Oklahoma Summons Garnishment for Collection of Child Support

Summons
Garnishment for Collection of Child Support

In the District Court of County
State of Oklahoma

Summons
Garnishment for Collection of Child Support

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 ten (10) days from the date of service of this summons upon you, or if you are indebted for wages or earnings to answer from seven (7) days after the end of judgment debtor’s 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 indebted to, or have in your possession or under your control, any property belonging to such judgment debtor, and to file your answer with the clerk of this court, and at the time you file your answer, to deliver or mail a copy of your answer to the judgment creditor or judgment creditor’s attorney of record and to the judgment debtor unless the judgment debtor is otherwise given notice which may consist of a notation on the judgment debtor’s statement of earnings for salary or wages. If the garnishee is indebted to or holds property, salary or wages belonging to the 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 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 further ordered to withhold any such property or indebtedness belonging to such judgment debtor and to pay the same to the judgment creditor or attorney for the judgment creditor, unless otherwise ordered by the court, when you file your answer with the clerk. (Note to whom payment was made on your answer). The maximum part of the aggregate disposable earnings of any person for any work week which is subject to garnishment or income assignment for the support of a minor child shall not exceed:

1. Fifty percent (50%) of such person’s disposable earnings for that week. If such person is supporting his spouse or a dependant child other than the child with respect to whose support order is used, and,

2. Sixty percent (60%) of such person’s disposable earnings for that week if such person is not supporting a spouse or dependent child.

The fifty percent (50%) specified above in 1. shall be deemed to be fifty-five percent (55%) and the sixty percent (60%) specified above in 2. shall be deemed to be sixty-five percent (65%), if and to the extent that such earnings are subject to garnishment or income assignment to enforce a support order with respect to a period which is prior to the twelve-week period which ends with the beginning of such work week. The amount withheld may not exceed the amount by which the disposable earnings for the week exceed thirty times the federal minimum hourly wage prescribed by Section 6(a)(1) of the Fair Labor Standards Act of 1938, U.S.C. Title 29, Section 206(a)(1) as amended or the equivalent for pay periods other than a week. You are hereby directed to pay to the judgment creditor, or attorney for judgment creditor, unless otherwise ordered by the court, the amounts stated on this answer, when you file your answer with the clerk. (Note to whom payment was made on your answer). If you answer that you are indebted for property other than money, hold all such indebtedness until further order to this Court; 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 but not exceeding $ together with costs in the principal action and costs of the garnishment proceedings. If you hold earnings, the amount of the garnishment subject to 55% or 65% is $, and the amount of support subject to garnishment for less than 12 weeks is $ at percent (%). If the above percentage/amounts are not specified, this garnishment shall be considered a 50% maximum amount.

Issued this day of , 20 , and shall be returned with proof of service within ten (10) days of this date.

Officer’s Return

Received this writ on the day of , 20 , at o’clock by .

Dated this day of , 20 .

AOC Form 22a
Revised 8/05