74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
SA to SB 303
LC 684/SB 303-5
SENATE AMENDMENTS TO
SENATE BILL 303
By COMMITTEE ON JUDICIARY
April 12
On page 1 of the printed bill, line 2, after 'ORS' insert '
18.385,'.
Delete line 3 and insert '18.838, 18.840, 18.845, 18.855,
18.896 and 90.300.'.
Delete lines 19 through 30 and insert:
' (2)(a) Notwithstanding ORS 18.615, wages owing by a garnishee
to a debtor for a specific pay period are not garnishable
property if:
' (A) The writ is delivered within two business days before the
debtor's normal payday for the pay period;
' (B) When the writ is delivered to the garnishee, the debtor's
wages are paid by direct deposit to a financial institution, or
the garnishee uses the Oregon Department of Administrative
Services or an independent contractor as defined in ORS 670.600
as payroll administrator for the garnishee's payroll; and
' (C) Before the writ is delivered to the garnishee, the
garnishee issued instructions to the financial institution or the
payroll administrator to pay the debtor for the pay period.
' (b) If a garnishee owes any wages as described in paragraph
(a) of this subsection, the garnishee must so note in the
garnishee response required by ORS 18.680.'.
On page 2, delete lines 1 through 3.
On page 4, delete lines 30 through 45 and insert:
' The writ does not garnish any wages you owe to a Debtor for a
specific pay period if:
' (a) The writ is delivered to you within two business days
before the Debtor's normal payday for the pay period;
' (b) When the writ is delivered to you, the Debtor's wages are
paid by direct deposit to a financial institution, or you use an
independent contractor as payroll administrator for your payroll;
and
' (c) Before the writ was delivered to you, you issued
instructions to the financial institution or the payroll
administrator to pay the Debtor for the pay period.
' If any wages are not garnishable by reason of the issuance of
instructions to a financial institution or a payroll
administrator as described above, you must so note in the
Garnishee Response. Thereafter, you must pay to the Garnishor all
wages that are subject to garnishment that are attributable to
services performed by the Debtor during the 90-day period
following the date you received the writ.'.
On page 14, delete lines 2 through 4 and insert:
' { + SECTION 8. + } ORS 18.385 is amended to read:
' 18.385. (1) Except as provided in this section, 75 percent of
the disposable earnings of an individual are exempt from
execution.
' (2) The disposable earnings of an individual are exempt from
execution to the extent that payment under a garnishment would
result in net disposable earnings for an individual of less than
the following amounts:
' (a) { - $170 - } { + $196 + } for any period of one week
or less;
' (b) { - $340 - } { + $392 + } for any two-week period;
' (c) { - $368 - } { + $420 + } for any half-month period;
' (d) { - $731 - } { + $840 + } for any one-month period;
and
' (e) For any other period longer than one week, { - $170 - }
{ + $196 + } multiplied by that fraction produced by dividing
the number of days for which the earnings are paid by seven. The
amount calculated under this paragraph must be rounded to the
nearest dollar.
' (3) If an individual is paid for a period shorter than one
week, the exemption calculated under subsection (2) of this
section may not exceed { - $170 - } { + $196 + } for any
one-week period.
' (4) An employer shall deduct from the amount of disposable
earnings determined to be nonexempt under subsections (1) to (3)
of this section any amounts withheld from the individual's
earnings for the same period of time under an order issued
pursuant to ORS 25.378, 419B.408 or 419C.600 or ORS chapter 110.
The employer shall make payment under a garnishment only of those
amounts remaining after the deduction is made.
' (5) Subsections (1) to (4) of this section do not apply to:
' (a) Any order of a court of bankruptcy.
' (b) Any debt due for federal tax.
' (6) Subsections (2) to (4) of this section do not apply to
any debt due for state tax. Subsection (1) of this section does
not apply to a debt due for state tax if a state agency issues a
special notice of garnishment under ORS 18.855 (6).
' (7) A court may not make, execute or enforce any order or
process in violation of this section.
' (8) Any waiver by an individual of the provisions of this
section is void.
' (9) An employer may not discharge any individual because the
individual has had earnings garnished.
' { + SECTION 9. + } ORS 18.840 is amended to read:
' 18.840. A wage exemption calculation form must be delivered
to the garnishee with each writ of garnishment. A wage exemption
calculation form must be in substantially the following form:
' _______________________________________________________________
WAGE EXEMPTION CALCULATION
(to be filled out by employers only)
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
1. Debtor's gross wages
for period covered by this
payme................. $__
2. Total amount required to be
withheld by law for amount in Line 1
(Federal and state
withholding, Social
Security, etc.).. $__
3. Debtor's disposable wages
(Subtract Line 2
from Line 1)..... $__
4. Normal exemption (Enter 75
percent of Line 3) $__
5. Minimum exemption (check one)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_ $170 $196 (payment of wages weekly)
_ $340 $392 (payment of wages every
two weeks)
_ $368 $420 (payment of wages half-monthly)
_ $731 $840 (payment of wages monthly)
_ $__ (Any other period longer
than one week, including partial
payments for less than full pay period)
(Multiply $170 $196 by number of weeks or
fraction of a week)
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
6. Wages exempt from garnishment
(Line 4 or 5,
whichever is greate$)_
_
7. Nonexempt wages (Subtract
Line 6 from Line 3)$__
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
8. Amount withheld for this pay period
pursuant to a support order under
support withholding process or under
another writ wit......ri$y_
_
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
9. Wages subject to garnishment
(Subtract Line 8
from Line 7)..... $__
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
INSTRUCTIONS FOR WAGE
EXEMPTION CALCULATION FORM
If you employ the Debtor named in the writ of garnishment, you
must fill out and return this Wage Exemption Calculation form. A
Wage Exemption Calculation form must be sent with the first
payment you make under the writ. For the 90-day period during
which the writ is effective, you must also fill out and return a
Wage Exemption Calculation form with a subsequent payment any
time the initial calculation changes. Finally, you must fill out
and return a Wage Exemption Calculation form with the final
payment that you make under the writ.
Normal wage exemption. The wage exemption calculation is based
on the amount of the payment you make under the writ of
garnishment. The normal wage exemption in Line 4 is 75 percent of
the employee's disposable wages in Line 3.
Minimum wage exemption. The minimum exemption in Line 5 is also
based on the amount of the payment you are making. The minimum
exemption is designed to ensure that an employee receives at
least a certain minimum amount in any one-week period. If the
payment is for a one-week period (without regard to whether the
period is a calendar week or any other seven-day period), the
minimum exemption is { - $170 - } { + $196 + }. The minimum
exemption is { - $340 - } { + $392 + } if the payment is for a
two-week period. If the payment is for one-half of one month
(i.e., the Debtor is paid twice each month), the minimum
exemption is { - $368 - } { + $420 + }. The minimum exemption
for a monthly payment is { - $731 - } { + $840 + }.
If the payment you are making is based on some period of time
other than one week, two weeks, half month or month, and the
payment is for more than one week, you must calculate the minimum
exemption by multiplying { - $170 - } { + $196 + } by the
number of weeks covered by the paycheck, including any fraction
of a week. You should round the amount calculated to the nearest
dollar.
Example 1: You pay Debtor A every 10 days. Each 10-day
period is equal to 1.429 weeks (10 divided by 7). The
minimum exemption is
{ - $243 - } { + $280 + } ( { - $170 - } { + $196 + }
X 1.429 rounded to the nearest dollar).
You must use this same calculation for computing the minimum
exemption when making a payment for less than a full pay period
(e.g., for the final payment at the end of the 90-day period
covered by the writ).
Example 2: You pay Debtor A on a monthly basis. You are
required to make a final payment under a writ of garnishment
for the wages owing to Debtor A for the period beginning
October 1 and ending October 15. This period is equal to
2.143 weeks (15 divided by 7). The minimum exemption is
{ - $364 - } { + $420 + } ( { - $170 - } { + $196 + }
X 2.143 rounded to the nearest dollar).
The amount of time actually worked by the Debtor during the
period covered by the paycheck does not affect the calculation of
the minimum exemption.
Example 3: You pay Debtor A on a weekly basis. Debtor A
works two days per week. The minimum exemption is
{ - $170 - } { + $196 + } for each weekly payment you
make for Debtor A.
If the payment you are making is based on a period of time less
than one week, the minimum wage exemption may not exceed
{ - $170 - } { + $196 + } for any one-week period.
If you receive more than one writ of garnishment. If you
receive more than one writ of garnishment for the same debtor,
the writs have priority based on the date on which you receive
them. If the full amount of wages subject to garnishment for a
given pay period is paid on the first writ, you should not make
any payment on subsequently received writs until the first writ
expires. In some cases, it may be necessary to make payments on
two or more writs for the same pay period.
Example 4. You have received two writs of garnishment for
Debtor A. You pay Debtor A on a monthly basis. The first
writ expires on October 16. The second writ will not expire
until November 15. You will need to prepare two wage
exemption calculation forms for Debtor A's October wages and
make payments under both writs. The wage exemption
calculation form for the first writ will be for the wages
attributable to October 1 to October 15 as described in
Example 2. The wage exemption calculation form for the
second writ will be for all wages for the month of October,
but the amounts withheld under the first writ must be
subtracted on Line 8 to determine the October wages subject
to garnishment under the second writ.
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
' _______________________________________________________________
' { + SECTION 10. + } ORS 18.845 is amended to read:
' 18.845. 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
AND INSTRUCTIONS FOR
CHALLENGE TO GARNISHMENT
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 18.375 and 18.385.
Whichever of the following amounts is greater:
(a) 75 percent of your take-home wages; or
(b) { - $170 - } { + $196 + } 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 (house, mobile home or houseboat) occupied by
you, or occupied by your spouse, parent or child. The value of
the homestead is exempt up to the following amounts:
(a) For a mobile home or houseboat located on land that is not
owned by you, $20,000. If you jointly own the mobile home or
houseboat with another person who is also liable on the debt,
$27,000.
(b) For a mobile home or houseboat located on land that is
owned by you, $23,000. If you jointly own the mobile home or
houseboat with another person who is also liable on the debt,
$30,000.
(c) For any other homestead, $30,000. If you jointly own the
homestead with another person who is also liable on the debt,
$39,600.
(11) Proceeds from the sale of a homestead described in item
10, up to the limits described in item 10, if you hold the
proceeds for less than one year and intend to use those proceeds
to procure another homestead.
(12) Household goods, furniture, radios, a television set and
utensils with a combined value not to exceed $3,000.
*(13) An automobile, truck, trailer or other vehicle with a
value not to exceed $2,150.
*(14) Tools, implements, apparatus, team, harness or library
that are necessary to carry on your occupation, with a combined
value not to exceed $3,000.
*(15) Books, pictures and musical instruments with a combined
value not to exceed $600.
*(16) Wearing apparel, jewelry and other personal items with a
combined value not to exceed $1,800.
(17) Domestic animals and poultry for family use with a
combined value not to exceed $1,000 and their food for 60 days.
(18) Provisions and fuel for your family for 60 days.
(19) One rifle or shotgun and one pistol. The combined value of
all firearms claimed as exempt may not exceed $1,000.
(20) Public or private pensions.
(21) Veterans' benefits and loans.
(22) Medical assistance benefits.
(23) Health insurance proceeds and disability proceeds of life
insurance policies.
(24) Cash surrender value of life insurance policies not
payable to your estate.
(25) Federal annuities.
(26) Other annuities to $250 per month (excess over $250 per
month is subject to the same exemption as wages).
(27) Professionally prescribed health aids for you or any of
your dependents.
*(28) Elderly rental assistance allowed pursuant to ORS
310.635.
(29) 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.
(30) Amounts paid to you as an earned income tax credit under
federal tax law.
*(31) Interest in personal property to the value of $400, but
this cannot be used to increase the amount of any other
exemption.
(32) Equitable interests in property.
(33) Security deposits or prepaid rent held by a residential
landlord under ORS 90.300.
(34) 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
court administrator at the address shown on the writ of
garnishment, and mail or deliver a copy of the form to the
Garnishor 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.
YOU MAY USE THE CHALLENGE TO GARNISHMENT FORM ONLY FOR THE
FOLLOWING PURPOSES:
(1) To claim such exemptions from garnishment as are permitted
by law.
(2) To assert that property is not garnishable property under
ORS 18.618.
(3) To assert that the amount specified in the writ of
garnishment as being subject to garnishment is greater than the
total amount owed.
YOU MAY NOT USE THE CHALLENGE TO GARNISHMENT FORM TO CHALLENGE
THE VALIDITY OF THE DEBT.
IF YOU FILE A CHALLENGE TO A GARNISHMENT 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 ORS
18.715.
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 ORS 18.705 and 18.708.
' _______________________________________________________________
' { + SECTION 11. + } ORS 18.896 is amended to read:
' 18.896. (1) The challenge to execution form described in this
section does not expand or restrict the law relating to exempt
property. A determination as to whether property is exempt from
attachment or execution 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.
' (2) A challenge to execution form must be in substantially
the following form:
' _______________________________________________________________
_____
COURT
COUNTY OF _____
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____
)CHALLENGE TO
Plaintiff, )EXECUTION
)
vs. )Case No. ___
)
____
)
Defendant. )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
THIS FORM MAY BE USED BY THE DEBTOR ONLY TO CLAIM SUCH
EXEMPTIONS FROM EXECUTION AS ARE PERMITTED BY LAW.
THIS FORM MAY BE USED BY PERSONS OTHER THAN THE DEBTOR ONLY TO
CLAIM AN INTEREST IN THE PROPERTY THAT IS TO BE SOLD ON
EXECUTION.
THIS FORM MAY NOT BE USED TO CHALLENGE THE VALIDITY OF THE
DEBT.
I/We claim that the following described property or money is
exempt from execution:
_________________________________________________________________
_________________________________________________________________
I/We believe this property is exempt from execution because
(the Notice of Exempt Property at the end of this form describes
most types of property that you can claim as exempt from
execution):
_________________________________________________________________
_________________________________________________________________
I am a person other than the Debtor and I have the following
interest in the property:
_________________________________________________________________
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name _____
Name _____
Signature ____
Signature ____
Address ____
Address ____
________
________
Telephone Telephone
Number ____
Number ____
(Required) (Required)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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 Execution form that you received
with this notice.
(2) Mail or deliver the Challenge to Execution form to the
court administrator at the address shown on the writ of
execution.
(3) Mail or deliver a copy of the Challenge to Execution form
to the judgment creditor at the address shown on the writ of
execution.
You should be prepared to explain your exemption in court. If
you have any questions about the execution or the debt, you
should see an attorney.
YOU MAY USE THE CHALLENGE TO EXECUTION FORM ONLY TO CLAIM SUCH
EXEMPTIONS FROM EXECUTION AS ARE PERMITTED BY LAW.
YOU MAY NOT USE THE CHALLENGE TO EXECUTION FORM TO CHALLENGE
THE VALIDITY OF THE DEBT.
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 ORS 18.899.
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 18.375 and 18.385.
Whichever of the following amounts is greater:
(a) 75 percent of your take-home wages; or
(b) { - $170 - } { + $196 + } 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 (house, mobile home or houseboat) occupied by
you, or occupied by your spouse, parent or child. The value of
the homestead is exempt up to the following amounts:
(a) For a mobile home or houseboat located on land that is not
owned by you, $20,000. If you jointly own the mobile home or
houseboat with another person who is also liable on the debt,
$27,000.
(b) For a mobile home or houseboat located on land that is
owned by you, $23,000. If you jointly own the mobile home or
houseboat with another person who is also liable on the debt,
$30,000.
(c) For any other homestead, $30,000. If you jointly own the
homestead with another person who is also liable on the debt,
$39,600.
(11) Proceeds from the sale of a homestead described in item
10, up to the limits described in item 10, if you hold the
proceeds for less than one year and intend to use those proceeds
to procure another homestead.
(12) Household goods, furniture, radios, a television set and
utensils with a combined value not to exceed $3,000.
*(13) An automobile, truck, trailer or other vehicle with a
value not to exceed $2,150.
*(14) Tools, implements, apparatus, team, harness or library
that are necessary to carry on your occupation, with a combined
value not to exceed $3,000.
*(15) Books, pictures and musical instruments with a combined
value not to exceed $600.
*(16) Wearing apparel, jewelry and other personal items with a
combined value not to exceed $1,800.
(17) Domestic animals and poultry for family use with a
combined value not to exceed $1,000 and their food for 60 days.
(18) Provisions and fuel for your family for 60 days.
(19) One rifle or shotgun and one pistol. The combined value of
all firearms claimed as exempt may not exceed $1,000.
(20) Public or private pensions.
(21) Veterans' benefits and loans.
(22) Medical assistance benefits.
(23) Health insurance proceeds and disability proceeds of life
insurance policies.
(24) Cash surrender value of life insurance policies not
payable to your estate.
(25) Federal annuities.
(26) Other annuities to $250 per month (excess over $250 per
month is subject to the same exemption as wages).
(27) Professionally prescribed health aids for you or any of
your dependents.
*(28) Elderly rental assistance allowed pursuant to ORS
310.635.
*(29) 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.
(30) Amounts paid to you as an earned income tax credit under
federal tax law.
(31) Interest in personal property to the value of $400, but
this cannot be used to increase the amount of any other
exemption.
(32) Equitable interests in property.
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.
' _______________________________________________________________
' { + SECTION 12. + } { + The amendments to ORS 18.385,
18.618, 18.625, 18.685, 18.750, 18.838, 18.840, 18.845, 18.855,
18.896 and 90.300 by sections 1 to 11 of this 2007 Act apply only
to writs of garnishment and notices of garnishment delivered on
or after the effective date of this 2007 Act. + } ' .
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