Author Topic: Oklahoma Judgment -- Expired or Not?  (Read 1865 times)

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2confused

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Oklahoma Judgment -- Expired or Not?
« on: July 21, 2010 03:18:44 PM »
July 2005 -- Default judgment entered against me in Oklahoma (not for child support)
January 2006 -- Replied to Post-Judgment Interrogatories -- Question 3 asked for information on all bank accounts. I replied that I had no open bank accounts.
April 2006 -- Garnishment sent to a bank where I had previously had an account. Bank answered no account.
July 2010 -- The five year mark from the judgment has now passed, and renewal was not filed.

Has the judgment expired, or does it not expire until April 2011 because they sent a garnishment summons to a bank where I no longer had an account? Anyone know?

12 OS 735 says:
A. A judgment shall become unenforceable and of no effect if, within five (5) years after the date of filing of any judgment that now is or may hereafter be filed in any court of record in this state:
1. Execution is not issued by the court clerk and filed with the county clerk as provided in Section 759 of this title;
2. A notice of renewal of judgment substantially in the form prescribed by the Administrative Director of the Courts is not filed with the court clerk;
3. A garnishment summons is not issued by the court clerk; or
4. A certified copy of a notice of income assignment is not sent to a payor of the judgment debtor.

B. A judgment shall become unenforceable and of no effect if more than five (5) years have passed from the date of:
1. The last execution on the judgment was filed with the county clerk;
2. The last notice of renewal of judgment was filed with the court clerk;
3. The last garnishment summons was issued; or
4. The sending of a certified copy of a notice of income assignment to a payor of the judgment debtor.

C. This section shall not apply to judgments against municipalities or to child support judgments by operation of law.

itsmeagain

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Re: Oklahoma Judgment -- Expired or Not?
« Reply #1 on: July 21, 2010 03:39:02 PM »
July 2005 -- Default judgment entered against me in Oklahoma (not for child support)
January 2006 -- Replied to Post-Judgment Interrogatories -- Question 3 asked for information on all bank accounts. I replied that I had no open bank accounts.
April 2006 -- Garnishment sent to a bank where I had previously had an account. Bank answered no account.
July 2010 -- The five year mark from the judgment has now passed, and renewal was not filed.

Has the judgment expired, or does it not expire until April 2011 because they sent a garnishment summons to a bank where I no longer had an account? Anyone know?

12 OS 735 says:
A. A judgment shall become unenforceable and of no effect if, within five (5) years after the date of filing of any judgment that now is or may hereafter be filed in any court of record in this state:
1. Execution is not issued by the court clerk and filed with the county clerk as provided in Section 759 of this title;
2. A notice of renewal of judgment substantially in the form prescribed by the Administrative Director of the Courts is not filed with the court clerk;
3. A garnishment summons is not issued by the court clerk; or
4. A certified copy of a notice of income assignment is not sent to a payor of the judgment debtor.

B. A judgment shall become unenforceable and of no effect if more than five (5) years have passed from the date of:
1. The last execution on the judgment was filed with the county clerk;
2. The last notice of renewal of judgment was filed with the court clerk;
3. The last garnishment summons was issued; or
4. The sending of a certified copy of a notice of income assignment to a payor of the judgment debtor.

C. This section shall not apply to judgments against municipalities or to child support judgments by operation of law.

If we are to read the letter of the law (see bolded portion), whether the garnishment summons was honored or not does not nullify the fact that one was issued (assuming it WAS issued by the court clerk and not just a garnishment form mailed by the creditor to the bank).

Perhaps you could file a motion to have the garnishment summons quashed because the creditor knew or should have known there was no account to attach but, without such an order, the law appears to be clear.

Hence, it would not expire until April, 2011.


maylaur

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Re: Oklahoma Judgment -- Expired or Not?
« Reply #2 on: July 21, 2010 03:54:56 PM »
Do you have a copy of the case file?  If there was a court-issued garnishment, it will be in there. 
Anything I post is from my own personal experience, and might not apply to your own situation. 
I do not offer legal advice; for that, please consult a lawyer.

2confused

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Re: Oklahoma Judgment -- Expired or Not?
« Reply #3 on: July 21, 2010 04:16:02 PM »
Quote
If we are to read the letter of the law (see bolded portion), whether the garnishment summons was honored or not does not nullify the fact that one was issued (assuming it WAS issued by the court clerk and not just a garnishment form mailed by the creditor to the bank).

Perhaps you could file a motion to have the garnishment summons quashed because the creditor knew or should have known there was no account to attach but, without such an order, the law appears to be clear.

Hence, it would not expire until April, 2011.

It WAS issued by the court clerk. Oklahoma has a great court website (OSCN) where you can check the status. Your response is along the lines of what I was thinking.

Thanks!

Anyone know a good attorney in Oklahoma?

Admin6572

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Re: Oklahoma Judgment -- Expired or Not?
« Reply #4 on: July 21, 2010 04:47:36 PM »
Debtorboards does not allow the recommendation of specific attorneys.

To find an attorney in your area, we recommend the NACA website.

 

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