Free Non-Continuing Post Judgment Garnishment Forms - Oklahoma


File Size: 708.5 kB
Pages: 7
Date: September 28, 2006
File Format: PDF
State: Oklahoma
Category: Bankruptcy
Author: CharlesHogshead
Word Count: 3,268 Words, 19,817 Characters
Page Size: Letter (8 1/2" x 11")
URL

http://216.247.165.133/Tulsadistrictcourt/Forms/PDF/Small_Claims/A_SC-NonContinuing_Garnishment_PACKAGE.pdf

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Preview Non-Continuing Post Judgment Garnishment Forms
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IN THE DISTRICT COURT IN AND FOR THE COUNTY OF TULSA
Choose Advanced & Then Choose Legal for Paper Size STATE OF OKLAHOMA
Tulsa is the Default County - You may type over it to change Counties.

Plaintiff, vs.

Defendant,

) ) ) ) ) ) ) GARNISHMENT AFFIDAVIT (12 O.S. Supp. 2004 § 1172)

No. SC-

STATE OF OKLAHOMA COUNTY OF TULSA

) )

ss.

I,
1) 2) That

, being duly sworn, state as follows: is the Judgment Creditor or Plaintiff in the above-styled case;

FOR PREJUDGMENT GARNISHMENT ONLY: That , the Judgment Debtor or Defendant in the above-styled case, is indebted to the Judgment Creditor in the amount of on his/her original claim, over and above all offsets, FOR POSTJUDGMENT GARNISHMENT ONLY: That , the Judgment Debtor or Defendant in the above-styled case, is indebted to the Judgment Creditor as follows: $ $ $ $ $ Interest-bearing balance Interest at % from Court Costs not included in interest-bearing balance Attorney fees not included in interest-bearing balance. TOTAL GARNISHMENT AMOUNT (date)

3)

4)

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

5)

Judgment Creditor or Plaintiff, or Attorney for Judgment Creditor or Plaintiff Oklahoma Bar Association No. Subscribed and sworn to before me this day of Court Clerk or Notary Public ( Seal ) My Commission Expires:
Form 20 (Rev 2-99)

,

20

.

BY: Deputy Court Clerk

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TULSA IN THE DISTRICT COURT IN AND FOR THE COUNTY OF TULSA STATE OF OKLAHOMA Choose Advanced & Then Choose Legal for Paper Size
Tulsa is the Default County - You may type over it to change Counties.

Plaintiff, vs.

Defendant, and Garnishee.

) ) ) ) ) ) ) ) ) ) )

No.

SC-

NONCONTINUING POST JUDGMENT EARNINGS GARNISHMENT SUMMONS THE STATE OF OKLAHOMA to said Garnishee:
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 on $ , together with costs in the principal action and costs of the garnishment proceeding. You are hereby summoned pursuant

Issued this within ten (10) days of this date.

day of

,

20

, and shall be returned with proof of service

Sally Howe Smith , Court Clerk

BY: DEPUTY
JUDGMENT CREDITOR or ATTORNEY FOR CREDITOR OBA#

ADDRESS

Office of the Court Clerk Small Claims Division Tulsa County Courthouse 500 South Denver Avenue Tulsa, Oklahoma 74103
PHONE

OFFICER'S RETURN Received this writ on the executed the same in day of County, on the , day of , at , , at o 'c l o c k . M. and o'clock. M.

by Dated this

. day of , , , Sheriff Deputy

Form 2593 (Rev. 11-99)

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IN THE DISTRICT COURT IN AND FOR THE COUNTY OF TULSA TULSA STATE OF OKLAHOMA

Tulsa is the Default County - You may type over it to change Counties.

Plaintiff, vs. Defendant, and Garnishee.

) ) ) ) ) ) ) ) ) )

No. SC-

NONCONTINUING AND GENERAL GARNISHEE'S ANSWER/AFFIDAVIT
STATE OF OKLAHOMA COUNTY OF TULSA ) ) ss.

, being duly sworn deposes and says: (AFFIANT) IF GARNISHEE IS AN INDIVIDUAL: That he is the garnishee herein. That he does business in the name of IF GARNISHEE IS A PARTNERSHIP: , a partnership composed of garnishee and That he is a member of IF GARNISHEE IS A CORPORATION: That he is the of (Official Title) (Garnishee) a corporation, organized under the laws of the State of Garnishee or summons on the 1. day of ,

.

.

, on behalf of garnishee having been served with a garnishment and having knowledge of the facts and being sworn. states:

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: ( ) Not Employed ( ) Employed but no amounts due-specify reason: ( ) Other, specify: 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: ( ) Earnings as shown on the Calculation for Garnishment of Earnings Form (on reverse side) which is incorporated by reference into this Answer; ( ) Other, specify: Nothing has been withheld due to a prior, garnishment or continuing garnishment which will expire on and is in case # in the District Court of County, Oklahoma. 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: Street Address or hand-delivered the same to judgment debtor at: Judgment Debtor City/State Place Zip Date Mailed

2.

3. 4.

5.

The garnishee makes the following claim of exception 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 ( ).

Date: Subscribed and sworn to before me this ( Seal ) day of

By: Title: , Court Clerk or Notary Public .

My Commission Expires: WHEN COMPETED, FOLLOW THE INSTRUCTIONS AT BOTTOM OF REVERSE SIDE [ or CALCULATION FOR NONCONTINUING GARNISHMENT OF EARNINGS FORM, if using separate sheets ]
Form 3288 (Rev.4-99)Front

CALCULATION FOR NONCONTINUING GARNISHMENT OF EARNINGS For the pay period in effect at the time of said service: 1. (a) (b) (c) 2. (a) (b) Enter the pay period of judgment debtor (weekly, biweekly, semi-monthly, monthly or other): If other, describe. Enter the date the judgment debtor's present pay period began (present pay period means the pay period for which the calculation is made): Enter the date the judgment debtor's present pay period ends: Enter the gross earnings for entire pay period: Calculate deductions from said amount as required by law. (1) Federal income tax withholding (2) FICA income tax withholding (3) State income tax withholding TOTAL: (1), (2), (3) Net earnings. 2(a) less 2(b): If judgment debtor is subject to withholding for child support garnishment or income assignment, enter maximum allowable percentage (50%, 55%, 60%, 65%). Enter actual percentage withheld Subtract 3(b) from 3(a) and enter percentage: Enter the lesser of 25% or line 3(c) here (If no child support or income assignment enter 25%):

1(a) 1(b) 1(c) 2(a)

2(b) 2(c)

(c) 3. (a)

3(a) 3(b) 3(c) 3(d) 4

(b) (c) (d) 4. 5.

Multiply the percentage in 3(d) times the net earnings in 2(c) and enter: (a) Multiply and enter the present federal minimum wage as follows Weekly or more often by 30; Biweekly by 60; Semi-monthly by 65; or 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.) Subtract the amount on line 5(a) from the amount on line 2(c) and enter:

5(a) 5(b)

(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:

YOU MUST SEND YOUR CHECK FOR THE AMOUNT GARNISHED WITH A COPY OF YOUR ANSWER TO THE ATTORNEYFOR JUDGMENT CREDITOR, OR THE JUDGMENT CREDITOR IF THERE IS NO ATTORNEY (CHECK ONE BOX AND SHOW THE ADDRESS USED IN THE MAILING):

G G

ATTORNEY FOR JUDGMENT CREDITOR: JUDGMENT CREDITOR:

Form 3288 (4-99) Back

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NOTICE OF GARNISHMENT AND EXEMPTIONS IMPORTANT: YOUR MONEY MAY BE TAKEN TO PAY A JUDGMENT. READ THIS CAREFULLY
A Garnishee Summons against your account(s), wages or other property has been served on the named garnishee. Money held for you by the named garnishee may be taken by the judgment creditor to pay a judgment against you in this case. However, some money is protected by law ("exempt") and cannot be taken do pay judgments. The following is a list of funds that are exempt. By law, additional exemptions may also be available: ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) A. B. C. D. E. F. G. H. I. J. K. L. M. N. 0. P. Q. R. S. T. U. Social Security Benefits - 42 U.S.C. § 407. Supplemental Security Income - 42 U.S.C. § 1383(d). Unemployment Benefits - 40 O.S. § 2-303. Workmens' Compensation Benefits - 85 O.S. § 48. Welfare Benefits - 56 O.S. § 173. Veterans' Benefits - 38 U.S.C. § 3101, 31 O.S. § 7. Monies in possession of Police Pensions - 11 O.S. § 50-124. Monies in possession of Firemens' Relief & Pension Fund - 11 O.S. § 49-126. Monies in possession of County Employee's Retirement Fund - 19 O.S. § 959. Monies in possession of Public Employee's Retirement Fund - 74 O.S. § 923 Teacher's Annuities or Retirement Allowance - 70 O.S. § 17-109. Annuities and Pension Payments Under Railroad Retirement Act - 45 U.S.C. § 231(m). United States Civil Service Retirement & Disability Pension Fund Payments - 5 U.S.C. § 8346. United States Civil Service Survivor Annuities - 5 U.S.C. § 8346. Interest in Retirement, Pension & Profit Sharing Plans - 60 O.S. § 327, 60 O.S. § 328. The Wages of Seamen - 46 U.S.C. § 601. Funds vested in the Alien Property Custodian - 50 U.S.C. Appx. § 9(f). Prepaid Burial Benefits - 36 O.S. § 6125. Proceeds of Group-Life Insurance Policy - 36 O.S. § 3632 and 36 O.S. §4026. Alimony, support, separate maintenance, or child support necessary for support of judgment debtor or dependent - 31 O.S. § 1.1. Personal wage exemption because of undue hardship - 31 O.S. § 1.1.

( )

The above exemptions generally do not apply to judgments and garnishments for Alimony and Child Support. If you are a corporation, you may have other exemptions. If an account is being garnished and the money in the account does not belong to you, or if you are aware of other reasons why money should not be taken to pay the judgment, you may want to consult an attorney. Because of the garnishment, the garnishee was required to withhold the amount of money claimed by the judgment creditor. you may not now withdraw that money. If you believe that you are entitled to an exemption, complete the following steps immediately. You must complete the steps and return the form to the Court Clerk within five (5) day from the date you received this notice, 1. 2. 3. 4. On the attached "Claim for Exemptions and Request for Hearing" form, check the box next to the exemption or exemptions you claim. Check whether you claim all money is exempt. If you do not claim that all money is exempt, write in the amount you believe is exempt. Sign your name in the space indicated on the form. Write the address where the Court Clerk can notify you of the hearing date and time. Mail the Claim for Exemptions and Request for Hearing to the Court Clerk. You may include copies of any information you have that the money is exempt, such as copies of documents or letters from government agencies.

THE COURT CLERK MUST RECEIVE THE CLAIM FOR EXEMPTION AND REQUEST FOR HEARING WITHIN FIVE DAYS FROM THE DATE YOU RECEIVED THIS NOTICE. The Court Clerk will set the matter for hearing and notify you. At the hearing in Court, you will have to prove that your money is exempt from garnishment. You may want to consult an attorney for advice or assistance concerning the hearing. If you have been served with a continuing garnishment, you will be provided with a claim for exemptions and request for hearing during each pay period during the garnishment period. If you do not request a hearing within five (5) days from the date you received this notice, but believe you are entitled to an exemption, you should consult an attorney. The attorney may be able to assist you in claiming an exemption by filing a motion with the court. YOU MUST MAIL A COPY OF THE CLAIM FOR EXEMPTION AND REQUEST FOR HEARING TO THE JUDGMENT CREDITOR'S ATTORNEY Form 2012 (Rev 11-95) Back

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TULSA IN THE DISTRICT COURT IN AND FOR THE COUNTY OF TULSA STATE OF OKLAHOMA

Tulsa is the Default County - You may type over it to change Counties.

Plaintiff, vs.

Defendant, and Garnishee.

) ) ) ) ) ) ) ) ) ) )

No.

SC-

CLAIM FOR EXEMPTION AND REQUEST FOR HEARING
1. Funds sought in garnishment are exempt from execution because they are (check applicable box): ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) A. B. C. D. E. F. G. H. I. J. K. L. M. N. 0. P. Q. R. S. T. U. V. Social Security Benefits - 42 U.S.C. § 407. Supplemental Security Income - 42 U.S.C. § 1383(d). Unemployment Benefits - 40 O.S. § 2-303. Workmens' Compensation Benefits - 85 O.S. § 48. Welfare Benefits - 56 O.S. § 173. Veterans' Benefits - 38 U.S.C. § 3101, 31 O.S. § 7. Monies in possession of Police Pensions - 11 O.S. § 50-124. Monies in possession of Firemens' Relief & Pension Fund - 11 O.S. § 49-126. Monies in possession of County Employee's Retirement Fund - 19 O.S. § 959. Monies in possession of Public Employee's Retirement Fund - 74 O.S. § 923 Teacher's Annuities or Retirement Allowance - 70 O.S. § 17-109. Annuities and Pension Payments Under Railroad Retirement Act - 45 U.S.C. § 231(m). United States Civil Service Retirement & Disability Pension Fund Payments - 5 U.S.C. § 8346. United States Civil Service Survivor Annuities - 5 U.S.C. § 8346. Interest in Retirement, Pension & Profit Sharing Plans - 60 O.S. § 327, 60 O.S. § 328. The Wages of Seamen - 46 U.S.C. § 601. Funds vested in the Alien Property Custodian - 50 U.S.C. Appx. § 9(f). Prepaid Burial Benefits - 36 O.S. § 6125. Proceeds of Group-Life Insurance Policy - 36 O.S. § 3632 and 36 O.S. §4026. Alimony, support, separate maintenance, or child support necessary for support of judgment debtor or dependent - 31 O.S. § 1.1. Personal wage exemption because of undue hardship - 31 O.S. § 1.1. Other - (please state) 2. Check one box: ( ) All funds are exempt OR ( ) I believe the following amount of money is exempt $

( ) ( )

(Fill in amount of funds to be exempt.)

3. 4.

Check if applicable: ( ) I have attached copies of the documents that show that my money is exempt. 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 Creditor's Attorney

You must mail the original to the Court Clerk of

TULSA

County at : Sally Howe Smith, Court Clerk

Tulsa County Courthouse

Address

500 South Denver Avenue Tulsa, Oklahoma 74103

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EXEMPTION HEARING WORKSHEET
DATE: CREDITOR: GARNISHED DEBTOR: AMOUNT OF GARNISHMENT: $ TOTAL FAMILY MEMBERS: BANK ACCOUNT BALANCES: CHECKING $ CHILDREN/AGES : SAVINGS $ CASE NUMBER: SCHARDSHIP OTHER

INCOME:
NET WEEKLY: NET BIWEEKLY: : NET SEMI-MONTHLY: : MONTHLY NET: ADDITIONAL SOURCES OF INCOME: CHILD SUPPORT INCOME: X X X 4.3 2.15 2.0 = = = $ $ $ $ $ $ $

TOTAL MONTHLY INCOME: HOUSING:
RENT / MORTGAGE ELECTRICITY NATURAL GAS TRASH AND WATER TELEPHONE OTHER FOOD: FOOD SCHOOL LUNCHES BABY MILK CLOTHING: CLOTHING LAUNDRY TRANSPORTATION: CAR PAYMENT CAR INSURANCE CAR GASOLINE OTHER: $ $ $ $ $ $ $ $ $ $

$ $ $ $ $ $ $

TOTAL MONTHLY EXPENSES:

$

IF THIS FORM IS NOT FILLED OUT, YOUR CLAIM FOR EXEMPTION WILL NOT BE HEARD