Garnishment Requirements in Oklahoma

Oklahoma has certain requirements regarding wage garnishment.

If an individual in the United States refuses or is unable to pay his debts, there are certain methods that can be taken to ensure payment, particularly if he has a job and is earning money. Wage garnishment is one method used to exact payment from an employed debtor. Each state in the U.S. has its own regulations and requirements when it comes to wage garnishment, and Oklahoma is no exception.

Maximum Allowable Garnishment

The state of Oklahoma follows federal statutes when it comes to the maximum garnishment that a creditor may collect. Thus, only 25 percent of a debtor's disposable income may be garnished each week. Disposable income includes all usable wages earned after state and federal taxes. And in certain cases where a debtor's extreme need can be proved, the maximum allowable percentage of 25 percent could be reduced.

Reasons for Garnishment

Only certain debts and creditors may garnish a person's wages in Oklahoma, and these are only enforceable within a certain time frame, known as the statute of limitations, from when the debt was incurred. This includes an open credit card account (with a statute of limitations of three years), a written contract (five years), a judgment in U.S. court (renewable five-year limit) or a foreign court judgment (three years). In all of these cases, the court of Oklahoma must rule in favor of wage garnishment.

Garnishment Without Ruling

Outstanding student loan payments could be garnished from wages.

In certain cases, wages may be garnished without a court judgment in Oklahoma. This includes cases where the debtor owes federal or state taxes, where she owes payments on federal student loans or where there are outstanding or ongoing child support or spousal support payments due.

References

• Oklahoma State Courts Network: Garnishment and Attachment
• BCS Alliance: Wage Garnishments and Bankruptcy Exemptions for Oklahoma