§ 1185.Liability of Garnishee

Chapter 21: Garnishment and Attachment · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 1185 fixes a garnishee's liability to the plaintiff, starting at service of the garnishment summons, at the property, money, and debts owed to the defendant that the garnishee holds, capped at the plaintiff's claim plus costs and damages.

Full Text of § 1185

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From the time of the service of the summons upon the garnishee he shall stand liable to the plaintiff to the amount of the property, monies, credits and effects in his possession or under his control, belonging to the defendant or in which he shall be interested, to the extent of his right or interest therein, and of all debts due or to become due to the defendant, except such as may be by law exempt from execution. Any property, monies, credits and effects held by a conveyance or title void as to the creditors of the defendant, shall be embraced in such liability. In case such monies, credits and effects in the possession or under the control of the garnishee shall exceed the amount of the plaintiff's claim, the garnishee shall stand liable to the plaintiff only for the amount of the plaintiff's claim as disclosed by the garnishment affidavit, together with such further amount as shall be equal to all costs and damages, which the plaintiff may recover in the action and garnishment proceedings.

End

Amendment History

R.L. 1910, § 4835.

Plain-English Summary

Once the garnishment summons is served, the garnishee becomes liable to the plaintiff for the defendant's property, money, credits, and effects in the garnishee's possession or control, and for debts the garnishee owes the defendant now or in the future -- except debts the law exempts from execution. That reach extends to property the defendant transferred under a conveyance that's void as to his creditors, so a garnishee can't shield the defendant's assets just because title passed through a fraudulent transfer.

The garnishee's exposure isn't unlimited. If the property and debts in the garnishee's hands exceed what the plaintiff is owed, the garnishee's liability stops at the amount stated in the plaintiff's garnishment affidavit, plus whatever costs and damages the plaintiff recovers in the underlying action and the garnishment proceeding.

Frequently Asked Questions

When does a garnishee become liable under Oklahoma law?

From the moment the garnishment summons is served on him.

Does the garnishee have to hand over everything he owes the defendant?

No. His liability caps at the amount stated in the plaintiff's garnishment affidavit, plus recoverable costs and damages, even if he holds more than that.

What if the defendant transferred property to hide it from creditors?

It still counts. Property, money, credits, or effects held under a conveyance or title that's void as to the defendant's creditors falls within the garnishee's liability.

Are exempt debts covered by this liability?

No. Debts the law exempts from execution aren't included.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source

Also known as: garnishee liability oklahomawhat a garnishee owes the plaintiffgarnishment summons service liability12 O.S. § 1185