Fill and Sign the Love Beal Ampamp Nixon Pc V Best Buy Co Case No Casetext Form

IN THE DISTRICT COURT OF COUNTY, STATE OF OKLAHOMA ) Plaintiff,) ) - vs - ) ) ) Defendant,) ) AND )No. ) ) ) ) ) ) Garnishee,)NONCONTINUING 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 period 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 further 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, unless otherwise ordered by the court. 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 the garnishee is indebted to or holds earnings 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. The amount withheld is also subject to prior income assignment or garnishment for child support.You are hereby directed to pay with your answer the amount 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 proceeding. Issued this day of , 20 , and shall be returned with proof of service within ten (10) days of this date. , Court ClerkBY DEPUTY Judgment Creditor Attorney Address Phone OFFICER'S RETURN Received this writ on the day of , 20 , at o'clock. .M. and executed the same in County, on the day of , 20 , at o'clock .M. by . Dated this day of , 20 Sheriff Deputy IN THE DISTRICT COURT OF COUNTY, STATE OF OKLAHOMA ) Plaintiff, ) - vs - ) ) ) Defendant,) ) AND )No. ) ) ) ) ) ) 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, if the judgment debtor does not have regular pay periods, after any payment to the judgment debtor, 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 periods for which this summons is effective, and pay the required amount to the attorney for the judgment creditor, or 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 to the 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 expenses for state employees. If the garnishee is indebted to, or holds earnings 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 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 judgment debtor which has a present balance of $ , together with costs in the principal action and costs of the garnishment proceeding. 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 , 20 , and shall be returned with proof of service within ten (10) days of this date. , Court ClerkBY DEPUTY Judgment Creditor Attorney Address Phone OFFICER'S RETURN Received this writ on the day of , 20 , at o'clock. .M. and executed the same in County, on the day of , 20 , at o'clock .M. by . Dated this day of , 20 Sheriff Deputy IN THE DISTRICT COURT OF COUNTY, STATE OF OKLAHOMA ) Plaintiff,) ) - vs - ) ) ) Defendant,) ) AND )No. ) ) ) ) ) ) Garnishee,) 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; and2. 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 an 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 2038, 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 the 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 of 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. , Court ClerkBY DEPUTY OFFICER'S RETURN Received this writ on the day of , 20 , at o'clock. .M. and executed the same in County, on the day of , 20 , at o'clock .M. by Judgment creditor Dated this day of , 20 Attorney SheriffAddress DeputyPhone