71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
SA to RC to A-Eng. HB 2175
LC 398/HB 2175-A3
SENATE AMENDMENTS TO RESOLVE CONFLICTS TO
A-ENGROSSED HOUSE BILL 2175
By COMMITTEE ON JUDICIARY
May 30
On page 1 of the printed A-engrossed bill, line 3, before the
period insert 'and section 64, chapter ___, Oregon Laws 2001
(Enrolled House Bill 2386)'.
On page 5, after line 33, insert:
' { + SECTION 2a. + } { + If House Bill 2386 becomes law,
section 2 of this 2001 Act (amending ORS 29.225) is repealed and
section 64, chapter ___, Oregon Laws 2001 (Enrolled House Bill
2386), is amended to read: + }
' { + Sec. 64. + } 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 property is exempt from execution, attachment and
garnishment must be made by reference to other law. The form
provided in this section may be modified to provide more
information or to update the notice based on subsequent changes
in exemption laws.
' _______________________________________________________________
NOTICE OF EXEMPT PROPERTY
Property belonging to you may have been taken or held in order to
satisfy a debt. The debt may be reflected in a judgment or in a
warrant or order issued by a state agency. Important legal papers
are enclosed.
YOU MAY BE ABLE TO GET YOUR PROPERTY BACK, SO READ THIS NOTICE
CAREFULLY.
State and federal law specify that certain property may not be
taken. Some of the property that you may be able to get back is
listed below.
(1) Wages or a salary as described in ORS 23.175 and section
69b { + , chapter ___, Oregon Laws 2001 (Enrolled House Bill
2386) + }
{ - of this 2001 Act - } . Whichever of the following amounts
is greater:
(a) 75 percent of your take-home wages; or
(b) $170 per workweek.
(2) Social Security benefits.
(3) Supplemental Security Income (SSI).
(4) Public assistance (welfare).
(5) Unemployment benefits.
(6) Disability benefits (other than SSI benefits).
(7) Workers' compensation benefits.
(8) Exempt wages, Social Security benefits (other than SSI),
welfare, unemployment benefits and disability benefits when
placed in a checking or savings account (up to $7,500).
(9) Spousal support, child support or separate maintenance to
the extent reasonably necessary for your support or the support
of any of your dependents.
(10) A homestead (home, farm, manufactured dwelling or
houseboat) if you live in it, to the value of $20,000 ($23,000
for a manufactured dwelling with land included; $25,000 for any
other homestead with land included) or proceeds from its sale for
one year.
(11) Household goods, furniture, radios, a television set and
utensils with a combined value not to exceed $3,000.
*(12) An automobile, truck, trailer or other vehicle with a
value not to exceed $1,700.
*(13) Tools, implements, apparatus, team, harness or library
that are necessary to carry on your occupation, with a combined
value not to exceed $3,000.
*(14) Books, pictures and musical instruments with a combined
value not to exceed $600.
*(15) Wearing apparel, jewelry and other personal items with a
combined value not to exceed $1,800.
(16) Domestic animals and poultry for family use with a
combined value not to exceed $1,000 and their food for 60 days.
(17) Provisions (food) and fuel for your family for 60 days.
(18) One rifle or shotgun and one pistol. The combined value of
all firearms claimed as exempt may not exceed $1,000.
(19) Public or private pensions.
(20) Veterans' benefits and loans.
(21) Medical assistance benefits.
(22) Health insurance proceeds and disability proceeds of life
insurance policies.
(23) Cash surrender value of life insurance policies not
payable to your estate.
(24) Federal annuities.
(25) Other annuities to $250 per month (excess over $250 per
month is subject to the same exemption as wages).
(26) Professionally prescribed health aids for you or any of
your dependents.
*(27) Elderly rental assistance allowed pursuant to ORS
310.635.
*(28) Your right to receive, or property traceable to:
*(a) An award under any crime victim reparation law.
*(b) A payment or payments, not exceeding a total of $10,000,
on account of personal bodily injury suffered by you or an
individual of whom you are a dependent.
*(c) A payment in compensation of loss of future earnings of
you or an individual of whom you are or were a dependent, to the
extent reasonably necessary for your support and the support of
any of your dependents.
{ + (29) Amounts paid to you as an earned income tax credit
under federal tax law. + }
{ - (29) - } { + (30) + } Interest in personal property to
the value of $400, but this cannot be used to increase the amount
of any other exemption.
{ - (30) - } { + (31) + } Equitable interests in property.
{ - (31) - } { + (32) + } If the amount shown as owing on
the Debt Calculation form exceeds the amount you actually owe to
the creditor, the difference between the amount owed and the
amount shown on the Debt Calculation form.
Note: If two or more people in your household owe the claim or
judgment, each of them may claim the exemptions marked by an
asterisk (*).
_________________________________________________________________
SPECIAL RULES APPLY FOR DEBTS THAT ARE OWED FOR CHILD SUPPORT
AND SPOUSAL SUPPORT. Some property that may not otherwise be
taken for payment against the debt may be taken to pay for
overdue support. For instance, Social Security benefits, workers'
compensation benefits, unemployment benefits, veterans' benefits
and pensions are normally exempt, but only 75 percent of a lump
sum payment of these benefits is exempt if the debt is owed for a
support obligation.
YOU MUST ACT PROMPTLY IF YOU WANT TO GET YOUR MONEY OR PROPERTY
BACK. You may seek to reclaim your exempt property by doing the
following:
(1) Fill out the Challenge to Garnishment form that you
received with this notice.
(2) Mail or deliver the Challenge to Garnishment form to the
clerk of the court at the address shown on the writ of
garnishment. If you wish to claim wages or salary as exempt, you
must mail or deliver the form within 120 days after you receive
this notice. If you wish to claim that any other money or
property is exempt, or claim that the property is not subject to
garnishment, you must mail or deliver the form within 30 days
after you receive this notice. You have the burden of showing
that your challenge is made on time, so you should keep records
showing when the challenge was mailed or delivered.
(3) The law only requires that the Garnishor hold the garnished
money or property for 10 days before applying it to the
Creditor's use. You may be able to keep the property from being
used by the Creditor by promptly following (1) and (2) above.
You should be prepared to explain your exemption in court. If
you have any questions about the garnishment or the debt, you
should see an attorney.
IF YOU CLAIM AN EXEMPTION IN BAD FAITH, YOU MAY BE SUBJECT TO
PENALTIES IMPOSED BY THE COURT THAT COULD INCLUDE A FINE.
Penalties that you could be subject to are listed in section
36 { + , chapter ___, Oregon Laws 2001 (Enrolled House Bill
2386) + } { - of this 2001 Act - } .
When you file a Challenge to Garnishment form, the Garnishee
may be required to make all payments under the garnishment to the
court, and the Garnishor may be required to pay to the court all
amounts received by the Garnishor that are subject to the
challenge to the garnishment. The Garnishee and Garnishor are
subject to penalties if they do not. For a complete explanation
of their responsibilities, see sections 32 and 33 { + , chapter
___, Oregon Laws 2001 (Enrolled House Bill 2386) + } { - of
this 2001 Act - } .
' ____________________________________________________________ '.
After line 40, insert:
' { + SECTION 3a. + } If House Bill 2386 becomes law, section
3 of this 2001 Act is amended to read:
' { + Sec. 3. + } (1) Except as provided in subsection (2) of
this section, the amendments to ORS 23.160 by section 1 of this
2001 Act apply to all debts, whether incurred before, on or after
the effective date of this 2001 Act.
' (2) The amendments to ORS 23.160 by section 1 of this 2001
Act do not apply to any garnishment or other execution issued
before the effective date of this 2001 Act.
' (3) The amendments to { - ORS 29.225 by section 2 - }
{ + section 64, chapter ___, Oregon Laws 2001 (Enrolled House
Bill 2386), by section 2a + } of this 2001 Act apply only to
notices of exempt property mailed or delivered on or after the
effective date of this 2001 Act.'.
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