§ 1188.Bond By Defendant

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

In one sentenceSection 1188 lets a defendant post a bond, backed by at least two resident-freeholder sureties collectively worth double the bond amount, to guarantee payment of any judgment, and gives the plaintiff three days after notice of the bond to challenge the sureties or lose the right to object.

Full Text of § 1188

Text size

The defendant may, at any time after the garnishment affidavit is filed, and before judgment, file with the clerk of the court an undertaking, executed by at least two sureties, resident freeholders of the state, to the effect that they will, on demand, pay to the plaintiff the amount of the judgment that may be recovered against such defendant in the action, with all costs not exceeding a sum specified, which sum shall not be less than double the amount demanded by the complaint on file, or in such less sum as the court shall, upon application, direct. The sureties shall justify their responsibility by affidavit annexed stating a sum which each is worth, in property within this state, over and above all his debts and liabilities and property exempt from execution, the aggregate of which sums shall be double the amount specified in the undertaking. The defendant shall serve a copy of such undertaking, with a notice where and when the same was filed, on the plaintiff. Within three (3) days after the receipt thereof the plaintiff shall give notice to the defendant that he excepts to the sufficiency of the sureties, or he shall be deemed to have waived all objections to them.

End

Amendment History

R.L. 1910, § 4838.

Plain-English Summary

Any time after the garnishment affidavit is filed and before judgment, the defendant may file an undertaking with the clerk, signed by at least two sureties who are resident freeholders of the state, promising to pay the plaintiff's judgment and costs. The bond has to run at least double the amount demanded in the complaint, unless the court sets a lower figure on application. Each surety swears by affidavit to a net worth in state property -- above debts and exempt property -- that together doubles the bond amount.

The defendant serves the plaintiff a copy of the bond and notice of when and where it was filed. The plaintiff then has three days from receiving that notice to object to the sureties' sufficiency; staying silent waives the objection.

Frequently Asked Questions

When can a defendant post this bond?

Any time after the garnishment affidavit is filed and before judgment.

How much does the bond have to cover?

At least double the amount demanded in the complaint, unless the court sets a smaller sum on application.

Who can act as a surety on this bond?

At least two sureties who are resident freeholders of the state, each swearing to a net worth in state property that, combined, doubles the bond amount.

How long does the plaintiff have to challenge the sureties?

Three days after receiving the copy and notice of filing, or he's deemed to have waived any objection.

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: defendant bond garnishment oklahomasureties requirements garnishment bondhow to release funds held in garnishment12 O.S. § 1188