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Official Oklahoma 20 Form

The Oklahoma 20 form is a critical document employed in the district courts of Payne County, Oklahoma, for initiating garnishment proceedings against a defendant, either before or after a judgment has been made. Tailored for use by plaintiffs or judgment creditors, this form serves as an affidavit for garnishment affidavits and summons, detailing the debtor's financial obligations and the creditor's entitlement. Ready to secure your financial rights? Simplify the process by clicking the button below to fill out your Oklahoma 20 form.

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Outline

In the heart of Oklahoma's legal landscape, the Oklahoma 20 form serves as a pivotal document within Payne County's District Courts. This form encapsulates the procedural essence for initiating garnishment actions, a legal mechanism allowing creditors to intercept funds owed to them by debtors through third parties. The intricacies of this form cover a broad spectrum of situations, from prejudgment and postjudgment garnishments to specifics surrounding continuing garnishments against an individual's earnings. Embedded in the Oklahoma 20 form are affidavits and summons, meticulously drafted to ensure creditors navigate through the legal requirements efficiently. These documents demand a detailed presentation of the claim, setting forth the amounts due over and above any offsets, interests, court costs, and attorney fees, culminating in the total amount sought through garnishment. Moreover, it encompasses a summons to garnishees, typically employers, mandating them to withhold earnings from the judgment debtor and comply within specified time frames. The form also provides for the rights of the parties involved, including the issuance of notices to judgment debtors, thereby balancing the act between recovery of debts and protection of rights. Designed with judicial precision, the Oklahoma 20 form is instrumental in the execution of garnishment procedures, reflecting the complexities and procedural demands inherent in the Oklahoma State's approach to judgment enforcement.

Form Sample

IN THE DISTRICT COURT OF	Payne	COUNTY, STATE OF OKLAHOMA
	)
	)
	)
Plaintiff	)
	)	Case No.
vs.	)		(To be entered by Court Clerk)
	)
	)
	)
Defendant(s)	)
	)

Garnishment Affidavit

(12 O.S. Supp. 2004 § 1172)

State of Oklahoma		)
		)
Count of		)

, being duly sworn, states as follows:

1.That he/she is the Judgment Creditor or Plaintiff in the above-styled case;


2.	For Prejudgment Garnishment only:			That		, the
	Judgment Debtor or Defendant in the above-styled cause is indebted to me in the amount of
		on my original claim, over and above all offsets;
3.	For Postjudgment Garnishment only:			That		, the
	Judgment Debtor is further indebted to me as follows:
	$		Interest-bearing balance
	$		Interest at		% from	(date)

	$		Court Costs not included in interest-bearing balance
	$		Attorney fees not included in interest-bearing balance
	$		Total Garnishment amount

4.	That I believe that			is indebted to or has property within his
	possession or under his control, which is not by law exempt from seizure or sale upon
	execution, belonging to the Judgment Debtor or Defendant.
5.	That I (check one)	am, or,	am not seeking a continuing garnishment.

Judgment Creditor or Plaintiff, or

Attorney for Judgment Creditor or Plaintiff

Oklahoma Bar Association No.

Subscribed and sworn to this

day of

Court Clerk or Notary Public

Deputy

(Seal)

My Commission Expires:

IN THE DISTRICT COURT OF	Payne	COUNTY, STATE OF OKLAHOMA
	)
Plaintiff	)
	)
vs	)
	)	Case No.
	)
Defendant	)
	)
and	)
	)
	)
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 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 periods 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 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 for state employees.

If garnishee is indebted to or holds earnings belonging to 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 the 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 principal judgment debtor which has a present balance of $

together with costs in the principal action and costs of the garnishment proceedings.

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

Court Clerk

By: Deputy

Judgment Creditor

Attorney

OBA #

Address

Phone

Officer’s Return

Received this writ on the

day of

, at

o’clock

m and

Executed the same in

County on the

day of

, at

o’clock

m by

Dated this

day of

Sheriff

Deputy

AOC Form 52b

Revised 8/05

(Please check

	IN THE DISTRICT COURT OF			Payne COUNTY, STATE OF OKLAHOMA
			)
Plaintiff		)
		)
	vs	)		Case No.
		)
			)
Defendant		)
		)
	and	)
		)
			)
Garnishee		)
		Continuing and 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

(garnishee) organization, 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

, 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:

appropriate response)

Not employed

Employed but not 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 by 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	,			, 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

StateZip

Date Mailed

Or, hand delivered the same to judgment debtor at:

Judgment Debtor

Place

Note: This must be done during each pay period in which the garnishment is in effect.

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.

By:

Date:

Title:

Subscribed and sworn to before me on this

day of

Notary Public

My Commission expires:

A continuing garnishment remains in effect until one of the following occurs: (1) the judgment is paid in full; (2) the employment relationship is terminated; (3) the judgment is vacated, modified or paid in full;

(4)garnishment action is dismissed; (5) the expiration of 180 days from the date of service of the summons. (If a pay period begins within 180 days but ends after the expiration, the pay period is subject to the garnishment).

AOC Form 54; Revised 8/05


	Calculation for 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)
	(weekly, biweekly, semimonthly, monthly or other)
	If other, please describe:
	(b) Enter the date the judgment debtor’s present pay period	1	(b)
	began (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	3	(a)
	garnishment or income assignment, enter maximum allowable
	percentage (50%, 55%, 60%, 65%)
	(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	3	(d)
	Income assignment, enter 25%):
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	6.
	amount to the attorney for judgment creditor, or judgment creditor
	if not represented by an attorney.

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

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 the appropriate response and show address used in the mailing):

Attorney for Judgment Creditor:

Judgment Creditor:

Revised 8/05

IN THE DISTRICT COURT OF		Payne COUNTY, STATE OF OKLAHOMA
	)
Plaintiff	)
	)
vs	)	Case No.
	)
	)
Defendant	)
	)
and	)
	)
	)
Garnishee	)

Claim for Exemption and Request for Hearing

1. Funds sought in garnishment are exempt from execution because they are (check applicable box):

A. Social Security benefits – 42 U.S.C. §407.

B. Supplemental security income – 42 U.S.C. §1383(d).

C. Unemployment benefits – 40 O.S. §2-303.

D. Workmen’s Compensation benefits – 85 O.S. §48.

E. Welfare benefits – 56 O.S. §173.

F. Veteran’s benefits – 38 U.S.C. §3101, 31 O.S. §7.

G. Monies in Possession of Police Pensions – 11 O.S. §50-124.

H. Monies in Possession of Fireman’s Relief & Pension Fund – 11 O.S. §49-126.

I. Monies in Possession of County Employees Retirement System – 19 O.S. §959.

J. Monies in Possession of Public Employees Retirement Fund – 74 O.S. §923.

K. Teacher’s Annuities or Retirement Allowance – 70 O.S. §17-109.

L. Annuities and pension payments under Railroad Retirement Act – 45 U.S.C. §231(m).

M. United States Civil Service Retirement and Disability Pension Fund Payments – 5 U.S.C. §8346.

N. United States Civil Service Survivor Annuities – 5 U.S.C. §8346.

O. Interest in Retirement, Pension, and Profit Sharing Plans – 60 O.S. §327, 60 O.S. §328.

P. The Wages of Seamen – 46 U.S.C. §601.

Q. Funds vested in the Alien Property Custodian – 50 U.S.C. Appx. §9(f).

R. Prepaid Burial Benefits – 36 O.S. §6125.

S. Proceeds of Group-Life Insurance Policy – 36 O.S. 3632, and 36 O.S. §4026.

T. Alimony, support, separate maintenance, or child support necessary for support of judgment debtor or dependent – 31 O.S. §1.1.

U. Personal wage exemption because of undue hardship – 31 O.S. §1.1.

V. Other (please state):

2.	Check one box:
		All funds are exempt, or,
		All funds are exempt, or,
		I believe the following amount of money is exempt: $


		(Fill in the amount of funds to be exempt).
3.	Check if applicable:
		I have attached copies of the documents that show that my money is exempt.


4.	If garnishment is for wages, this claim and request is filed for the pay period
			through	, inclusive.
5.	I request that this matter be set for hearing.

Signature

Address for mailing of Court Hearing Notice

		Address for mailing a copy of Claim to Judgment


You must mail the original to the Court Clerk of	Payne County at the following address:
606 South Husband, Room 206
Stillwater, Oklahoma 74074

AOC Form 22 Revised 8/05

▼ PDF Form

Form Breakdown

Fact	Detail
Type of Document	Garnishment Affidavit
Governing Law	12 O.S. Supp. 2004 § 1172, State of Oklahoma
Purpose	To declare a debt owed by the defendant to the plaintiff and to request garnishment of the defendant’s assets or earnings.
Postjudgment Garnishment	Details the indebtedness of the defendant post-judgment, including interest-bearing balance, interest rate, and total garnishment amount.
Continuing Garnishment	Asks whether the plaintiff is seeking a continuing garnishment, which affects the defendant’s earnings periodically until the debt is satisfied.
Court Involved	District Court of Payne County, State of Oklahoma

Detailed Instructions for Using Oklahoma 20

Filling out the Oklahoma 20 form, a key legal document for initiating a garnishment process in the state, requires careful attention to detail. This procedure allows a creditor to withhold money directly from a debtor's earnings or accounts to satisfy a debt. The form is divided into two main sections: the Garnishment Affidavit and the Continuing Postjudgment Earnings Garnishment Summons. Completing this form correctly ensures the legal process begins smoothly and complies with Oklahoma state laws. Here’s a step-by-step guide to help you through the process:

Identify the case by entering the name of the Payne County District Court at the top of the form.
Fill in the plaintiff's (creditor's) and defendant's (debtor's) names in the designated spaces.
Do not fill in the Case No. as it will be entered by the Court Clerk.
Complete the Garnishment Affidiff section by stating your relationship to the case (e.g., Judgment Creditor or Plaintiff).
For prejudgment garnishment, if applicable, detail the amount the debtor owes over all offsets.
For postjudgment garnishment, specify the amounts related to the interest-bearing balance, interest rates, court costs, attorney fees, and the total garnishment amount.
Indicate whether you are seeking a continuing garnishment by checking the appropriate box.
Provide the name of the Judgment Creditor or Plaintiff, or Attorney for Judgment Creditor or Plaintiff, along with the Oklahoma Bar Association No., then date and sign the form.
In the Continuing Postjudgment Earnings Garnishment Summons section, follow the instructions to summon the garnishee, the entity or individual who will withhold earnings from the debtor.
Specify the amount to be withheld and the duration of the garnishment order.
Instruction on mailing or delivering copies of the Garnishment Summons and related notices to the concerned parties (Judgment Creditor, Judgment Debtor, and Garnishee) as detailed in the document.
Ensure all instructed actions and notices comply with the timelines specified in the form, particularly the requirements for filing an answer to the summons and serving notices.
Fill out the Garnishee’s Answer/Affidavit section based on whether the Garnishee is an individual, partnership, or corporation, providing all requested details about the employment and income of the Judgment Debtor.

Once completed, the form should be submitted to the district court clerk's office in Payne County, followed by serving copies to all parties involved as directed. It’s important to keep a copy for your records. Remember, this form is a legally binding document that initiates the garnishment process, so accuracy and timeliness are crucial.

FAQ

What is an Oklahoma 20 form?

The Oklahoma 20 form is used in the state of Oklahoma for cases involving garnishment. Garnishment is a legal procedure through which a person's earnings or property are required to be withheld for the payment of a debt, as directed by a court order. This form comes in two parts: the "Garnishment Affidavit" and the "Continuing Postjudgment Earnings Garnishment Summons." The affidavit is a sworn statement by the plaintiff (the person or entity owed the debt) claiming that the defendant (the person or entity from whom the debt is owed) has not paid the debt. The summons is a court order to the garnishee (usually the employer of the defendant) to withhold earnings from the defendant to satisfy the debt.
Who uses this form and when?

This form is used by a judgment creditor or their attorney. It's relevant in two scenarios:
- For Prejudgment Garnishment: When a plaintiff believes a defendant owes them money and wishes to secure that debt before a court decision is made.
- For Postjudgment Garnishment: After a court has made a decision that a defendant does indeed owe the plaintiff a certain amount of money. It is used to collect the debt from the defendant's earnings or property.
Additionally, if the creditor is seeking a continuing garnishment of the debtor’s earnings, this form is used to request that the garnishment remain in effect to continuously collect a portion of the debtor's earnings until the debt is satisfied.
How does the Continuing Garnishment Process work?

The process begins once the Garnishment Affidavit and the Continuing Postjudgment Earnings Garnishment Summons are filed with the court and served on the garnishee. The garnishee (e.g., employer) is required to start withholding a portion of the debtor’s earnings as specified by the summons. This withholding continues until one of the following occurs:
- The total debt owed is fully paid off.
- The employment relationship between the garnishee and the debtor ends.
- The judgment is vacated, modified, or satisfied in full.
- The garnishment order is dismissed.
- 180 days have elapsed from the date the garnishment summons was served, unless the debt is fully paid earlier.
This process ensures that the creditor can collect the debt in a systematic manner directly from the debtor's earnings, without further court action unless the circumstances of the garnishment change.
What are the responsibilities of a Garnishee?

Upon receiving the garnishment summons, the garnishee is responsible for several tasks:
- Immediately withhold the required amount from the debtor’s earnings as specified in the summons.
- Answer the summons within the timeframe specified, stating whether they hold any earnings or property of the debtor.
- Continue to withhold earnings for each pay period as directed until the garnishment is satisfied or otherwise terminated.
- Send a copy of the garnishment notice and exemptions, along with an application for hearing, to the debtor.
- Pay the withheld amounts to the judgment creditor or their attorney as specified in the summons.
Failure of the garnishee to comply with these requirements could lead to legal penalties, including being held liable for the full amount of the judgment.

Common mistakes

Filling out the Oklahoma 20 form can be a tricky process, and mistakes are more common than you'd think. Here's a breakdown of where people often stumble:

Incorrect Case Number: One common slip-up is not including the correct case number, or leaving this field blank. The case number links the garnishment to the specific court case. Ensuring this is accurate is crucial.
Not Checking the Right Box: The form requires you to indicate whether you're seeking a continuing garnishment. Failing to make the correct selection here can lead to processing delays.
Missing Judgment Debtor Information: It's vital to fill in all fields related to the judgment debtor accurately. This includes their full name, the amount indebted, and detailed descriptions of their debts or assets. Any inaccuracies can invalidate the garnishment request.
Failing to Sign and Date: The form must be signed and dated to be considered valid. This simple yet frequently overlooked step is essential for the document to proceed.
Incorrect Interest and Fees: Often, people miscalculate the amounts for interest, court costs, and attorney fees not included in the interest-bearing balance. Precision in these numbers is necessary for the garnishment to reflect the true amount owed.
Not Specifying the Type of Garnishment: The form differentiates between prejudgment and postjudgment garnishment, and failing to specify which one you're applying for can derail the entire process.
Omitting Garnishee Information: Incomplete or incorrect information about the garnishee – the entity or individual who will withhold earnings from the debtor – can complicate or even prevent successful garnishment.
Misunderstanding Exemptions: Not all of a debtor's property may be subject to garnishment. Misidentifying assets that are legally exempt can lead to legal challenges down the line.
Leaving Out Contact Information: Not providing a way for the court or other involved parties to reach you can significantly delay the process. Always include complete and current contact details.

Ensuring accuracy and completeness when filling out the Oklahoma 20 form is key to a smooth garnishment process. By taking the time to double-check every detail, you maximize your chances of achieving the desired outcome without unnecessary delays.

Documents used along the form

In legal proceedings, particularly those involving garnishment in the state of Oklahoma, several forms and documents are commonly used in conjunction with the Oklahoma 20 form. These forms serve to streamline the garnishment process, ensuring legal compliance and facilitating communication between parties. While the Oklahoma 20 form initiates the garnishment procedure, these additional documents are crucial for the completion and enforcement of the garnishment order.

Notice of Garnishment and Exemptions: This document is provided to the judgment debtor once the garnishment has been initiated. It informs them of the garnishment action and outlines any exemptions they may claim. The document aims to ensure debtors are aware of the garnishment and understand their rights under the law.
Garnishee’s Answer/Affidavit: Filed by the garnishee, this document provides the court with information about the debtor's employment and assets within the garnishee's control. It confirms whether the garnishee owes any debts to the judgment debtor or holds any of the debtor's property. This affidavit is crucial for determining how the garnishment proceeds.
Application for Hearing (Regarding Garnishment Exemptions): If the judgment debtor believes they have valid exemptions to the garnishment, they can file this application to request a hearing. The court will review the claimed exemptions and determine if they are valid under Oklahoma law, potentially adjusting the garnishment accordingly.
Continuing Garnishment Order: This court order is issued if the garnishment is to be a continuing garnishment, meaning it extends beyond a single pay period. It directs the garnishee to continuously withhold a portion of the debtor’s earnings until the judgment is satisfied or until the court orders otherwise. This order is essential for long-term debt recovery efforts.

Together, these documents create a comprehensive framework for garnishment proceedings, ensuring that creditors can recover debts while also protecting the rights of debtors. Each form plays a respective role in the garnishment process, from notifying the debtor of the garnishment to detailing the debtor's assets, and ensuring the garnishment adheres to legal standards. Familiarity with these documents is crucial for all parties involved in a garnishment action in Oklahoma.

Similar forms

The "Writ of Execution" is a document that authorizes the seizure of a debtor's property to satisfy a judgment. Like the Oklahoma 20 form, it is used when a judgment creditor wishes to enforce a court judgment that requires payment of money. Both documents require specific information about the debtor and the judgment to be provided and both are instrumental in transferring assets from the debtor to the creditor to satisfy a debt.

Another similar document is the "Notice of Levy." This document is used by creditors to inform a debtor that their assets are being seized under a court order to satisfy a judgment. It parallels the Oklahoma 20 form in purpose, serving as a tool for creditors to collect what is owed to them. Both documents are critical steps in the process of executing a judgment and provide detailed information regarding the debtor, the creditor, and the amount owed.

The "Claim of Exemption" form is also related. This form allows debtors to declare certain property as exempt from seizure under a garnishment or levy. It contrasts with the Oklahoma 20 form but is part of the same judicial process, providing a defense mechanism for debtors. Understanding both documents is crucial for parties involved in a garnishment action to comprehend their rights and obligations.

The "Proof of Service" document, which confirms the delivery of legal documents to a party involved in a court case, is procedural but essential, similar to the affidavit and summons parts of the Oklahoma 20 form. This document ensures that all parties have been properly notified of ongoing legal actions, such as garnishments, thereby upholding the principles of due process.

The "Judgment" document, which officially states the outcome of a lawsuit and the court's decision regarding the amount owed by the debtor to the creditor, serves as the foundation for the Oklahoma 20 form's garnishment action. The judgment proves the creditor's claim is valid and enforceable, similar to how the Oklahoma 20 form is used to enforce that judgment through garnishment.

"Motion to Vacate Judgment" offers a direct contrast to the Oklahoma 20 form by allowing debtors to request the cancellation or modification of a judgment, potentially stopping the garnishment process initiated by the Oklahoma 20 form. This motion emphasizes the dynamic nature of legal judgments and the importance of ongoing legal rights and remedies.

The "Bankruptcy Petition" interrupts the garnishment process initiated by the Oklahoma 20 form by providing debtors with a federal remedy that can temporarily or permanently halt collections against them. The automatic stay granted by a bankruptcy filing is a powerful tool that underscores the complexities creditors face when attempting to collect debts.

A "Settlement Agreement" document is another crucial piece of legal documentation closely related to the Oklahoma 20 form. Before or after a garnishment action is initiated, it represents a voluntary resolution between a debtor and creditor, potentially rendering the garnishment process unnecessary. This underscores the importance of negotiation in resolving disputes.

The "Garnishee’s Answer" is directly related to the Oklahoma 20 form, particularly to its second part, the Continuing Postjudgment Earnings Garnishment Summons. It is a response from the garnishee (often an employer) about the debtor's assets or earnings in their possession. This document is crucial for the garnishment process to continue, detailing what, if anything, can be garnished from the debtor to satisfy the judgment.

Finally, the "Notice of Rights to Claim Exemptions" is integral to the garnishment process initiated by the Oklahoma 20 form. It informs the debtor of their right to claim certain exemptions from garnishment, providing a crucial balance between the enforcement of judgments and the protection of basic debtor rights. This document highlights the legal safeguards in place for debtors, even as creditors pursue court-ordered garnishments.

Dos and Don'ts

When completing the Oklahoma 20 form, a legal document related to garnishment, attention to detail and adherence to legal requirements are crucial. Here is a guide on what to do and what to avoid for a seamless process:

Do:

Thoroughly verify the details of the judgment debtor and the garnishee. Correct identification is essential for the garnishment process.
Accurately calculate the garnishment amount. This includes the principal amount, interest, court costs, and attorney fees, as applicable.
Choose the correct type of garnishment. Determine whether it is a prejudgment or postjudgment garnishment and if you are seeking a continuing garnishment.
Provide complete contact information. Ensure that the addresses and phone numbers for the judgment creditor (or attorney) and the garnishee are current and accurate.
Sign and date the forms in the presence of a notary or court clerk to validate the affidavit.

Don't:

Leave sections blank. If a section does not apply to your situation, indicate with "N/A" (not applicable) rather than leaving it empty.
Misstate the amount owed. Overestimating or underestimating can lead to legal complications and may affect the garnishment process.
Ignore deadlines. Timely submission of the form and adherence to the specified deadlines are critical to uphold the legitimacy of the garnishment.
Forget to notify all parties involved. The judgment debtor, garnishee, and court must all receive the appropriate documentation as required by law.
Use outdated information. Double-check to ensure that you are using the most current form and adhering to the latest legal standards and guidelines.

Misconceptions

There are several misconceptions about the Oklahoma 20 form, a legal document used in garnishment proceedings within the state. Understanding these misconceptions can help individuals and entities navigate through the process efficiently and accurately.

Misconception 1: The Oklahoma 20 form is only for postjudgment garnishments. In fact, this form serves both prejudgment and postjudgment garnishment processes. It’s important to review the form carefully to ensure it’s used appropriately for the specific phase of garnishment being sought.
Misconception 2: Any individual or business can initiate a garnishment action using the Oklahoma 20 form. While it may seem straightforward, initiating a garnishment requires legal standing. Only judgment creditors or their attorneys, with valid claims against a debtor, are authorized to use this form to begin garnishment actions.
Misconception 3: Filling out the Oklahoma 20 form guarantees garnishment. Completing and submitting the form is just the beginning. It requires judicial approval, and the debtor has rights, including exemptions and the opportunity to contest the garnishment.
Misconception 4: The form is self-explanatory and requires no legal advice. While designed to be straightforward, navigating garnishment law can be complex, and misunderstandings can lead to mistakes. It’s often in a creditor’s best interest to consult with a legal professional before proceeding.
Misconception 5: The Oklahoma 20 form applies the same way to all debtors. Garnishment laws protect certain types of income and assets from being garnished. The form requires specific information about the debtor’s employment and assets, and not all will necessarily be subject to garnishment.
Misconception 6: Once submitted, the form requires no further action from the creditor. Creditors need to stay actively involved in the process, responding to court orders, attending hearings if required, and following up to ensure garnishment is enforced properly.
Misconception 7: The amount stated on the form is the exact amount the creditor will receive. The actual amount garnished from the debtor’s wages or assets may be less than what’s requested on the form due to legal limits on garnishment amounts and potential exemptions claimed by the debtor.
Misconception 8: Continuing garnishment orders are permanent. Continuing garnishments for wages are subject to temporal limits and conditions, such as job termination or satisfying the debt, which can end the garnishment action sooner than expected.

Understanding these key points can help parties involved in a garnishment proceeding in Oklahoma navigate the process with clearer expectations and in compliance with the law.

Key takeaways

Here are the key takeaways about filling out and using the Oklahoma 20 form:

The Oklahoma 20 form is utilized for the process of Garnishment, whether it's Predjudgment or Postjudgment, essentially to collect debts by seizing the debtor's assets or wages directly from a third party (garnishee).
Affidavits submitted with the form require thorough information including the case name, number, and the specific details of the debt owed by the Debtor to the Creditor.
For Postjudgment Garnishment, the creditor must provide a detailed breakdown of the owed amount, including interest, court costs, and attorney fees not included in the principal balance.
It is mandatory for the Creditor or their attorney to swear or affirm that the information provided on the form is true to their knowledge.
The form distinguishes between seeking a one-time garnishment or a continuing garnishment, affecting how garnishments are processed and the duration over which assets are withheld.
The Continuing Postjudgment Earnings Garnishment Summons section sets specific roles for the garnishee, including timelines for withholding and remitting payments from the debtor’s earnings.
Garnishees are required to notify the judgment creditor and, unless exempted, the judgment debtor, about the garnishment actions taken in regard to the debtor's earnings or assets.
Proper notice to all parties, including delivery of the garnishment summons to the garnishee and subsequent notifications to the debtor, is crucial for the garnishment to be legally binding and effective.
In case of employment-based garnishment, the garnishee is instructed to withhold a specific amount from the debtor's earnings as calculated or as present in the judgment balance, whichever is less.
The summons for garnishment includes a duration, typically not exceeding 180 days, within which the garnishee must act unless the garnishment is earlier satisfied or the employment relationship ends.
If another garnishment is already in place, the new garnishment will take effect immediately after the prior one concludes, maintaining the chain of debt collection without interruption.
It’s imperative for the garnishee to provide a response within a stipulated period, detailing any existing indebtedness to the judgment debtor or possession of the debtor's assets, which influences the subsequent steps in the garnishment process.

Garnishment forms like the Oklahoma 20 require careful completion and understanding of the duties and responsibilities imposed on each party involved in the garnishment process. Compliance with legal requirements and timelines ensures the effectiveness of garnishments as a debt collection tool.

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