COLCLAZIER & ASSOCIATES v. Stephens
2012 OK CIV APP 45
Okla. Civ. App.2012Background
- Colclazier & Associates obtained a default judgment against Craig and Chantal Stephens for unpaid attorney fees on 12/27/2004.
- Garnishment affidavit filed 3/15/2005 alleged Biscuit Hill Shell Foodmart had property of Stephens, and a garnishee summons issued the same day.
- Garnishee service on Biscuit Hill occurred 1/11/2006, but the Goodmans later testified the summons were confused with a DHS child support garnishment and Stephens no longer worked there.
- Case was stricken in 5/2007 for failure to serve the garnishee; a June 2007 entry shows service dates conflicting with the March 2006 order, and the order directing an answer was served on 9/11/2006.
- On 6/12/2007, the district court entered a default judgment against Rod and Tonya Goodman d/b/a Biscuit Hill Shell Foodmart for $17,270.02.
- In 2010 the Law Firm sought an assets hearing in the Stephens case; the Goodmans moved to vacate and the district court denied, leading to this appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was garnishment service timely under the 180-day rule and good-cause requirement? | Garnishment was timely due to court orders and procedures; any delay was excused by good cause. | Service occurred beyond 180 days without a demonstrated good cause, making the garnishment void or subject to dismissal. | Timeliness not satisfied; remand to determine if good cause exists for delay. |
| Should retroactive application of §2004(I) govern whether there was good cause for delay? | Retroactivity allows good-cause analysis under current law. | Retroactivity should not alter the fundamental timing issue; the delay remains problematic. | Apply current version of §2004(I) and remand to determine if good cause exists. |
Key Cases Cited
- Beck v. Jarrett, 363 P.2d 215 (Okla. 1961) (due process and timing considerations in garnishment)
- Ferguson Enters., Inc. v. H. Webb Enters., Inc., 13 P.3d 480 (Okla. 2000) (default judgments void for lack of in personam jurisdiction when service is improper)
- Willis v. Sequoyah House, Inc., 194 P.3d 1285 (Okla. 2008) (burden to show good cause for delay in service under §2004(I))
- Moore v. Sneed, 839 P.2d 682 (Okla. 1992) (retroactive application of procedural garnishment statute)
- Sneed, Moore v. Moore, 839 P.2d 682 (Okla. 1992) (retroactive application of procedural garnishment statute)