B & C Investments, Inc. v. F & M National Bank & Trust

In B & C Investments, Inc. v. F & M National Bank & Trust, 1995 OK CIV APP 106, 903 P.2d 339, the plaintiff filed a forcible entry and detainer action against the defendants and obtained a default judgment. The plaintiff then filed garnishment proceedings against the bank. The bank filed its answer 11 days later--the same date on which default judgment was entered against the bank for not filing an answer to the garnishment proceedings. Five years later, the bank sought to have the default judgment against it vacated, arguing it was void for lack of notice. The plaintiff appealed, arguing that the bank's answer was filed one day late under the garnishment statutes and also arguing that notice was not required in garnishment proceedings according to District Court Rule 10. The Court held that despite the provisions of District Court Rule 10, the due process clauses of the United States and Oklahoma Constitutions require notice be given to interested parties who have filed an answer prior to the time default is entered. Id.