Oklahoma Garnishment Rules

The federal government establishes laws and standards for debt collection, including wage garnishment, that all states must follow. As long as states meet federal minimums and standards, they can further regulate wage garnishment. Oklahoma follows federal law, with only a few state-specific rules.

Garnishment

Wage garnishment is a form of debt collection that is generally regarded as a last resort. In Oklahoma, a creditor can petition to have a debtor's wages garnished if the debtor owes money from a judgment or other court decision, if the debtor has not repaid a contract or, as in any state, if the debtor owes taxes, federal student loans, child support or alimony.

Petition

In order to garnish a debtor's wages, the creditor must petition an Oklahoma judge. If the judge grants the petition, a court order will be sent to the local sheriff, who will present the court order to the debtor's employer. Oklahoma usually puts a 180-day time limit on wage garnishments.

Exemptions

Oklahoma state law exempts 75 percent of the debtor's wages from garnishment. In other words, the creditor can take a maximum of 25 percent of the debtor's wages. Furthermore, the debtor can have a larger percentage exempted if they can demonstrate hardship (usually, this means demonstrating that the garnishment would prevent him from covering basic expenses). Under federal law, garnishment cannot push a debtor's weekly take-home wages under the weekly federal poverty rate. The rate changes every year, but is usually around thirty times the minimum wage.

Statute of Limitations

In order to garnish wages, the debt must be within Oklahoma's statute of limitations. In the state of Oklahoma, creditors can try to collect on an account (such as a credit card) for three years after the last due date, on a written contract five years after the last payment date stated in the contract and five years after a judgment.