72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 913
 
                           A-Engrossed
 
                         House Bill 2114
                 Ordered by the House January 30
           Including House Amendments dated January 30
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Attorney General Hardy
  Myers for the Department of Justice)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Provides that single writ of garnishment may be issued for two
or more judgments for past due support owed by same judgment
debtor. Prescribes procedures. Directs Department of Human
Services to adopt rules governing distribution of amounts
received under writ issued for two or more judgments for past due
support.
 
                        A BILL FOR AN ACT
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 Human
Services 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.
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