This is an official form from the Oklahoma State Court Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by Oklahoma statutes and law.
This is an official form from the Oklahoma State Court Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by Oklahoma statutes and law.
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What Happens When a Garnishment Summons Is Served?In the case of a nonearnings garnishment, the garnishee must provide a written disclosure to the creditor within 20 days after service of the garnishment summons that identifies all indebtedness, money, or property that the garnishee owes to the debtor.
If money is being taken out of your paycheck or bank account, you may be able to ask the court to stop or lower the amount of the garnishment. Lawyers call this a "Request or Claim for Exemption" from garnishment. An "exemption" means you will not have to pay the money to the creditor.
If it's already started, you can try to challenge the judgment or negotiate with the creditor. But, they're in the driver's seat, and if they don't allow you to stop a garnishment by agreeing to make voluntary payments, you can't really force them to. You can, however, stop the garnishment by filing a bankruptcy case.
In Oklahoma, wage garnishments stay in force for the lesser of the following: (1) satisfaction of the debt, or (2) the lapse of 180 days (or about six months) from the date the garnishment process started. Some debtor employees are saddled with more than one garnishment order.
You can stop a garnishment by paying the debt in full. You can stop a wage garnishment by asking the court to order installment payments in your case. Read Getting an Installment Payment Plan to learn more. Objecting to a garnishment will stop it until the objection is decided.
Quitting your current job will not erase the debt it will only leave you without the money to pay it. Once you find another job, the creditor can file to have your wages garnished there. You're best off staying employed where you are.
With these changes, a garnishment that is issued will expire in six (6) months, and then a new garnishment will have to be issued. The old law forced Creditors to file a new garnishment every month for each Debtor.
If money is being taken out of your paycheck or bank account, you may be able to ask the court to stop or lower the amount of the garnishment. Lawyers call this a "Request or Claim for Exemption" from garnishment. An "exemption" means you will not have to pay the money to the creditor.