Oklahoma Form 20 at a glance
What it is: The Plaintiff swears or affirms the Garnishment Affidavit in the above-styled case, on page 1 (12 O.S. § 1172).
Notary: The Court Clerk or Notary Public enters My Commission Expires.
On page 1, the Plaintiff swears or affirms that I am the Plaintiff in the above-styled case.
A filled-in Oklahoma Form 20 example: a plaintiff fills the Garnishment Affidavit
How to fill out Oklahoma Form 20, box by box
County, Case No., Plaintiff and Defendant
Enter the County in the District Court of, the Plaintiff / Judgment Creditor, the Defendant / Judgment Debtor and the Case No.
Prejudgment Garnishment
On page 1, for Prejudgment Garnishment, enter the Defendant, who is indebted to the Plaintiff in the amount you enter on the Plaintiff's original claim, over and above all offsets.
Postjudgment Garnishment
For Postjudgment Garnishment, enter the Defendant, who is indebted to the Plaintiff as follows: Interest-bearing balance; Interest at ___% from ___ (date).
Then enter Court costs not included in interest-bearing balance, Attorney fees not included in interest-bearing balance, and the Total Garnishment amount.
The Garnishee
Enter the Garnishee, who you believe is indebted to the Defendant or has property within the Garnishee's possession or control belonging to the Defendant, which is not by law exempt from seizure or sale upon execution.
Subscribed and sworn to before me
Check one: I am, or I am not, seeking a continuing garnishment. Plaintiff, or Attorney for Plaintiff, signs. The Attorney for Plaintiff enters the Oklahoma Bar Association No. Subscribed and sworn to before me, the undersigned, this day of, 20 in the County of, State of.
Garnishee's calculation form, Available garnishment percentage
If Defendant is NOT subject to child support garnishment or income assignment, SKIP to line 3(d) and enter 25%. Otherwise, enter 25% here.
Enter the percentage of defendant's income being withheld for child support garnishment &/or income assignment.
Enter the lesser of 25% or line 3(c). If line 3(d) is -0-, skip to line 6 and enter -0- (there are no available funds for the plaintiff).
When completed, the Garnishee must mail each original answer and calculation form to the Clerk of the District Court, at the county courthouse where this matter is filed.
Garnishee, file an answer
To the Garnishee: You must file your answer with the Court Clerk in the county where this matter is filed.
You (Garnishee) are required to file an answer within seven (7) days after the end of the defendant's present pay period or thirty (30) days from the date of service of the summons, whichever is earlier, and after any payment by you to the defendant.
More rules for Oklahoma Form 20
To the Garnishee: You must withhold the required amount from the defendant's earnings and pay the required amount to the plaintiff's attorney, or the plaintiff if not represented by an attorney, unless otherwise ordered by the court.
To the Garnishee: You are required to continue to withhold and pay to the plaintiff's attorney, or the plaintiff if not represented by an attorney, the amounts calculated on each answer form from defendant's earnings as they accrue until one of the following first occurs: (1) the judgment is vacated, modified or satisfied in full, (2) the garnishment summons is dismissed, or (3) 180 days have elapsed from the date of service of the garnishment summons.
On the calculation form, which the Garnishee mails to the Clerk when completed, line 5(a): Multiply the present federal minimum hourly wage as follows for the defendant's pay period: Weekly by 30, Bi-weekly by 60, Semi-monthly by 65, Monthly by 130.
On the calculation form, which the Garnishee mails to the Clerk when completed, line 6, GARNISHMENT AMOUNT - Enter the lesser of line 4 or line 5(b). Pay this amount to the attorney for plaintiff, or to plaintiff if not represented by an attorney.
If you believe that you are entitled to an exemption, you must complete the steps and return the form to the Court Clerk within five (5) days from the date you received this notice.
If you believe that you are entitled to an exemption, you must also mail a copy of your Claim for Exemption and Request for Hearing to the judgment creditor's attorney.
If you believe that you are entitled to an exemption, on the Claim for Exemptions and Request for Hearing form, check one box: I claim that all funds are exempt, or, I claim that the following amount of money is exempt, and fill in the amount of funds claimed to be exempt.
Sources
[1] Oklahoma Form 20, Garnishment Affidavit (AOC Form, Revised 04/15/2019), Oklahoma Administrative Office of the Courts (the Official source link on this page).
