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In the District Court of McIntosh County
State of Oklahoma
“Spal James?
Plaintiff/Judgmnt Creditor,
as.
Uzi
case No. SC-O0 JUN 22 2020
int/Judgment Debtor,
and
“oe <
Sue's Keexclhers
Garnishee og
Continuing Garnishee’s Answer/Affidavit
State of Oklahoma )
County of ) ss
I, , (garnishee or individual answering on behalf of garnishee), in
answer to a garnishment summons served on the day of 20. , and having
knowledge of the facts, hereby swear or affirm:
+. If Garnishee is an Individual:
That garnishee is an individual, whose full legal name is ___, and that garnishee does business under the
name of .
«. If Garnishee is a Partnership:
That garnishee is , a partnership composed of the following
persons:
+ — If Garnishee is a Corporation:
That garnishee is , a corporation, organized under the
laws of the state of , and the official title of the person answering on
behalf of garnishee is
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 defendant 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 defendant or in
which the defendant had an interest because the employee/individual/defendant was: (Please check
appropriate response)
Not employed
Employed but no amounts due; specify reason:
other (specity): Abandoned. feb Yno/ 70
|~AOC Form - Continuing Earnings Garnishee’s Answer & Calculation Revised
01/01/2019
2. At the time of service of the garnishment summons or upon the date it became effective, the garnishee was
indebted to the defendant or had possession or control of the following property, money, goods, chattels, credits,
negotiable instruments or effects belonging to the defendant 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 , 20, the garnishee mailed a copy of the Notice of Garnishment &
Exemptions and Application for Hearing by first-class mail to the defendant at:
Address.
City
State Zip.
Date Mailed
Or, hand delivered the same to defendant at:
Defendant
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 defendant, or has the following
objections, defenses, or setoffs to plaintiff's right to apply garnishee’s indebtedness to defendant upon plaintiff's
claim:
Check here if additional pages are necessary.
By: Date:
Title:
Subscribed and sworn to before me on this day of , 20
Notary Public
My commission expires:
Note: A continuing garnishment remains in effect until one of the following occurs: (1) the judgment is vacated,
modified or paid in full; (2) the summons is dismissed; or (3) 180 days from the effective date of the summons have
elapsed. If a pay period begins within 180 days but ends after the expiration, the pay period is subject to the
garnishment. See 12 0.S. § 1173.4.1 (a)
AOC Form - Continuing Earnings Garnishee's Answer & Calculation Revised
01/01/2019
De er
Enter the present pay period of defendant (weekly, biweekly,
semimonthly, or other). \f other, please describe:
Calculation for Continuing Garnishment of Earnings
1(b)
Enter the date the defendant’s present pay period began (“present pay
period” means the pay period for which this garnishment calculation is
made)
Enter the date the defendant’s present pay period ends
lante
Enter the defendant's gross earnings for the entire pay period
Deductions from gross earnings as required by la’
TOTAL Deductions - (2(b) is the total of i,
Subtract 2(b) from 2(a). This is Defendant’s Net Earnings
If Defendant is NOT subject to child support garnishment or income'
assignment, SKIP to line 3(d) and enter 25%. Otherwise, enter 25% here.
25%
Enter the percentage of defendant’s income being withheld for child
support garnishment &/or income assignment
Subtract line 3(b) from 3(a) and enter percentage. /f line 3(b) is more than)
line 3(a), enter -0-.
available funds for the plaintiff).
Enter the lesser of 25% or line 3(c). /f NO child support garnishment or
income assignment, enter 25% here. This is the available garnishment
percentage. If line 3(d) is -O-, skip to line 6 and enter -O- (there are no
Multiply the percentage in 3(d) times the net earnings in 2(c)
5 (a)
Multiply the present federal minimum hourly wage as follows for th
defendant’s pay period (Minimum wage x multiplier below)
emi-monthly by 65 Monthly by 130
For any other pay period, increase th: for a weekly pay period
assumption that a month contains 4 :
5 (b)
Subtract line 5(a) from line 2(c). if line 5(a) is more than line 2(c), enter -O-GARNISHMENT AMOUNT - Enter the lesser of line 4 or line 5(b). Pay this
amount to the attorney for plaintiff, or to plaintiff if not represented by an
6 attorney. If -O-, then there are no available funds for plaintiff.
Original Answer: When completed, Garnishee must mail each original answer and calculation form to the Clerk of the
District Court, at the county courthouse where this matter is filed. An answer and calculation form is required for each
pay period which is subject to the continuing earnings garnishment.
Payment: Garnishee must send a check for the amount garnished with a copy of Garnishee’s answer and calculation
form to the attorney for plaintiff, or to the plaintiff if there is no attorney (check one box and show the address used in
the mailing): D1 Attorney for Plaintiff 0 Plaintiff
Address:
Revised 01/01/2019
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In the District Court of McIntosh County State of Oklahoma “Spal James? Plaintiff/Judgmnt Creditor, as. Uzi case No. SC-O0 JUN 22 2020 int/Judgment Debtor, and “oe < Sue's Keexclhers Garnishee og Continuing Garnishee’s Answer/Affidavit State of Oklahoma ) County of ) ss I, , (garnishee or individual answering on behalf of garnishee), in answer to a garnishment summons served on the day of 20. , and having knowledge of the facts, hereby swear or affirm: +. If Garnishee is an Individual: That garnishee is an individual, whose full legal name is ___, and that garnishee does business under the name of . «. If Garnishee is a Partnership: That garnishee is , a partnership composed of the following persons: + — If Garnishee is a Corporation: That garnishee is , a corporation, organized under the laws of the state of , and the official title of the person answering on behalf of garnishee is 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 defendant 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 defendant or in which the defendant had an interest because the employee/individual/defendant was: (Please check appropriate response) Not employed Employed but no amounts due; specify reason: other (specity): Abandoned. feb Yno/ 70 |~AOC Form - Continuing Earnings Garnishee’s Answer & Calculation Revised 01/01/2019 2. At the time of service of the garnishment summons or upon the date it became effective, the garnishee was indebted to the defendant or had possession or control of the following property, money, goods, chattels, credits, negotiable instruments or effects belonging to the defendant 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 , 20, the garnishee mailed a copy of the Notice of Garnishment & Exemptions and Application for Hearing by first-class mail to the defendant at: Address. City State Zip. Date Mailed Or, hand delivered the same to defendant at: Defendant 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 defendant, or has the following objections, defenses, or setoffs to plaintiff's right to apply garnishee’s indebtedness to defendant upon plaintiff's claim: Check here if additional pages are necessary. By: Date: Title: Subscribed and sworn to before me on this day of , 20 Notary Public My commission expires: Note: A continuing garnishment remains in effect until one of the following occurs: (1) the judgment is vacated, modified or paid in full; (2) the summons is dismissed; or (3) 180 days from the effective date of the summons have elapsed. If a pay period begins within 180 days but ends after the expiration, the pay period is subject to the garnishment. See 12 0.S. § 1173.4.1 (a) AOC Form - Continuing Earnings Garnishee's Answer & Calculation Revised 01/01/2019 De er Enter the present pay period of defendant (weekly, biweekly, semimonthly, or other). \f other, please describe: Calculation for Continuing Garnishment of Earnings 1(b) Enter the date the defendant’s present pay period began (“present pay period” means the pay period for which this garnishment calculation is made) Enter the date the defendant’s present pay period ends lante Enter the defendant's gross earnings for the entire pay period Deductions from gross earnings as required by la’ TOTAL Deductions - (2(b) is the total of i, Subtract 2(b) from 2(a). This is Defendant’s Net Earnings If Defendant is NOT subject to child support garnishment or income' assignment, SKIP to line 3(d) and enter 25%. Otherwise, enter 25% here. 25% Enter the percentage of defendant’s income being withheld for child support garnishment &/or income assignment Subtract line 3(b) from 3(a) and enter percentage. /f line 3(b) is more than) line 3(a), enter -0-. available funds for the plaintiff). Enter the lesser of 25% or line 3(c). /f NO child support garnishment or income assignment, enter 25% here. This is the available garnishment percentage. If line 3(d) is -O-, skip to line 6 and enter -O- (there are no Multiply the percentage in 3(d) times the net earnings in 2(c) 5 (a) Multiply the present federal minimum hourly wage as follows for th defendant’s pay period (Minimum wage x multiplier below) emi-monthly by 65 Monthly by 130 For any other pay period, increase th: for a weekly pay period assumption that a month contains 4 : 5 (b) Subtract line 5(a) from line 2(c). if line 5(a) is more than line 2(c), enter -O-GARNISHMENT AMOUNT - Enter the lesser of line 4 or line 5(b). Pay this amount to the attorney for plaintiff, or to plaintiff if not represented by an 6 attorney. If -O-, then there are no available funds for plaintiff. Original Answer: When completed, Garnishee must mail each original answer and calculation form to the Clerk of the District Court, at the county courthouse where this matter is filed. An answer and calculation form is required for each pay period which is subject to the continuing earnings garnishment. Payment: Garnishee must send a check for the amount garnished with a copy of Garnishee’s answer and calculation form to the attorney for plaintiff, or to the plaintiff if there is no attorney (check one box and show the address used in the mailing): D1 Attorney for Plaintiff 0 Plaintiff Address: Revised 01/01/2019