Okla. Admin. Code § 160:25-1-2

Current through Vol. 42, No. 4, November 1, 2024

Section 160:25-1-2 - Limitation on garnishment of earnings for pay periods other than a week

(a) For a pay period other than a week, the maximum part of aggregate disposable earnings subject to garnishment to enforce payment of a judgment arising from a consumer credit sale, consumer lease, or consumer loan is:

(1) the amount above $127.50 if an individual's disposable earnings for a workweek or lesser period are more than $127.50, but less than $170.

(2) 25% of an individual's disposable earnings if an individual's disposable earnings for a workweek or less are $170 or more.

(3) the amount above $255 if an individual's disposable earnings for a 2-week period are more than $255, but less than $340.

(4) 25% of an individual's disposable earnings if an individual's disposable earnings for a 2-week period are $340 or more.

(5) the amount above $276.25 if an individual's disposable earnings for a semi-monthly period are more than $276.25, but less than $368.33.

(6) 25% of an individual's disposable earnings if an individual's disposable earnings for a semi-monthly period are $368.33 or more.

(7) the amount above $552.50 if an individual's disposable earnings for a month are more than $552.50, but less than $736.67.

(8) 25% of an individual's disposable earnings if an individual's disposable earnings for a month are $736.67 or more.

(b) The dollar amounts in (a) are based on the federal minimum wage of $4.25 so when the minimum wage increases the proportionate amount of earnings which may not be garnished also increases. To calculate the dollar amount of disposable earnings which would not be subject to garnishment, you multiply the number of workweeks or fractions thereof, by the applicable federal minimum wage and that amount is multiplied by 30. For purposes of this formula, a calendar month is considered to consist of 4 1/3 workweeks.

(c) The date that disposable earnings are paid or payable, and not the date the court issues the garnishment order, is controlling in determining the amount of disposable earnings that may be garnished. If the federal minimum wage increases after the court has issued a garnishment order, then the amounts change for disposable earnings that are paid or payable after the effective date of the increase.

Okla. Admin. Code § 160:25-1-2

Added at 17 Ok Reg 1583, eff 5-25-00; Amended at 18 Ok Reg 2357, eff 6-25-01