2019 Oklahoma Statutes
Title 12. Civil Procedure
§12-1190. Costs - Attorney fee.
A. 1. A garnishee may deduct a fee of Ten Dollars ($10.00) from the funds of the judgment debtor in the garnishee's possession as reimbursement for costs incurred in answering a garnishment issued pursuant to subparagraph a, b, c, d or e of paragraph 2 of subsection B of Section 1171 of this title, except as to garnishments set out in paragraph 2 of this subsection. If the garnishee is not indebted to the judgment debtor and the garnishee's answer evidencing that is filed and mailed or delivered to the judgment creditor or to the judgment creditor's attorney of record, the garnishee may assess the judgment creditor a fee of Ten Dollars ($10.00) as reimbursement for such costs. Any fee paid to a garnishee pursuant to this paragraph shall be taxed and collected as costs.
2. A judgment creditor shall remit a fee of Twenty-five Dollars ($25.00) as reimbursement for costs incurred in answering a garnishment issued pursuant to subparagraph d of paragraph 2 of subsection B of Section 1171 of this title to garnishees which are federally insured depository institutions. Such fee shall be delivered to the garnishee with the garnishment summons. Any fee paid to a garnishee pursuant to this paragraph shall be taxed and collected as costs.
B. 1. In case of the trial of any issue between the judgment creditor and any garnishee, costs shall be awarded to the judgment creditor and against the garnishee, in addition to the garnishee's liability, if the judgment creditor recovered more than the garnishee admitted by the garnishee's answer; and if the judgment creditor does not, the garnishee shall recover costs from the judgment creditor. The costs shall include a reasonable attorney fee to be taxed in favor of the prevailing party.
2. In the case of the trial to determine the amount to be recovered for due and owing child support, where any liability on the part of the garnishee is disclosed, costs shall be awarded to the judgment creditor and against the judgment debtor, including a reasonable attorney fee.
C. In all other cases under this article not expressly provided for, the court may, in its discretion, award costs in favor of or against any party.
D. In addition to sums otherwise due pursuant to a judgment, a judgment creditor, if represented by an attorney, shall be entitled to an attorney fee of Fifty Dollars ($50.00) for prosecuting a garnishment pursuant to subparagraphs b, c and d of paragraph 2 of subsection B of Section 1171 of this title, and an attorney fee of One Hundred Dollars ($100.00) for prosecuting a garnishment pursuant to subparagraph e of paragraph 2 of subsection B of Section 1171 of this title, not to exceed a total of Two Hundred Dollars ($200.00) in any calendar year.
R.L. 1910, § 4840. Amended by Laws 1965, c. 297, § 15; Laws 1978, c. 190, § 5, eff. Oct. 1, 1978; Laws 1986, c. 185, § 10, eff. Sept. 1, 1986; Laws 1992, c. 156, § 2, eff. Sept. 1, 1992; Laws 1995, c. 338, § 16, eff. Nov. 1, 1995; Laws 1999, c. 293, § 17, eff. Nov. 1, 1999; Laws 2002, c. 26, § 1, emerg. eff. April 5, 2002; Laws 2011, c. 187, § 8, eff. Nov. 1, 2011; Laws 2016, c. 248, § 2, eff. Nov. 1, 2016.
