oregon garnishment statuteBlog

oregon garnishment statute

The Oregon DOJ is prohibited from providing outside legal advice. The Debtor’s employer identification number, or the final four digits of the Debtor’s Social Security number, is ________ (insert if known). • All debts that you owe the Debtor at the time this writ is delivered to you, whether or not payment is due on the debt at the time you receive this writ. Be sure that in completing the wage exemption computation for the final payment you adjust the minimum exemption amount to take into account the fact that the period covered is only 15 days of the full month (see instructions on Wage Exemption Calculation form). IF YOU ARE HOLDING PROPERTY THAT BELONGS TO THE DEBTOR, OR OWE A DEBT TO THE DEBTOR THAT WILL NOT BECOME DUE WITHIN 45 DAYS AFTER THE DATE YOU RECEIVED THE WRIT, you must keep the property or debt in your possession, control or custody until you receive written notice from the Sheriff. If you believe that you may hold property of the Debtor or that you owe a debt to the Debtor, but you are not sure, you must put a check by the appropriate statement and provide an explanation. (2) To assert that property is not garnishable property under ORS 18.618 (Property not subject to garnishment). The fee must be withheld from the wages of the debtor, and is in addition to the amounts withheld for payment to the garnishor under the writ or under any other writ you have received. You should make no payments under the second writ until expiration of the first writ. • All property of the Debtor (including money) that is in your possession, control or custody at the time this writ is delivered to you. If you receive a second writ of garnishment for the same Debtor from another Garnishor, the first writ will have priority and you need not make payments or deliver property under the second writ to the extent that compliance with the first writ will reduce or eliminate the payment of money or delivery of property that you would otherwise make under the garnishment. The Oregon Department of Justice (DOJ) provides model forms for garnishments as a courtesy, for use by state and county officials. Oregon law limits the amount that a creditor can garnish (take) from your wages for repayment of debts. You must complete and deliver the response even though you cannot determine from the writ whether you hold any property or owe any debt to the Debtor. • You do not receive an original writ of garnishment or a copy of the writ. (2) For the purposes of ORS 18.600 (Definitions) to 18.850 (Challenge to garnishment form): (a) A writ may be issued for a monetary obligation based on a judgment other than a judgment for support after the judgment is entered in the register of a circuit court or after the judgment is docketed in the docket of a justice, county or municipal court. [2001 c.249 §2] If you discover before you deliver your response that a bankruptcy petition has been filed by or on behalf of the Debtor, and the bankruptcy petition was filed after a judgment was entered against the Debtor or after the debt otherwise became subject to garnishment (see the date specified in the writ), you must put a check by the appropriate statement in Part I. (3) To assert that the amount specified in the writ of garnishment as being subject to garnishment is greater than the total amount owed. The fee must be collected after you make the last payment under the writ. Since that time (check appropriate statement): __ I have discovered that a voluntary or involuntary bankruptcy petition has been filed by or on behalf of the Debtor after the judgment was entered against the Debtor or after the debt otherwise became subject to garnishment. Adopting the minimum protections of federal law, the state of Oregon puts a ceiling on the total amount of wages that can be garnished from an employee’s pay check at any one time. The writ does not garnish any wages you owe to a Debtor for a specific pay period if: If any wages are not garnishable by reason of the issuance of instructions to a financial institution or a payroll administrator as described above, you must so note in the Garnishee Response.

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