Continuing Garnishees Answer Affidavit

In the District Court of _______________________ County State of Oklahoma __________________________ Plaintiff , vs. ____________________________ Defendant, and ____________________________ Garnishee ) ) ) ) ) ) ) ) ) ) Case No. _______________ Continuing 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 _________________, 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: ___________________________________________________________ _______________________________________________________________________ American LegalNet, Inc. www.USCourtForms.com 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. 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 ________________________________________ ________________________________________ 4. 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:_______________________________________ Title:______________________________________ Date:_______________________________ Subscribed and sworn to before me on this _________ day of ________________________, 20_____. ___________________________________ 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) the 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 American LegalNet, Inc. www.USCourtForms.com 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 (weekly, biweekly, semimonthly, monthly, or other) If other, please describe: ____________________________ (b) Enter the date the judgment debtor's present pay period 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(a) ______________ 1(b) ______________ 1(c) ______________ 2. (a) Enter the gross earnings for entire pay period: (b) Calculate deductions from said amount as required by law: (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 __________ 2(a) ______________ 2(b) ______________ (c) Net earnings: 2(a) less 2(b): 3. (a) If judgment debtor is subject to withholding for child support garnishment or income assignment, enter maximum allowable percentage (50%, 55%, 60% 65%) (b) Enter actual percentage withheld: (c) Subtract 3(b) from 3(a) and enter percentage: (d) Enter the lesser of 25% or line 3(c) here (if no child support or income assignment, enter 25%): 2(c) ______________ 3(a) ______________ 3(b) ______________ 3(c) ______________ 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: Weekly or more often by 30; Biweekly by 60; Semimonthly by 65; Monthly by 130. 5(a) ______________ For any other pay period, increase the multiple for a weekly