State Garnishment Laws: Oklahoma, Oregon, and Pennsylvania

Here you will find judgment laws and rules which apply for the area of garnishments in the states of Oklahoma, Oregon, and Pennsylvania.  Realize that codes, regulations, and court rules change from time to time.  You will want to check to confirm that these statutes are up to date as of the time you need to apply them. State garnishment laws will dictate how you must proceed with implementing a garnishmentGarnishments are a primary part of judgment law.

Oklahoma Procedural
Requirements

Garnishment proceedings shall be commenced by the filing of an affidavit. The
affidavit may be filed by the plaintiff at or before the time of filing of a
garnishment summons. Okla. Statute. Ann. tit. 12, _ 1172. When a garnishment
summons is issued in any action subsequent to judgment, the court clerk shall
attach to the garnishment summons a notice of garnishment and exemptions and an
application for the defendant to request a hearing. When a garnishment summons
is issued in any action subsequent to judgment, the garnishee is a financial
institution, and the garnishment summons is not for wages of an employee of the
financial institution, the notice of garnishment and exemptions and an
application for the defendant to request a hearing shall also be prepared by the
judgment creditor and issued from the office of the court clerk to the defendant
in the manner provided for in paragraphs 1, 2 or 5 of _ 1174.

The sending of the notice of garnishment and exemptions and the application
for the defendant to request a hearing to the last known address of the
defendant by registered or certified mail with return receipt requested shall
constitute compliance with this requirement, and no further act or service of
notice shall be necessary. Okla. Statute. Ann. tit. 12, _ 1172.2.

The garnishee summons issued by the court clerk shall be served upon each of
the garnishees in the manner provided for the service of summons (i.e.,
personally or certified mail, return receipt requested and delivery restricted
to addressee). Okla. Statute. Ann. tit. 12, _ 1173.3. The garnishee may be
examined by the plaintiff either by deposition or by written interrogatories.
His deposition may be taken at any time after the service of the garnishee
summons. Within ten days after the filing of the answer affidavit by the
garnishee, plaintiff may file interrogatories for the garnishee concerning any
matter contained in said answer or germane to any liability on his part to the
principal defendant. Okla. Statute. Ann. tit. 12, _ 1183.

A garnishee may deduct ten dollars from the funds of the defendant in his
possession as reimbursement for costs incurred in answering. If no funds are
available and the garnishee’s answer evidencing that is filed and mailed or
delivered to the plaintiff or to the plaintiff’s attorney of record, the
plaintiff shall pay the garnishee ten dollars as reimbursement for such costs.
Okla. Statute. Ann. tit. 12, _ 1190.

Interest Rate at which Judgments Accrue All judgments of a
court of record shall bear interest at an annual rate equal to the average
United Statutees Treasury Bill rate of the preceding calendar year plus four
percent from the date of rendition. However, judgments against the Statutee and
its political subdivisions shall not bear interest at a rate exceeding ten
percent. When a rate of interest is specified in a contract, the rate therein
shall apply, if lawful, to the judgment debt and be specified in the journal
entry of judgment. When a verdict for damages by reason of personal injuries or
injury to personal rights due to an act or omission of another is accepted by
the trial court, the court in rendering judgment shall add interest on said
verdict at the applicable rate from the date the suit was commenced to date of
verdict.

When a judgment is rendered establishing the existence of a lien against
property and no rate of interest exist, the court show allow interest at the
rate described above from the date the lien is filed to the date of verdict.
Okla. Statute. Ann. tit. 12, _ 727. When ordered by the court, courtordered
child support payments and courtordered payments of suit moneys shall draw
interest at the rate of ten percent per year from the date they become
delinquent, and the interest shall be collected in the same manner as the
payments upon which the interest accrues. 43 Okla. Statute. Ann. tit. 43, _ 114.
Applicable Forms All correspondence must be on forms prescribed the
Administrative Director of Courts.

Oregon Laws

Oregon Procedural Requirements

The clerk of the court shall issue one or more writs of garnishment upon
proper application and payment of the appropriate fee. Issuance shall be by the
clerk of the court for the county in which a judgment was originally entered or,
if a judgment is from another jurisdiction and is registered in this Statutee,
the clerk of the court for the county in which the judgment was first filed in
this Statutee. Clerks will issue writs only for a person on whose behalf a
judgment requiring the payment of money has been entered in the register of
actions. Or. Rev. Statute. Ann. _ 29.137.

The form of the writ shall be substantially as provided in _ 29.145. Every
writ issued by the clerk must be signed by the plaintiff or the plaintiff’s
agent or attorney. The signature constitutes a certificate by the person under
Or. R. Civil. P. 17. The plaintiff or the plaintiff’s agent or attorney must
complete the writ form and supply the copies. Every writ issued by the clerk
must include or have attached a notice informing the defendant that the clerk
has not verified the figures in the writ. Or. Rev. Statute. Ann. _ 29.138.

An attorney who is an active member of the Oregon Statutee Bar may issue one
or more writs of garnishment for a person on whose behalf a judgment requiring
the payment of money has been entered in the register of actions of a court of
this Statutee. Or. Rev. Statute. Ann. _ 29.137.

The form of the writ shall be substantially as provided in _ 29.147. Every
writ issued by an attorney must be signed by the attorney. The signature
constitutes a certificate by the attorney under Or. R. Civil. P. 17.

The plaintiff must complete the writ form and supply the necessary copies.
Every writ issued by an attorney must include or have attached a notice
informing the defendant that the court has not verified the figures in the writ.
Or. Rev. Statute. Ann. _ 29.139. Property of a defendant in the possession of a
person other than the plaintiff or defendant shall be garnished by the delivery
of all of the following to such person: (1) a writ of garnishment or a true copy
thereof; (2) four additional copies of the writ of garnishment; and (3) any
garnishee’s search fee payable under _ 29.377. Or. Rev. Statute. Ann. _ 29.155.

To be valid, a writ of garnishment must be delivered to the garnishee either
by certified mail, return receipt requested or in person. The fee for delivery
of a writ of garnishment shall be no more than $12.50 if the writ if delivered
in a county with less than 400,000 population or $9.50 if the writ is delivered
in a county with not less than 400,000 population (determined by the most recent
decennial census). Or. Rev. Statute. Ann. _ 29.165. If the property is held by a
financial institution, property shall be garnished by delivering the writ of
garnishment to the manager, assistant manager or other designated person at any
office or branch of the financial institution where deposits are received or
that has been designated by the institution as a place for delivery of writs of
garnishment.

Delivery of a writ of garnishment to the manager, assistant manager or other
designated person at an office or branch of the financial institution described
in this paragraph is effective to garnish all property of the defendant held at
all offices and branches of the financial institution located in the Statutee.
Or. Rev. Statute. Ann. _ 29.185. Delivery of a writ of garnishment shall be
effective to garnish all property of the defendant which is in the garnishee’s
possession, control or custody at the time of delivery of the writ of
garnishment to the garnishee, including but not limited to property in safe
deposit boxes, stock, debts and other obligations then in existence and payable
in money, whether due or to become due, property held on expired and unexpired
bailments and leases, and property held by the garnishee pursuant to a security
interest granted by defendant to garnishee.

In addition to such rights as the garnishee may have at law, in equity or
otherwise, if the garnishee is a financial institution, the garnishee may,
following delivery of a writ of garnishment to the garnishee, set off such sums
as are due from defendant at the time the garnishee receives the writ of
garnishment. Or. Rev. Statute. Ann. _ 29.205.

Following delivery of a writ of garnishment to a garnishee, the person or
sheriff who mailed or delivered the writ of garnishment shall promptly mail or
deliver a copy of the writ of garnishment together with the notice of exemptions
and claim form to each defendant whose property is being garnished by said writ.
Or. Rev. Statute. Ann. _ 29.215. When a writ of garnishment is delivered to a
garnishee that is a financial institution, the plaintiff shall pay a garnishee’s
search fee of $5 to the garnishee unless the defendant is an employee of the
garnishee. The right of the garnishee to receive the search fee shall in no way
restrict or impair the right of a garnishee to charge and collect an additional
garnishment processing fee from any defendant whose property the garnishee holds
or to whom the garnishee owes a debt. Where the garnishee charges such a
garnishment processing fee, the garnishee may collect the fee by deducting the
amount thereof from any debt the garnishee owes to the defendant. Or. Rev.
Statute. Ann. _ 29.377.

The plaintiff may recover certain moneys expended to enforce a judgment from
garnishment proceedings before crediting the proceedings against the judgment
including: Garnishee’s search fees; Fees for delivery of writs of garnishment;
Circuit and district court fees; County court fees; County clerk recording fees;
and Costs of execution. Or. Rev. Statute. Ann. _ 29.367.

Interest Rate at which Judgments Accrue The rate of interest
on judgments for the payment of money is nine percent per annum. Interest on a
judgment accrues from the date of entry of the judgment unless the judgment
specifies another date. Interest on a judgment is simple interest. A judgment on
a contract bearing more than nine percent interest shall bear interest at the
same rate provided in the contract as of the date of entry of the judgment. Or.
Rev. Statute. Ann. _ 82.010. Applicable Forms Or. Rev. Statute. Ann. _ 29.145.
Or. Rev. Statute. Ann. _ 29.147. Or. Rev. Statute. Ann. _ 29.225.

Pennsylvania Procedural Requirements

A judgment shall be enforced by a writ of execution. Upon issuance of the
writ the prothonotary shall transmit it directly to the sheriff to whom it is
directed or upon plaintiff’s request deliver it to the plaintiff or his
representative for transmittal. Pa. R. Civil. P. 3103. Service of the writ shall
be made by the sheriff in the case of tangible personal property, by levy
thereon or, if the property is in possession of a third person who prevents a
levy or fails to make property of the defendant in his possession available to
the sheriff for levy, by serving him as garnishee. Upon levy or attachment, the
sheriff shall mail a copy of the writ to the execution defendant at his last
known address. The plaintiff shall provide the sheriff with copies of the writ
and envelopes for mailing properly stamped and addressed. The sheriff shall note
in his return the mailing of the writ and the date thereon. Pa. R. Civil. P.
3108.

The writ shall be served by the sheriff upon the garnishee in the manner
prescribed by Rule 402(a). The sheriff shall furnish the garnishee with an
additional copy of the writ for each defendant. Service of the writ upon the
garnishee shall attach all property of the defendant which may be attached under
the Rules of Civil Procedure which is in the possession of the garnishee. It
shall also attach all property of the defendant which comes into the garnishee’s
possession thereafter until judgment against him even though no such property of
the defendant was in his possession at the time of service. Service of the writ
shall also subject him to the mandate and injunctive orders of the writ
restraining him from paying any debt to or for the account of the defendant and
from delivering any property to the defendant which may be attached under the
Rules of Civil Procedure to anyone except the sheriff or otherwise disposing
thereof until further order of the court or discontinuance or termination of the
attachment. Pa. R. Civil. P. 3111.

Plaintiff at any time after judgment, before or after the issuance of a writ
of execution, may, for the purpose of discovery of assets of the defendant, take
the testimony of any person, including a defendant or a garnishee, upon oral
examination or written interrogatories as provided by the rules relating to
Deposition and Discovery. The prothonotary of the county in which judgment has
been entered or of the county within this Commonwealth where the deposition is
to be taken, shall issue a subpoena to testify. All reasonable expenses in
connection with the discovery may be taxed against the defendant as costs if it
is ascertained by the discovery proceeding that he has property liable to
execution. Pa. R. Civil. P. 3117.

The plaintiff shall pay to the sheriff all costs, charges and expenses
incident to the execution, the maintenance of the lien of the execution and the
preservation of the property. These items shall be deemed taxable costs for
refund to the plaintiff from the proceeds of any sale, except that the plaintiff
shall not be entitled to recover the costs in connection with writs determined
by the court to be unnecessary and oppressive. Pa. R. Civil. P. 3138.

The plaintiff may, at the time of issuance of the writ or thereafter, file
and serve interrogatories directed to the garnishee respecting property of the
defendant in his possession. The plaintiff may require the garnishee to include
in his answer, so far as relevant, the names and addresses of persons taking
part in any transaction, the specific amount of any debt, the value and location
of any property and the nature and amount of consideration given for any
transfer of property. The interrogatories shall contain a notice to answer
within twenty days after service. Pa. R. Civil. P. 3144.

Interest Rate at which Judgments Accrue Legal rate of
interest is six per cent per annum. Pa. Statute. Ann. tit. 41, _ 201. A judgment
for a specific sum of money shall bear interest at the lawful rate from the date
of the verdict or award, or from the date of the judgment, if the judgment is
not entered upon a verdict or award. 42 Pa. Cons. Statute. Ann. _ 8101.
Applicable Forms Pa. R. Civil. P. 3252. Pa. R. Civil. P. 3253.

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If you need legal advice in order to apply these statutes, don’t hesitate to consult with a judgment lawyer who is licensed in your state.

You can find links to the complete sets of statutes for all 50 states by clinking on this link:

http://www.enforcementinstitute.com/?p=80

Good luck applying judgment laws in order to enforce your judgment!

Bryan

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