Title 2, Procedure in Civil Proceedings

Upon delivery of a writ of garnishment, a garnishee that employs the debtor shall pay to the garnishor all wages that are determined to be subject to garnishment, and that are not exempt under ORS 18.385, at the following times: (1) The garnishee must make an initial payment when…

(1) If a garnishee that employs a debtor is required to make any payment under a writ of garnishment by reason of wages payable to the debtor, the garnishee may collect a $2 processing fee for each week of wages, or fraction of a week of wages, for which a payment is made under t…

(1) The court administrator is not liable for accepting any amount of payment under a writ of garnishment, including any payment that is sent to the court administrator in error or any payment that exceeds the amount required to satisfy the garnishment. (2) The court administrato…

(1) If a garnishee erroneously sends a payment to the court that should have been sent to the garnishor, the court administrator shall immediately forward to the garnishor any cash or check made payable to the garnishor. If a garnishee erroneously sends a payment in the form of a…

(1) If a garnishee makes payment to the garnishor, the payment shall be credited against the debt on the date the garnishor receives the payment. (2) If a garnishee makes payment to the court, the payment shall be credited against the debt on the date the court administrator disb…

Within 10 days after receiving a payment under a writ of garnishment, a garnishor or creditor must return to the debtor any amount that exceeds the amount owing on the debt. If payment was made by check, the garnishor or creditor is not required to return the payment until 10 day…

(1) A garnishee shall not deliver the property described in this section to the garnishor. If the garnishor seeks to apply the property described in this section against the debt of the debtor, the property must be sold by the sheriff in the manner specified in ORS 18.750 to 18.7…

(1) If a garnishee indicates in the garnishee response that the garnishee holds any property described in ORS 18.750, the garnishee must hold the garnished property, or a portion of the property sufficient to satisfy the garnishment, for a period of 30 days after the garnishee de…

(1) If a garnishee indicates in the garnishee response that the garnishee holds any property described in ORS 18.750, the garnishor may require that the property be sold and that the proceeds of the sale be applied against the debt owed to the creditor. A sale of the property sha…

(1) A sheriff shall sell property under ORS 18.750 to 18.760 in the same manner in which property is sold on execution. If the debtor owns only part of the property, the sheriff shall sell the interest of the debtor in the property. The date scheduled by the sheriff for the sale …

If the sheriff receives notice of a challenge to the garnishment pursuant to ORS 18.702 after a request for sale of property has been submitted by the garnishor under ORS 18.755, the sheriff shall not take possession of or sell any property that is subject to the challenge. If th…

(1) A garnishor may issue a release of garnishment that covers all or any portion of the property held under a writ of garnishment. The release must be in substantially the form provided by ORS 18.842. The garnishor must deliver a copy of the release to the garnishee and the debt…

(1) If a garnishee fails to file a garnishee response within the time required by law, or fails to deliver all garnishable property required to be delivered under the writ of garnishment within the time required by law, the garnishee is liable to the creditor in an amount equal t…

(1) If a garnishee fails to provide a garnishee response within the time required by law, or the response is unsatisfactory to the garnishor, or the garnishee fails to deliver garnishable property under the writ of garnishment within the time required by law, upon application of …

(1) If the court orders a garnishee to appear for a hearing under ORS 18.782, the garnishor must serve upon the garnishee written allegations not less than 20 days before the time set for the hearing or within such time as may be specified in the order. The allegations must infor…

Witnesses, including the debtor and garnishee, may be required to appear and testify at a hearing held pursuant to an order issued under ORS 18.778. The proceedings against a garnishee shall be tried by the court as upon the trial of an issue of law between a plaintiff and defend…

(1) As used in this section: (a) “Base protected account balance” means the amount not subject to garnishment calculated under subsection (2)(j) of this section. (b) “Garnishment account review” means the review conducted under subsection (2)(c) of this section. (c) “Lookback per…

A financial institution is not liable to any account holder, garnishor or other financial institution, and may not be assessed any penalty, by reason of any action taken by the financial institution in good faith under ORS 18.785, including: (1) Delivery or refusal to deliver any…

A financial institution shall maintain records of account activity and actions taken by the financial institution in response to a garnishment that are adequate to demonstrate compliance with the requirements of ORS 18.785 for a period of not less than two years after the financi…

(1) Except as provided in subsection (4) of this section, at the time of delivery of any writ of garnishment on a financial institution or at the time a notice of garnishment is delivered to the financial institution under ORS 18.854: (a) A search fee of $10 must be paid to the f…

(1) Notwithstanding any other provision of ORS 18.600 to 18.850, but subject to the provisions of ORS 18.854, the duty of a financial institution that is a garnishee to deliver any property of the debtor that may be contained in a safe deposit box that is in the garnishee’s posse…

In addition to such rights as the garnishee may have at law or in equity, a garnishee who is a financial institution may, following delivery of a writ of garnishment to the garnishee, set off such sums as are due from the debtor at the time the writ of garnishment is delivered. A…

Notwithstanding any other provision of ORS 18.600 to 18.850, if a writ of garnishment is delivered to a financial institution after 4 p.m. and the financial institution has a deposit account held in the name of the debtor, the writ of garnishment only garnishes moneys on deposit …

(1) Except as provided in this section, the provisions of ORS 18.600 to 18.850 apply to all writs of garnishment issued on behalf of agencies for the enforcement of agency orders or warrants that are recorded in the County Clerk Lien Record. (2) Notwithstanding ORS 18.690, a garn…

(1) Notwithstanding any other provision of ORS 18.600 to 18.850, a debt calculation form need not be prepared or delivered for any writ of garnishment issued pursuant to an order for provisional process under ORCP 83 and 84. (2) Notwithstanding ORS 18.730, if a writ of garnishmen…

A writ of garnishment must be in substantially the following form: ______________________________________________________________________________ ________ COURT COUNTY OF ________ ______ ) Plaintiff, ) WRIT OF ) GARNISHMENT ) vs. ) Case No. _____ ) ______ ) Defendant. ) TO: _____…

(1) A debt calculation form shall be prepared for each writ of garnishment issued. A copy of the form need not be served on the garnishee, but a copy must be delivered to the debtor along with a copy of the writ in the manner required by ORS 18.658. (2) A debt calculation form mu…

A garnishee response must be in substantially the following form: ______________________________________________________________________________ ________ COURT COUNTY OF ________ ______ ) Plaintiff, ) GARNISHEE ) RESPONSE vs. ) Case No. _____ ) ______ ) Defendant. ) The writ of g…

Instructions to garnishees must be in substantially the following form: ______________________________________________________________________________ INSTRUCTIONS TO GARNISHEE Except as specifically provided in these instructions, you must complete and deliver the Garnishee Resp…

(1) A wage exemption calculation form must be delivered to the garnishee with each writ of garnishment. Except as provided in subsection (2) of this section, a wage exemption calculation form must be in substantially the following form: For wages paid on or after July 1, 2027, th…

A release of garnishment must be in substantially the following form: ______________________________________________________________________________ ________ COURT COUNTY OF ________ ______ ) Plaintiff, ) RELEASE OF ) GARNISHMENT vs. ) ) Case No. _____ ) ______ ) Defendant. ) TO:…

Except as provided in ORS 18.846, a notice of exemptions form must be in substantially the form set forth in this section. Nothing in the notice form described in this section is intended to expand or restrict the law relating to exempt property. A determination as to whether pro…

If a judgment debtor’s debt arises out of a child support or spousal support obligation or a money award judgment that includes restitution, a notice of exemptions form must be in substantially the form set forth in this section. The notice form described in this section does not…

The notice given by a financial institution to a debtor under ORS 18.785 (3) must be in substantially the following form: ______________________________________________________________________________ ______________________ ______________________ ______________________ (Name, add…

A challenge to garnishment form must be in substantially the following form: ______________________________________________________________________________ ________ COURT COUNTY OF ________ ______ ) CHALLENGE TO Plaintiff, ) GARNISHMENT ) vs. ) Case No. _____ ) ______ ) Defendant…

(1) Any state agency authorized to issue warrants to collect taxes and debts owed to the State of Oregon, including but not limited to warrants issued pursuant to ORS 179.655, 184.644, 267.385, 293.250, 314.430, 316.207, 320.080, 321.570, 323.390, 411.703, 651.065, 657.396, 657.6…

(1) Notwithstanding ORS 18.607, a notice of garnishment issued by a state agency need not contain the name of a court whose authority is invoked. (2) State agencies shall make such modifications as are necessary in the wage exemption calculation form provided by ORS 18.840 if a n…

(1) A notice of garnishment issued by a county tax collector must name the circuit court for the county that employs the tax collector as the court whose authority is invoked. (2) At least 15 days before any county tax collector issues a notice of garnishment, the tax collector m…

(1) A writ of execution may direct a sheriff to: (a) Levy on and sell real property of the judgment debtor and deliver the proceeds to the court for application against amounts owing on a money award. (b) Levy on and sell personal property of the judgment debtor in the possession…

(1) A writ of execution must be directed to a sheriff and must contain the name of the court, the names of the parties to the action and the case number for the action. The writ must contain a mailing address for the judgment creditor. The writ must describe the judgment and, if …

(1) Except as otherwise provided by law, upon request of a judgment creditor or other prevailing party under a judgment, a court administrator shall issue a writ of execution for any judgment that includes a money award or that requires the delivery or sale of specific real or pe…

(1) If child support services are being provided under ORS 25.080, the administrator as defined in ORS 25.010 may issue a writ of execution for the support award portion of the judgment for which child support services are being provided. A copy of the writ of execution must be f…

(1) If a writ of execution directs a sheriff to sell real property or tangible personal property of a judgment debtor and deliver the proceeds to the court for application against amounts owing on a money award, the writ may be issued to the sheriff of any county in this state wh…

Upon delivery of a writ of execution to the sheriff of any county, the judgment creditor must record a copy of the writ certified to be true by the court administrator or an abstract of the writ in the County Clerk Lien Record for the county if the writ of execution or the accomp…

(1) The sheriff shall make a return on the writ of execution to the court administrator within 60 days after the sheriff receives the writ. The person that requested issuance of the writ may authorize the sheriff to continue execution under the writ and delay making a return on t…

(1) The judgment creditor shall provide instructions to the sheriff with a writ of execution. The instructions must be signed by the judgment creditor or the judgment creditor’s attorney. The instructions may be delivered to the sheriff after the writ is delivered to the sheriff.…

(1) Upon receipt of a writ of execution, the sheriff shall indorse upon the writ of execution the time when the sheriff received the writ. The sheriff shall then levy on property pursuant to the writ of execution and the instructions provided to the sheriff under ORS 18.875 by do…

(1) If a sheriff is instructed to secure tangible personal property under this section, the sheriff shall leave the property in the custody of the judgment debtor. (2) The sheriff shall attach a notice to the property in substantially the following form: _________________________…

A judgment debtor or other person commits a Class A misdemeanor if the person knows that a notice has been attached to property secured under ORS 18.880 and the person: (1) Moves the property without authorization from the sheriff; (2) Damages the property; or (3) If the sheriff …

(1) A sheriff shall file a notice of levy on intangible property with the court upon receiving the instructions directing the sale of intangible personal property unless the sheriff is provided with an order entered under subsection (3) of this section. The notice shall identify …