Oklahoma residents who are facing wage garnishment from a creditor should be aware of their rights under Oklahoma law. Both state and federal laws limit the amount that can be garnished from your paycheck. If the garnishment is for child support or unpaid taxes, the allowable amounts can exceed the federal limit.
Debt Garnishment
Garnishment laws for debt collection in Oklahoma follow federal law. The garnishment can be no more than 25 percent of your weekly pay, and you must have at least 30 times the federal minimum wage left. If your paycheck is less than 30 times the federal minimum wage, no garnishment can take place. For a garnishment to be enforced, an affidavit must be filed with the court and a judgment ordered.
Child Support Garnishment
Oklahoma law permits up to 60 percent of your paycheck to be garnished for child support if you are not financially supporting your spouse or another dependent child. If you are supporting your spouse or a dependent child not subject to the child support garnishment, only 50 percent of your paycheck can be garnished.
Time Frame
In Oklahoma, garnishments are established for periods up to six months. At the end of that time, the creditor will need to file another affidavit with the court to obtain another judgment. The creditor can also charge interest on the unpaid balance. In Oklahoma, this amount is limited to 4 percent above the U.S. Treasury Bill Rate.
Job Protection
Your employer cannot fire you if you are subject to wage garnishment. Although you can still be terminated for other reasons, federal law protects you from losing your job simply because there is a judgment for a garnishment against you.
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