Continuing Postjudgment Earnings Garnishment Summons {52B}

In the District Court of _______________________ County State of Oklahoma __________________________ Plaintiff vs. ____________________________ Defendant, and ____________________________ Garnishee ) ) ) ) ) ) ) ) ) ) ) ) Case No. _______________ 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 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 principal 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 American LegalNet, Inc. www.USCourtForms.com 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 Clerk ___________________________________ By: Deputy Judgment Creditor Attorney OBA # 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 AOC Form 52b Revised 8/05 American LegalNet, Inc. www.USCourtForms.com