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OKLAHOMA Judgment Enforcement

See Oklahoma Judgment Enforcement Law below.

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Judgments and Enforcement:

 

A judgment issued by the State of Oklahoma becomes dormant five (5) years after its entry if no execution is issued and filed with the Court within that period.   (12-735.)  It may become a lien on the real property of a judgment debtor within the county upon the filing of a Statement of Judgment made by the judgment creditor or its attorney substantially in the form prescribed by the Administrative Director of the Courts. A judgment lien may affect and attach to all real property of the judgment debtor including his homestead except that a homestead is exempt from forced sale pursuant to Section 1 of Title 31 of the Oklahoma Statutes. (12-706B.)

A judgment debtor's land, tenements, goods and chattels, not exempt by law, are subject to payment of debt and liable to be taken on execution and sold.  (12-733.)  In addition, the earnings of a judgment debtor may also be subject to garnishment and a continuing lien in the manner as provided under Section 1173 of the Civil Procedure which prescribes a garnishment summons procedure.  The amount of earnings which may be withheld under this procedure may not exceed 25% of the judgment debtor's earnings.   (12-1173.)  In a consumer credit transaction, the amount of wages withheld may not exceed the lesser of (a) twenty-five percent (25%) of his disposable earnings for that week; or (b) the amount by which his disposable earnings for that week exceed thirty times the federal minimum hourly wage prescribed by Section 6(a) (1) of the Fair Labor Standards Act of 1938, U.S.C. Title 29, Section 206 [29-206](a)(1), in effect at the time the earnings are payable. Pre-judgment wage garnishment, however, is not permitted.   (14A-5-105(2).)

Any person may confess judgment by personally appeared in a court of competent jurisdiction, and with the assent of the creditor.  (12-689.)  An affidavit of the defendant must be filed, stating concisely the facts on which the indebtedness is justly due and owing by the defendant to the plaintiff.  (12-692.)  Upon the filing of such affidavit, the clerk may enter a judgment by confession.  Such judgment may be enforced in the same manner as other judgments rendered in actions regularly brought and prosecuted; and the confession operates as a release of errors. (12-693.)

Foreign Judgment:

The State of Oklahoma generally adopts the Uniform Enforcement of Foreign Judgments Act. (12-719. et seq.)  Any judgment, decree or order of a court of the United States or of any other court is entitled to full faith and credit in the State of Oklahoma   (12-720.)

A judgment creditor seeking to enforce a foreign judgment may file with the appropriate court, an authenticated copy of the foreign judgment and an affidavit showing the name and last known post office address of the judgment debtor and the judgment creditor.   Promptly upon the filing of the foreign judgment and the affidavit, the clerk of the court and the creditor are required to mail a written notice of the filing of the foreign judgment to the judgment debtor at the address given. The notice must include the name and post office address of the judgment creditor and, if the judgment creditor has an attorney in this state, the attorney's name and address.  Lack of mailing notice of filing by the clerk does not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed. (12-722)   No execution or other process for enforcement of a foreign judgment may be issued until 20 days after the mailing of the notice to the judgment debtor.  (12-722(c).)   A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment of a court in the State of Oklahoma and may be enforced or satisfied in like manner. (12-721.)

Interest:

    Legal rate:  6% per annum in the absence of any contract prescribing interest rate.  (15-266.)

     Written Contract rate:  Parties may agree to any rate as may be authorized by law.  (15-266.)

    Judgment rate: 10% per annum if no rate is specified.  If a rate of interest is specified in a contract, the contract rate applies so long as it does not exceed such rate as permitted by law.  (12-727.)  
     

Exemptions:

In general, a debtor may claim exemption of his homestead and certain personal property from attachment or execution or forced sale for the payment of debts.

A debtor's homestead within any city or town, owned and occupied as a residence only, or used for both residential and business purposes, may consist of not exceeding one (1) acre of land, to be selected by the debtor. To qualify for this exemption, at least 75% of the total square foot area of the improvements for which a homestead exemption is claimed must be used as the debtor's principal residence.  If more than 25% of the total square foot area of the improvements for which a homestead exemption is claimed is used for business purposes, the homestead exemption amount shall not exceed Five Thousand Dollars ($5,000.00).  (31-2C.)   The homestead of a debtor which is not within any city or town, annexed by a city or town on or after November 1, 1997, owned and occupied and used for both residential and commercial agricultural purposes, may consist of not more than one hundred sixty (160) acres of land, which may be in one or more parcels, to be selected by the debtor.  (31-2B.)

Personal property which may be exempt, with or without value limitation, from attachment or execution, by the debtor or his dependent, may include all household and kitchen furniture held primarily for the personal, family or household use; any lot or lots in a cemetery held for the purpose of sepulcher; implements of husbandry necessary to farm the homestead; tools, apparatus and books used in any trade or profession; all books, portraits and pictures that are held primarily for the personal, family or household use; wearing apparel not to exceed $4,000 in aggregate value; professionally prescribed health aids; 5 milk cows and their calves under 6 months old; 100 chickens; 2 horses and 2 bridles and 2 saddles; one motor vehicle not to exceed $3,000 in value; one gun; 10 hogs, 20 head of sheep; all provisions and forage on hand, or growing for home consumption, and for the use of exempt stock for one (1) year; 75% of all current wages or earnings for personal or professional services earned during the last ninety (90) days, except as provided in Title 12 of the Oklahoma Statutes in garnishment proceedings for collection of child support; right to receive alimony, support, separate maintenance or child support payment to the extent reasonably necessary for the support of debtor and his dependent; qualified retirement plans; interest in a claim for personal bodily injury, and death or workers' compensation, for a net amount not to exceed $50,000, but not including any claim for exemplary or punitive damages. (31-1A)

Under the Oklahoma Statutes, no natural person residing in the state may exempt from the property of the estate in any bankruptcy proceeding the property specified in subsection (d) of Section 522 of the Bankruptcy Reform Act of 1978, Public Law 95-598, 11 U.S.C.A. 101 et seq. (31-1B)

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