McDonough v. Smith

Non-Continuing and General Garnishee’s Answer/Affidavit

In the District Court of County

State of Oklahoma

Non–Continuing and General 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 , a

corporation, 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 , 20, 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: (Please check appropriate response)

Not employed

Employed but no 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 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 , 20, 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 State Zip

Date Mailed

Or, hand delivered the same to judgment debtor at:

Judgment Debtor

Place

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.

Subscribed and sworn to before me on this day of , 20.

Notary Public

My commission expires:

Calculation for Non-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)

If other, please describe:

(b) Enter the date the judgment debtor’s present pay period began 1(b)

(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 garnishment or income assignment, enter maximum allowable percentage (50%, 55%, 60% 65%) 3(a)

(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 income assignment, enter 25%): 3(d)

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 amount to the attorney for judgment creditor, or judgment creditor if not represented by an attorney. 6.

When completed, mail original answer to: , District Court Clerk, County Court House in County, Oklahoma.

Please Note: 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 one box and show the address used in the mailing):

Attorney for Judgment Creditor:

Judgment Creditor:

Revised 8/05