How Many Times Can a Judgment be Renewed in Oklahoma?
Chloe Meltzer | December 07, 2023
Legal Expert Chloe Meltzer, MA
Chloe Meltzer is an experienced content writer specializing in legal content creation. She holds a degree in English Literature from Arizona State University, complemented by a Master’s in Marketing from California Polytechnic State University-San Luis Obispo.
Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.
Summary: Have a judgment against you in Oklahoma? Hoping it's going to expire soon? Find out how many times a judgment can be renewed in the Sooner State.
If you have not kept up in paying a credit card or loan debt, then you may be pursued by a debt collector or creditor. There are many ways in which a creditor can legally pursue collecting a delinquent debt. But before this can begin, a judgment must be obtained.
Judgments are obtained by the creditor going to court to receive a judgment. To go to court, you will first receive a summons. You will need to respond to the summons to get a chance to plead your case. If you do not respond, then the creditor will be given a default judgment against you.
Default Judgments Allow Creditors to Collect on Debt
The judgment overall is a declaration by the court that the creditor has the legal right to demand a wage garnishment. Default judgments occur when you do not respond to a debt case put against you, and allow the creditor to begin collecting on your debt.
The Statute of Limitations in Oklahoma Can Protect You
In Oklahoma, a judgment creditor can attempt execution of a judgment for five years from the date of the judgment. This is known as the statute of limitations. After the statute of limitations has expired, it becomes unenforceable by the operation of law.
Although the judgment is still owed and can be paid, it is not possible to go to court over it any longer. Additionally, once the appropriate action is taken to keep the judgment from becoming unenforceable, the judgment must remain enforceable for another five years.
Creditors Must Renew a Judgment Before Time Runs Out
Judgments expire after a certain number of years depending on the state they are present in. To prevent this from happening, the judgment creditor must file a request for renewal of the judgment. This must be done before the statute of limitations runs out.
After this time runs out if the judgment is not renewed, it will not be enforceable any longer. It is also important to note that if you renew a judgment, it cannot be renewed again until a certain point.
When the judgment is renewed, the interest that has accrued will be added to the principal amount owing. From that point on you will be required to pay interest on the accrued interest.
In Oklahoma, a judgment is good for five years. This means that the statute of limitations will expire within this time. Despite this, a judgment can be renewed indefinitely in Oklahoma by taking appropriate action at least every five years.
Know What to Expect After a Judgment Is Obtained
If a judgment has been placed against you, then you will end up in a somewhat sticky situation. Following the judgment, the creditor will then be legally allowed to place a levy on your bank accounts or place a lien on your property. They also have the option to garnish their wages in an attempt to pay themselves back.
The most common method to enforce a judgment in Oklahoma is wage garnishment. When wage garnishment occurs, the creditor who has obtained the judgment against you will contact your employer. Then your employer will be legally required to deduct a portion of your wages each pay period and send the money to the creditor.
In Oklahoma, there are two forms of acceptable garnishment in reference to a judgment.
1. Continuing garnishment
Also known as wage garnishment, this allows the creditor to garnish up to 25% of your disposable earnings (according to OK Stat. Title 12-1173.4(I)(1)).
You can claim an exemption from wage garnishment such as for “undue hardship to the consumer's family and/or dependents.” under (15 U.S.C. sect; 1673; OK Stat. Title 31-1.1.) Oklahoma courts determine undue hardship as the following:
Standard of living
Standard of living in comparison to the minimal needs of your family and dependents
Standard of living in comparison to the minimal subsistence standards in regard to basic shelter, food, clothing, personal necessities, and transportation.
Also, garnishment of Social Security benefits or pensions for consumer debt is not allowed federally.
2. Non-continuing garnishment
This is essentially a bank levy, which allows the creditor to take non-exempt money directly from your account. This may also result in a bank account freeze while they take funds from the balance of your account to pay the judgment.
Oklahoma allows a bank account levy to be exempt for the following reasons:
Social Security benefits
Supplemental security income
Unemployment benefits
Workmen's compensation benefits
Welfare benefits
Veteran's benefits
Certain classes of pension
Retirement fund
Disability benefits
Civil Service Survivor annuities
Prepaid burial benefits
Proceeds of group-life insurance policies
Alimony
Child support payments
Stop Worrying About Judgments Not Renewed Within 5 Years
Dealing with a judgment against you is never a fun process, but you do have options. Overall if you are in the state of Oklahoma it is important to remember that there is a five-year period in which a judgment can be renewed. After that period the judgment can no longer be renewed nor brought against you.
What is SoloSuit?
SoloSuit makes it easy to respond to a debt collection lawsuit.
How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.
Respond with SoloSuit
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.
If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.
Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.
Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.
Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.
We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.
Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.
Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.
Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.
Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.
Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.
We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.
You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.