Chapter 18 — Chapter 18

ORS 18.550 [1987 c.774 §4; 1989 c.721 §45; 1989 c.782 §34; 1995 c.280 §28; 1999 c.537 §1; renumbered 31.740 in 2003]

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ORS 18.552 [Formerly 23.515; repealed by 2005 c.542 §73]

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ORS 18.555 [Formerly 23.500; repealed by 2005 c.542 §73]

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ORS 18.560 [1987 c.774 §6; renumbered 31.710 in 2003]

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ORS 18.562 [Formerly 23.510; repealed by 2005 c.542 §73]

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ORS 18.565 [Formerly 23.520; repealed by 2005 c.542 §73]

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ORS 18.568 [Formerly 23.530; repealed by 2005 c.542 §73]

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ORS 18.570 [1987 c.774 §7a; 1995 c.696 §6; renumbered 31.705 in 2003]

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ORS 18.572 [Formerly 23.540; repealed by 2005 c.542 §73]

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ORS 18.578 [Formerly 23.550; repealed by 2005 c.542 §73]

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ORS 18.580 [1987 c.774 §9; 2003 c.576 §232; renumbered 31.580 in 2003]

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ORS 18.582 [Formerly 23.560; repealed by 2005 c.542 §73]

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ORS 18.585 [Formerly 23.570; repealed by 2005 c.542 §73]

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ORS 18.588 [Formerly 23.580; repealed by 2005 c.542 §73]

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ORS 18.590 [1989 c.1074 §1; renumbered 31.760 in 2003]

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ORS 18.592 [1999 c.1065 §1; renumbered 31.715 in 2003]

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ORS 18.594 [Formerly 23.590; repealed by 2005 c.542 §73]

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ORS 18.598 [Formerly 23.600; repealed by 2005 c.542 §73]

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ORS 18.600 Definitions. As used in ORS 18.600 to 18.850

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ORS 18.602 Garnishment described. For the purposes of ORS 18.600 to 18.850, garnishment is the procedure by which a creditor invokes the authority of a circuit court, justice court or municipal court to acquire garnishable property of a debtor that is in the possession, control or custody of a person other than the debtor. [2001 c.249 §2]

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ORS 18.605 Debts subject to garnishment; when writ may be issued on debt. (1) Garnishment may be used to acquire garnishable property for application against the following debts

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ORS 18.607 Form of writ; single writ for two or more debtors. (1) Except as otherwise provided by law, a writ of garnishment must be in substantially the form provided by ORS 18.830. Notation on the writ of additional information for purposes of identifying the debtor or the garnishable property believed to be held by the garnishee does not affect the validity or operation of the writ. A debt calculation form, in substantially the form provided by ORS 18.832, must be prepared for each writ of garnishment issued

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ORS 18.609 Validity of writ after issuance. (1) A writ of garnishment is valid only if the writ is delivered not more than 60 days after the writ is issued. If the writ is delivered within the time specified in this section, the writ acts to garnish property for the period of time specified by ORS 18.625

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ORS 18.610 Court with authority over writ. (1) Only the following courts have authority over a writ of garnishment issued for the enforcement of a judgment

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ORS 18.615 Garnishable property generally. Except as specifically provided in ORS 18.600 to 18.850, a writ of garnishment delivered to a garnishee garnishes all personal property of the debtor, including but not limited to property in safe deposit boxes, stocks, wages, monetary obligations owing to the debtor that are then in existence whether due or to become due, property held on expired and unexpired bailments and leases, and property held by the garnishee pursuant to a security interest granted by the debtor to the garnishee. A writ of garnishment acts to garnish all property of the debtor possessed by the garnishee, all property of the debtor over which the garnishee has control and all property of the debtor that is in the custody of the garnishee. If a person other than the debtor has an interest in the garnished property, the writ of garnishment acts only to garnish the interest of the debtor in the property. [2001 c.249 §7]

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ORS 18.618 Property not subject to garnishment. (1)(a) Notwithstanding ORS 18.615, the following are not garnishable property

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ORS 18.619 [2009 c.430 §2; 2011 c.733 §2; renumbered 18.784 in 2011]

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ORS 18.620 Setoff for certain amounts payable to underlying lienholders. (1) Notwithstanding ORS 18.615, a garnishee may apply a setoff against amounts owing to the debtor under the terms of a land sale contract, under the terms of a promissory note or other evidence of indebtedness that is secured by a mortgage or trust deed, or under the terms of a security agreement as defined in ORS 79A.1020, to the extent that those amounts are actually paid to another person

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ORS 18.625 Duration of writ’s effect. (1) For any property other than wages, a writ of garnishment acts to garnish only garnishable property of the debtor that is in the garnishee’s possession, control or custody at the time the writ is delivered, including money that is owed but not yet due

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ORS 18.627 Multiple writs. (1) Except as otherwise provided by law, the first writ of garnishment delivered to a garnishee has priority over all other writs delivered to the garnishee for the same debtor. A garnishee shall make payments or deliver property under a subsequently delivered writ only if there is garnishable property of the debtor remaining in the garnishee’s possession, control or custody after complying with the first writ delivered to the garnishee

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ORS 18.635 Who may issue writs. (1) A writ of garnishment may be issued only by a person specified in this section

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ORS 18.638 Writs issued by court administrators generally. (1) Unless there are grounds for denying issuance of a writ of garnishment under ORS 18.640, the court administrator shall issue writs of garnishment upon proper application and payment of all required fees. A writ of garnishment issued by the court administrator must be signed by the creditor. The signature constitutes a certificate by the person under ORCP 17 and is subject to the sanctions provided by ORCP 17

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ORS 18.640 Grounds for denying issuance of writ. (1) The court administrator shall refuse to issue a writ of garnishment that is not substantially in the form required by ORS 18.830

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ORS 18.645 Writs issued by Division of Child Support or district attorney; rules. (1) The administrator, as defined in ORS 25.010, may issue writs of garnishment for the collection of past due support in the manner provided by this section. Except as otherwise specifically provided in ORS 18.600 to 18.850, the provisions of ORS 18.600 to 18.850 apply to all writs issued under this section

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ORS 18.650 Items required to be delivered to garnishee. (1) All of the following items must be delivered to a garnishee

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ORS 18.652 Manner of delivery; delivery fee. (1) A writ of garnishment may be delivered to the garnishee personally or by certified mail, return receipt requested. Delivery is effective upon receipt of the writ by the garnishee. If the garnishee refuses to accept delivery by certified mail, the garnishor may attempt personal delivery, but the garnishor must have a new writ issued in order to claim additional delivery fees

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ORS 18.655 Proper person to receive writ. (1) Except as otherwise provided in this section, a writ of garnishment may be delivered to any of the following persons

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ORS 18.658 Documents to be delivered to debtor. (1) Following delivery of a writ of garnishment to a garnishee, the person who delivered the writ must mail or deliver promptly the following documents to the debtor whose property is being garnished by the writ

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ORS 18.665 Duties generally. (1) Upon receiving a writ of garnishment, the garnishee shall determine whether a garnishee response is required under ORS 18.680 and 18.682. The garnishee has no duty to determine whether the garnishor, sheriff or other person has complied with the requirements of ORS 18.600 to 18.850, or to otherwise determine whether the writ of garnishment is valid. If a garnishee response is required, the garnishee must make a diligent effort to determine whether the garnishee is the employer of the debtor and whether the garnishee has possession, control or custody of any garnishable property of the debtor as described in ORS 18.615. If the garnishee has possession, control or custody of garnishable property, the garnishee must hold the property, or as much of the property as is necessary to satisfy the garnishment, as required by ORS 18.600 to 18.850, and thereafter make delivery of the property in the manner required by ORS 18.600 to 18.850

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ORS 18.668 Immunity by payment to court administrator or delivery to sheriff. (1) Notwithstanding any provision of ORS 18.600 to 18.850, a garnishee may pay to the garnishor or to the court administrator any money that the garnishee reasonably believes may have been garnished and may deliver to the sheriff in the manner provided by ORS 18.600 to 18.850 any property that the garnishee reasonably believes to have been garnished. The garnishee has no duty to determine whether money or property held by the garnishee is exempt from garnishment or to determine whether the money or property is garnishable property

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ORS 18.670 Exceptions to garnishee’s duties. (1) A garnishee has no duty to hold or deliver any property under a writ of garnishment if the property has been released by a court order or a release of garnishment has been delivered to the garnishee under ORS 18.770

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ORS 18.672 Duties of personal representative who is garnished. Garnishment does not impair the powers of a personal representative over estate property for the purposes of administration. If a personal representative receives a writ of garnishment, the personal representative must prepare and deliver a garnishee response in the manner provided by ORS 18.600 to 18.850, but no payment of money or delivery of property need be made by the personal representative until such time as specified in this section. The personal representative must note on the response that the property is estate property subject to administration. The personal representative must also file a copy of the writ of garnishment and the garnishee response in the office of the court administrator for the court in which the estate is being administered, and must report the garnishment to the court in any petition for distribution. In a judgment made upon such petition, distribution shall be ordered to the heir or legatee, but delivery shall be ordered to the sheriff or to the garnishor, as required by ORS 18.600 to 18.850. [2001 c.249 §23; 2003 c.576 §55]

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ORS 18.680 Response required; time. (1) Except as specifically provided under ORS 18.682, a garnishee must prepare a garnishee response in substantially the form provided by ORS 18.835 and must deliver the response in the manner provided in ORS 18.690

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ORS 18.682 When response not required. A garnishee has no duty to prepare and deliver a garnishee response if

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ORS 18.685 Contents of response; manner of making payment. A garnishee must note upon a garnishee response the date on which the garnishee received the writ of garnishment. The garnishee must also note upon the response the following information and deliver the response in the manner provided by ORS 18.690

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ORS 18.688 Response of garnishee who is employer of debtor. In addition to the requirements of ORS 18.685, if a garnishee employs the debtor, the garnishee must so note on the garnishee response and indicate the pay period and the next payday for the debtor. [2001 c.249 §27]

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ORS 18.690 Delivery of garnishee response. (1) Except as provided in subsection (2) of this section, a garnishee who is required to deliver a garnishee response must mail or personally deliver

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ORS 18.692 Supplemental garnishee response. (1) The garnishee shall prepare a supplemental garnishee response and deliver the supplemental garnishee response to the garnishor and to the debtor, if either of the following occurs after the garnishee has delivered an initial garnishee response and before the garnishee delivers all property that is subject to garnishment under the writ of garnishment

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ORS 18.700 Manner of making challenge to garnishment. (1) A debtor may use a challenge to a garnishment to claim such exemptions from garnishment as are permitted by law. A challenge to a garnishment may also be used by a debtor

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ORS 18.702 Notice to garnishor and garnishee of challenge to garnishment. (1) Without unreasonable delay, a court administrator who has received a challenge to a garnishment under ORS 18.700 shall provide written notice of the challenge as provided in this section. The notice must include a statement reflecting the consequences of failure of a garnishor or garnishee to comply with the requirements of ORS 18.705 and 18.708. The notice may include the notice of hearing under ORS 18.710

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