Non Continuing And General Garnishees Answer Affidavit

In the District Court of _______________________ County State of Oklahoma __________________________ Plaintiff, vs. ____________________________ Defendant, and ____________________________ Garnishee ) ) ) ) ) ) ) ) ) ) ) ) Case No. _______________ Non­Continuing and General 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 and being sworn, state: 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 judgment debtor 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 judgment debtor or in which the judgment debtor had an interest because the employee/individual/judgment debtor was: (Please check appropriate response) ____ ____ ____ Not employed Employed but no amounts due; specify reason: _________________________________ _______________________________________________________________________ Other; specify: ___________________________________________________________ _______________________________________________________________________ American LegalNet, Inc. www.FormsWorkFlow.com 2. At the time of service of the garnishment summons or upon the date it became effective, the garnishee was indebted to the judgment debtor or had possession or control of the following property, money, goods, chattels, credits, negotiable instruments or effects belonging to the judgment debtor 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; _____ Upon conducting the review of the debtor's account(s) mandated by 31 CFR § 212.1 et. seq, garnishee has determined the account(s) contains $_________ unprotected funds, and $__________ protected funds. Specify type(s) of protected funds, and if more than one type, specify amount of each: _____ Other; specify: ___________________________________________________________ _______________________________________________________________________ Check here [___] if additional pages are necessary. 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. On __________________________, 20______, the garnishee mailed a copy of the Notice of Garnishment & Exemptions and Application for Hearing by first-class mail to the judgment debtor at: Address City State Date Mailed ______________________________________________ ______________________________________________ ________________________ Zip_________________ ______________________________________________ 4. Or, hand delivered the same to judgment debtor at: Judgment Debtor Place 5. ________________________________________ ________________________________________ The garnishee makes the following claim of exemption on the part of the judgment debtor, or has the following objections, defenses, or setoffs to judgment creditor's right to apply garnishee's indebtedness to judgment debtor upon judgment creditor's claim: _______________________________________________________________________________________ Check here [___] if additional pages are necessary. By:_______________________________________ Title:______________________________________ Date:_______________________________ Subscribed and sworn to before me on this _________ day of ________________________, 20_____. ___________________________________ Notary Public My commission expires: ___________________________________ AOC Form American LegalNet, Inc. www.FormsWorkFlow.com Revised 5/2011 Calculation for Non-Continuing Garnishment of Earnings For the pay period in effect at the time of said service: 1. (a) Enter the pay period of judgment debtor (weekly, biweekly, semimonthly, monthly, or other) If other, please describe: ____________________________ (b) Enter the date the judgment debtor's present pay period began (present pay period means the pay period for which the calculation is made): (c) Enter the date the judgment debtor's present pay period ends: 1(a) ______________ 1(b) ______________ 1(c) ______________ 2. (a) Enter the gross earnings for entire pay period: (b) Calculate deductions from said amount as required by law: (2(b) is the total of i, ii, and iii) i. Federal income tax withholding __________ ii. FICA income tax withholding __________ iii. State income tax withholding __________ 2(a) ______________ 2(b) ______________ (c) Net earnings: 2(a) less 2(b): 3. (a) If judgment debtor is subject to withholding for child support garnishment or income assignment, enter maximum allowable percentage (50%, 55%, 60% 65%) (b) Enter actual percentage withheld: (c) Subtract 3(b) from 3(a) and enter percentage: (d) Enter the lesser of 25% or line 3(c) here (if no child support or income assignment, enter 25%): 2(c) ______________ 3(a) ______________ 3(b) ______________ 3(c) ______________ 3(d) ______________ 4. Multiply the percentage in 3(d) times the net earnings in 2(c) and enter: 4. _______________ 5. (a) Multiply and enter the present federal minimum wage as follows: Weekly or more often by 30; Biweekly by 60; Semimonthly by 65; Monthly by 130. 5(a) ______________ For any other pay period, increase the multiple for a weekly pay period using the assumption that a month contains 4­1/3 weeks. (b) Subtract the amount on line 5(a) from the amount on line 2(c): 5(b) _____________ American LegalNet, Inc. www.FormsWorkFlow.com 6. Enter the smaller of the amounts entered on line 4 or 5(b). Pay this amount to the attorney fo