§ 1196.Judgment - Garnishee Liability to Defendant

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

In one sentenceSection 1196 lets a plaintiff who disputes a garnishee's answer serve the defendant with copies of the answer and the notice contesting it, so that the court's ruling on the garnishee's liability binds the defendant in any later suit against the garnishee, whether or not he took part.

Full Text of § 1196

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If the plaintiff takes issue with the answer of the garnishee, the plaintiff may have a copy of the garnishee's answer and a copy of the plaintiff's notice which takes issue with the answer served on the defendant. If the defendant is served copies of the garnishee's answer and the plaintiff's notice, the determination of the court as to the liability of the garnishee to the defendant will be binding on the defendant in any future action involving him and the garnishee whether or not the defendant participates in the trial of the issues raised by the garnishee's answer.

End

Amendment History

Laws 1976, HB 1927, c. 87, § 9, emerg. eff. 5/4/1976.

Plain-English Summary

When the plaintiff takes issue with what the garnishee's answer says, he may serve the defendant with a copy of that answer and a copy of his own notice disputing it. Once the defendant has those copies, the court's determination of the garnishee's liability to the defendant becomes binding on the defendant.

That binding effect reaches any future action between the defendant and the garnishee, and it applies whether or not the defendant takes part in the trial of the issues the garnishee's answer raised.

Frequently Asked Questions

What happens if the plaintiff disagrees with what the garnishee says he owes?

The plaintiff may serve the defendant with a copy of the garnishee's answer and the plaintiff's notice taking issue with it.

Is the defendant bound by the court's ruling on the garnishee's liability?

Yes -- once served with those copies, the defendant is bound by the court's determination in any future action between him and the garnishee, even if he didn't take part in the trial.

Does the defendant have to participate in the trial to be bound?

No. The statute binds him "whether or not" he participates.

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 answer dispute oklahomabinding effect of garnishment judgment on defendantplaintiff takes issue with garnishee answer12 O.S. § 1196