Greening Donald Co. v. Oklahoma Wire Rope Products, Inc.

SIMMS, Justice:

The appellant, Greening Donald Co., Ltd. is a judgment creditor of appellee, C.J. Anderson. In an attempt to collect a portion of the outstanding judgment of $28,-550.00, the appellant issued a garnishment summons to Union Bank and Trust Company of Oklahoma City, the custodian of the appellee’s Individual Retirement Account (IRA). The garnishee bank responded with a claim for exemption, alleging that the IRA was exempt from garnishment under 60 O.S.1981 § 328, and requesting a hearing.

The trial court, over the appellant’s objection, ruled that the IRA in question was in fact…