75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
Senate Bill 240
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Judiciary for Oregon State Bar Debtor/Creditor Section)
CHAPTER ................
AN ACT
Relating to personal information about debtors; creating new
provisions; amending ORS 18.042, 18.170, 18.607, 18.668 and
18.830; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 18.042 is amended to read:
18.042. (1) The judgment document for a judgment in a civil
action that includes a money award must contain a separate
section clearly labeled as a money award. Any judgment in a civil
action that includes a money award, but does not contain a
separate section clearly labeled as a money award, does not
create a judgment lien but may be enforced by any other judgment
remedy.
(2) The separate section required by subsection (1) of this
section must include all of the following:
(a) The name and address of each judgment creditor and the
name, address and telephone number of any attorney who represents
one or more of the judgment creditors.
(b) The name of each judgment debtor and, to the extent known
by the judgment creditor:
(A) The address of each judgment debtor;
(B) The { - date - } { + year + } of birth of each judgment
debtor;
(C) { + The tax identification number of each judgment debtor,
or + } the { + final four digits of the + } Social Security
number { + of each judgment debtor + } { - or tax
identification number of each judgment debtor - } ;
(D) The { + final four digits of the + } driver license number
of each judgment debtor and the name of the state that issued the
license; and
(E) The name of any attorney for each judgment debtor.
(c) The name of any person or public body, as defined in ORS
174.109, other than the judgment creditor's attorney, that is
known by the judgment creditor to be entitled to any portion of
the money award.
(d) The amount of money awarded in the judgment, exclusive of
amounts required to be included in the separate section under
paragraphs (e) to (h) of this subsection.
Enrolled Senate Bill 240 (SB 240-INTRO) Page 1
(e) Any interest owed as of the date the judgment is entered in
the register, either as a specific amount or as accrual
information, including the rate or rates of interest, the balance
or balances upon which interest accrues, the date or dates from
which interest at each rate on each balance runs, and whether
interest is simple or compounded and, if compounded, at what
intervals.
(f) Information about interest that accrues on the judgment
after entry in the register, including the rate or rates of
interest, the balance or balances upon which interest accrues,
the date or dates from which interest at each rate on each
balance runs, and whether interest is simple or compounded and,
if compounded, at what intervals.
(g) For monetary obligations that are payable on a periodic
basis, any accrued arrearages, required further payments per
period and payment dates.
(h) If the judgment requires the payment of costs and
disbursements or attorney fees, a statement indicating that the
award is made, any specific amounts awarded, a clear
identification of the specific requests for relief for which any
attorney fees are awarded and the amount of attorney fees awarded
for each request for relief.
(3) The information required by subsection (2) of this section
must be set forth in the money award section of the judgment
document in the same order as the requirements appear in
subsection (2) of this section.
(4) The separate section required by subsection (1) of this
section must be placed immediately above the judge's or court
administrator's signature. The separate section must be clearly
labeled at its beginning as a money award. If the judgment
includes a support award, the label of the separate section must
so indicate. Except for information described in ORS 24.290, the
separate section of the judgment document may not contain any
provision except the information required by this section.
{ - (5) Notwithstanding subsection (2) of this section, in
proceedings under ORS 107.085 and 107.485 the Social Security
number of a judgment debtor must be provided by the judgment
creditor in the manner established by the State Court
Administrator under ORS 107.840. - }
{ - (6) Notwithstanding subsection (2) of this section, a
public body, as defined in ORS 174.109, need not include the
Social Security number or driver license number of a judgment
debtor if disclosure of the Social Security number or driver
license number violates federal law or any law of this state. - }
{ - (7) - } { + (5) + } The provisions of this section do
not apply to foreign judgments that are filed with a court under
ORS 24.115 or 110.405. If a foreign judgment is filed with the
court under ORS 24.115, the separate statement required by ORS
24.125 must be filed with the foreign judgment.
SECTION 2. ORS 18.170 is amended to read:
18.170. (1) Unless otherwise prescribed by law, a person
recording a lien record abstract shall use substantially the
following form:
_________________________________________________________________
LIEN RECORD ABSTRACT
The undersigned states:
Enrolled Senate Bill 240 (SB 240-INTRO) Page 2
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
A. Creditor/Prevailing Party Information:
_ 1. The creditor/prevailing party is:
______________
and the address of the creditor is:
______________
______________
under judgment, order or petition entered on ___ (date) in
the ___ Court for ___ (County) of ___ (State) under Case No.
___.
_ 2. The Creditor's attorney's name is
______________
Attorney's Address is:
______________
Attorney's Phone No. is: ____
B. Debtor/Losing Party Information:
_ 1. The Debtor/losing party is:
______________
_ 2. Debtor's address (if known):
______________
______________
_ 3. { + The Taxpayer Identification No. of the Debtor, or
the final four digits of the + } Debtor's Social Security No.
{ - or - }
{ - Taxpayer Identification No. - }
(if known):
______________
_ 4. { + The final four digits of the + } Debtor's driver
license no. and
state of issuance for the license
(if known):
______________
_ 5. Name of debtor's attorney
(if known):
______________
C. Judgment Information:
_ 1. The amount of the judgment is:
______________
_ 2. The amount of the costs is:
______________
_ 3. The amount of attorney fees, if any
is: ______________
D. The Real or Personal Property to Be
Affected
(Check appropriate box):
_ All real property of the debtor/losing party, now or
hereafter acquired, in _____ County as provided under ORS
18.152.
_ The following described real or personal property of debtor
(legal description as set forth or on attached Exhibit):
______________
______________
Enrolled Senate Bill 240 (SB 240-INTRO) Page 3
______________
______________
IN WITNESS WHEREOF, the
undersigned person or persons have
executed this abstract this __ day
of ____, 2__.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
________
________
________
________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
State of Oreg)n
) ss.
County of ___
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
The foregoing instrument was acknowledged before me this __ day
of __, 2__, by ________.
____________
Notary Public for Oregon
My commission expires: ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
State of Oreg)n
) ss.
County of ___
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
The foregoing instrument was acknowledged before me this __ day
of __, 2__, by ________ and by ________ of ________, a
corporation on behalf of the corporation.
____________
Notary Public for Oregon
Enrolled Senate Bill 240 (SB 240-INTRO) Page 4
My commission expires: ______
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(2) A lien record abstract that is the result of a judgment for
unpaid child or spousal support entered in another state shall be
on the form prescribed by rules adopted by the Department of
Justice in lieu of the form required by subsection (1) of this
section.
SECTION 3. ORS 18.607 is amended to read:
18.607. (1) Except as otherwise provided by law, a writ of
garnishment must be in substantially the form provided by ORS
18.830. Notation on the writ of additional information for
purposes of identifying the debtor or the garnishable property
believed to be held by the garnishee does not affect the validity
or operation of the writ. A debt calculation form, in
substantially the form provided by ORS 18.832, must be prepared
for each writ of garnishment issued.
(2) A writ of garnishment must contain all of the following
information:
(a) The name of the court whose authority is invoked.
(b) The names of the creditor and debtor.
(c) The name of the garnishor.
(d) The date on which judgment was entered against the debtor
or the debt otherwise became subject to garnishment under ORS
18.605.
(e) { + The debtor's employer identification number, or + }
the { + final four digits of the + } debtor's Social Security
number { - or employer identification number - } , if those
numbers are known by the garnishor. { - A public body, as
defined in ORS 174.109, shall not include the Social Security
number of the debtor if the disclosure of the Social Security
number would violate federal law or any law of this state. - }
(f) The amount subject to garnishment under the writ, as
determined by completing the debt calculation form provided in
ORS 18.832.
(g) The date on which the writ is issued.
(h) All addresses required in the writ of garnishment form
provided by ORS 18.830.
(3) If a writ of garnishment is issued by the court
administrator, the creditor must sign the certification in the
writ indicating that the creditor has read the writ and that to
the best of the knowledge, information and belief of the creditor
there is good ground to support issuance of the writ and the
amount indicated in the writ as subject to garnishment.
(4) If a writ is issued by any person other than the court
administrator, the person issuing the writ must sign the
certification described in subsection (3) of this section.
(5) A single writ may be issued for two or more debtors if
those debtors are jointly liable on all or part of the debt.
SECTION 4. ORS 18.668 is amended to read:
18.668. (1) Notwithstanding any provision of ORS 18.600 to
18.850, a garnishee may pay to the garnishor or to the court
administrator any money that the garnishee reasonably believes
may have been garnished and may deliver to the sheriff in the
manner provided by ORS 18.600 to 18.850 any property that the
garnishee reasonably believes to have been garnished. The
garnishee has no duty to determine whether money or property held
Enrolled Senate Bill 240 (SB 240-INTRO) Page 5
by the garnishee is exempt from garnishment or to determine
whether the money or property is garnishable property.
(2) If the garnishee makes payment of garnished money to the
garnishor or to the court administrator under subsection (1) of
this section, or delivers garnished property to the sheriff in
the manner provided by ORS 18.600 to 18.850, the garnishee is
discharged from liability to the creditor for the value of the
money paid or property delivered.
(3) If the garnishee requests a receipt, the sheriff or court
administrator shall provide the garnishee with a receipt for any
property delivered to the sheriff or payment made to the court
administrator.
{ + (4) A garnishor or the garnishor's attorney may disclose
the full Social Security number for a debtor to a garnishee if
the garnishee requests the number for the purpose of identifying
the debtor.
(5) A garnishee is not liable to any person by reason of using
all or part of a debtor's Social Security number for the purpose
of identifying the debtor. + }
SECTION 5. ORS 18.830 is amended to read:
18.830. A writ of garnishment 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.
_______________________________________________________________
____
)
Plaintiff, )WRIT OF
)GARNISHMENT
)
vs. )Case No. ___
)
____
)
Defendant. )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
TO: _____.
You are now a Garnishee. AS A GARNISHEE, YOU NEED TO KNOW THE
FOLLOWING:
_____ (who is called the 'Debtor') owes money to _____ (who is
called the 'Creditor'). A judgment was entered against the Debtor
for the debt, or the debt otherwise became subject to
garnishment, on ___, 2_. { + The Debtor's employer
identification number, or + } the { + final four digits of
the + } Debtor's Social Security number { - or employer
identification number - } { + , + } is _____ (insert if known).
Enrolled Senate Bill 240 (SB 240-INTRO) Page 6
The amount subject to garnishment is $___.
This writ garnishes all of the following:
o Wages that you owe the Debtor at the time this writ is
delivered to you, and all wages that the Debtor earns during
the 90-day period following the date on which you receive
this writ.
o All property of the Debtor (including money) that is in your
possession, control or custody at the time this writ is
delivered to you.
o All debts that you owe the Debtor at the time this writ is
delivered to you, whether or not payment is due on the debt
at the time you receive this writ.
YOU MUST ANSWER THIS WRIT BY COMPLETING THE ATTACHED GARNISHEE
RESPONSE WITHIN THE TIME ALLOWED BY LAW, WHETHER OR NOT YOU HOLD
ANY OF THE DEBTOR'S PROPERTY OR OWE ANYTHING TO THE DEBTOR. IF
YOU DO NOT TRUTHFULLY ANSWER THIS WRIT, OR YOU DO NOT DELIVER
MONEY OR PROPERTY WHEN YOU ARE REQUIRED TO DO SO, YOU WILL BE
LIABLE TO THE CREDITOR.
If you have questions, you should contact an attorney. Court
employees cannot give you legal advice. The Creditor's attorney
cannot give you legal advice.
A writ of garnishment may be issued only by the court
administrator, by the attorney for the Creditor or by a person
who is specifically authorized by law to issue garnishments. This
writ is issued by (check one):
_ The court administrator
_ The attorney for the Creditor
_ Other authorized issuer:
Name and title _____
Statutory authority to issue writ _____
This writ is valid only if it has been delivered to you within
60 days after the date of issuance. If the court administrator is
issuing this writ, the date of issuance is the date the court
administrator signs the writ (see 'COURT SEAL ' below). If this
writ is issued by any other person, the date of issuance is the
date on which the issuer signs the certification (see
'CERTIFICATION' below).
IMPORTANT ADDRESSES
(see Step 2 of Instructions to Garnishee form)
(Court Administrator)
_____ Court
Street address _____
City ___ County ___
State ___ Zip Code ___
(Debtor)
Name _____
Enrolled Senate Bill 240 (SB 240-INTRO) Page 7
Telephone number (if known) ___
_ Street address _____
City ___ State ___
Zip Code ___
_ Creditor has no knowledge of Debtor's address
(Garnishor; check one)
_ Creditor: (Must be filled in if the court administrator
issues writ.)
Name _____
Street address _____
City ___ State ___
Zip Code ___
_ Attorney for Creditor:
Name _____
Street address _____
City ___ State ___
Zip Code ___
Telephone number _____
Oregon State Bar number ____
_ Other authorized issuer of writ:
Name _____
Street address _____
City ___ State ___
Zip Code ___
Telephone number _____
CERTIFICATION
(The following certification must be signed by the Creditor if
this writ is issued by the court administrator. In all other
cases, the following certification must be signed by the person
issuing the writ.)
I certify that I have read this writ of garnishment and to the
best of my knowledge, information and belief, there is good
ground to support issuance of the writ, and the amount indicated
as subject to garnishment is lawfully subject to collection by
this writ.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
__________
____
, 2_
Signature Date
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
__________
Enrolled Senate Bill 240 (SB 240-INTRO) Page 8
Oregon State Bar No. (if attorney)
COURT SEAL
(To be completed only if this writ is issued by the court
administrator. The writ must be stamped by the court
administrator. The court administrator has not calculated any
amounts on the writ and is not liable for errors made in the writ
by the Creditor.)
Issued by the court administrator this _ day of ____, 2_.
COURT ADMINISTRATOR
By __________
_________________________________________________________________
SECTION 6. { + (1) The amendments to ORS 18.042 by section 1
of this 2009 Act apply only to judgments entered on or after the
effective date of this 2009 Act.
(2) The amendments to ORS 18.170 by section 2 of this 2009 Act
apply only to lien record abstracts recorded on or after the
effective date of this 2009 Act.
(3) The amendments to ORS 18.607 and 18.830 by sections 3 and 5
of this 2009 Act apply only to writs of garnishment issued on or
after the effective date of this 2009 Act. + }
SECTION 7. { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
----------
Passed by Senate February 9, 2009
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 21, 2009
...........................................................
Speaker of House
Enrolled Senate Bill 240 (SB 240-INTRO) Page 9
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled Senate Bill 240 (SB 240-INTRO) Page 10