Chapter 373 Oregon Laws 2003

AN ACT

HB 2114

Relating to garnishments issued for past due support; amending ORS 18.645.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 18.645 is amended to read:

18.645. (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.

(2) Notwithstanding ORS 18.607, a writ of garnishment issued under this section need not contain the name of the court whose authority is invoked.

(3) A single writ of garnishment may be issued under this section for two or more judgments for past due support owed by the same judgment debtor. A separate debt calculation form for each of the judgments must be prepared as provided by ORS 18.832. The writ must reflect the captions of all cases for which the writ is issued. The writ also must reflect, as the amount subject to garnishment under the writ, the sum of the amounts due under all of the judgments subject to the writ. Notwithstanding ORS 18.700 (2), the debtor may file a challenge to a writ issued under this subsection with the clerk of any court in which one of the judgments subject to the writ was entered. Upon receipt of a notice of a challenge to a garnishment under this subsection, the issuer of the writ shall file with the clerk of the court a response to the challenge, attaching copies of the writ and garnishee response, copies of all judgments for which the writ is issued and the debt calculation forms for those judgments, and any supporting documentation necessary or helpful to the court in making a determination on the challenge. The Department of Justice shall adopt rules governing the distribution to judgment creditors of amounts received by the administrator under a writ issued under this subsection.

[(3)] (4) Notwithstanding ORS 18.690, a garnishee who receives a writ of garnishment issued under this section need not deliver a copy of the garnishee response to the clerk of the court.

[(4)] (5) Notwithstanding ORS 18.730, the issuer of a writ under this section must hold any payments received from the garnishee:

(a) For a period of 120 days after delivery of the writ, if the garnishee is making a payment of wages; and

(b) For a period of 30 days after delivery of the writ, if the garnishee is making a payment other than wages.

[(5)] (6) When issuing writs under this section, the Administrator of the Division of Child Support of the Department of Justice shall modify the forms provided in ORS 18.600 to 18.850 to reflect the provisions of this section.

Approved by the Governor June 16, 2003

Filed in the office of Secretary of State June 16, 2003

Effective date January 1, 2004

__________