling. This notice requires the installation of an ignition interlock device on the vehicle of a person convicted of certain offenses, similar to how the Oklahoma 20 form enforces a monetary judgment through garnishment of assets.

Dos and Don'ts

When completing the Oklahoma 20 form for either Prejudgment Garnishment or Continuing Postjudgment Earnings Garnishment, it is imperative to ensure accuracy and compliance with the legal requirements. To assist in this process, here is a combined list of what you should and shouldn't do:

Do thoroughly review the instructions before you begin filling out the form to ensure you understand all requirements.
Don't leave any required fields blank. If a section does not apply, indicate this with "N/A" (not applicable) or "0" if it's asking for a numerical value.
Do verify all the information regarding the judgment debtor, including the full legal name, address, and the exact amount owed.
Don't guess or approximate amounts; use precise figures for debts, interest rates, and other financial information to ensure the garnishment calculation is accurate.
Do choose the correct garnishment type—Prejudgment or Postjudgment—as they require different sets of information.
Don't forget to sign and date the form. An unsigned form is invalid and will not be processed by the court.
Do make a copy of the completed form for your records before submitting it to the court clerk.
Don't ignore the privacy implications. Avoid sharing sensitive information unnecessarily, especially when communicating via non-secure methods.

Ensuring that the Oklahoma 20 form is filled out correctly and completely is essential for the garnishment process to proceed smoothly. Pay careful attention to detail and follow these guidelines to avoid delays or legal complications.

Misconceptions

There are several common misconceptions regarding the Oklahoma 20 form used for garnishment proceedings. Here are eight notable misunderstands and clarifications to help dispel these inaccuracies:

Only Employers Receive Garnishment Summons: It's a misconception that garnishment notices are only sent to employers. In truth, other entities or individuals who owe money to the debtor can also receive a garnishment summons.

Garnishment Applies to All Earnings: Many assume that all types of earnings can be garnished. However, certain types of income, such as some forms of government benefits, are exempt from garnishment.

Debtors Get No Notice: A common misunderstanding is that debtors are not notified about the garnishment. In reality, garnishees are required to mail or hand-deliver a copy of the notice of garnishment and exemptions, and the application for hearing, to the debtor.

Unlimited Amounts Can Be Garnished: There's a belief that creditors can garnish any amount they choose. However, federal and state laws limit the percentage of disposable income that can be garnished.

Entities Can Withhold and Remit Any Amount: Similar to the above, some think garnishees can withhold and remit arbitrary amounts. The law specifies maximum amounts and provides calculation methods to prevent excess garnishment.

Garnishments Are Permanent: Many believe once a garnishment order is in place, it lasts indefinitely. Garnishments, especially for wage garnishments in Oklahoma, are subject to specific timeframes or until the debt is satisfied.

Immediate Garnishment Upon Receipt: There's a misconception that garnishees must start withholding immediately upon receiving the summons. There are specific time frames given for when to start withholding from earnings.

All Debts Are Eligible for Garnishment: Some think that any debt can result in garnishment. Not all debts qualify for such proceedings; typically, garnishments result from judgments pertaining to unpaid debts, child support, taxes, and student loans.

Understanding these misinterpretations helps both creditors and debtors navigate the complexities of garnishment procedures in Oklahoma more effectively, ensuring rights and obligations are clearly understood and properly executed.

Key takeaways

Filling out the Oklahoma 20 form begins with identifying whether you're proceeding with a prejudgment or postjudgment garnishment. This distinction is crucial as it dictates the information and next steps required on the form.

For anyone pursuing garnishment, stating your relationship to the case—as the Judgment Creditor or Plaintiff—is mandatory. This establishes your legal standing to request garnishment proceedings against the defendant or debtor.

A detailed enumeration of the debts owed by the defendant, including principal amounts, interest rates, attorney fees, and court costs, is required. Accuracy here ensures the garnishment covers the entire amount you're legally entitled to recover.

Having a valid belief that the defendant holds assets or funds not exempt from garnishment by law is necessary to proceed. You must affirm this belief based on reasonable grounds to justify the garnishment action.

Specifying whether you seek a continuing garnishment is critical. This determines how the garnishee will process the garnishment over time, impacting the duration and method of withholding from the defendant's assets or earnings.

Following the completion of the affidavit, a notary public or court clerk must witness your signature, affirming the truthfulness and accuracy of the information provided. This step legalizes the document for court proceedings.

The garnishment summons issued to the garnishee, usually the debtor’s employer or holder of their assets, instructs them on the legal requirement to withhold and remit specified funds. The garnishee's compliance is crucial for the garnishment to be effective.

Notification of the garnishment and rights to exemptions must be provided to the judgment debtor. This is typically done via first-class mail or direct delivery. It ensures the debtor is informed of the garnishment and understands their rights under the law.

Garnishees must respond within specific timeframes, detailing their relationship with the debtor and any funds available for garnishment. This response is crucial for the judgment creditor to understand how and when they will receive the garnished funds.

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