75th OREGON LEGISLATIVE ASSEMBLY--2009 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 3000
A-Engrossed
Senate Bill 731
Ordered by the Senate April 29
Including Senate Amendments dated April 29
Sponsored by COMMITTEE ON CONSUMER PROTECTION AND PUBLIC AFFAIRS
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 amount in debtor's financial accounts equal
to lesser of $2,500 or total balance of debtor's accounts is not
subject to garnishment if specified exempt payment was deposited
in one of debtor's accounts by direct deposit or electronic
payment within 45 days before writ of garnishment was delivered
to financial institution. - }
{ + Provides that amount in debtor's financial account equal
to lesser of specified exempt payments or total balance of
debtor's account is not subject to garnishment if payments were
deposited in debtor's account by direct deposit or electronic
payment during calendar month that preceded month in which writ
of garnishment was delivered to financial institution. + }
Provides that all funds that are exempt under federal law
remain exempt when deposited in debtor's financial account as
long as exempt funds are reasonably identifiable. Requires
application of first in, first out accounting principles for
purposes of identifying exempt funds in financial accounts.
{ - Increases wild card exemption from $400 to $1,000. - }
{ + Increases search fee for garnishor other than Department
of Revenue. + }
Prohibits financial institution from charging or collecting
garnishment processing fee if none of debtor's property held by
financial institution is subject to garnishment.
A BILL FOR AN ACT
Relating to garnishment; creating new provisions; and amending
ORS 18.348, 18.618, 18.665, 18.685, 18.790, 18.835, 18.838,
18.845 and 18.896.
Be It Enacted by the People of the State of Oregon:
{ +
NONGARNISHABLE AMOUNTS IN FINANCIAL ACCOUNTS + }
SECTION 1. { + Section 2 of this 2009 Act is added to and made
a part of ORS 18.252 to 18.993. + }
SECTION 2. { + (1) If a writ of garnishment is delivered to a
financial institution that has an account of the debtor, and one
or more payments described in subsection (2) of this section were
deposited in the account by direct deposit or electronic payment
during the calendar month that preceded the month in which the
writ of garnishment is delivered to the financial institution, an
amount equal to the lesser of the sum of those payments or the
total balance in the debtor's account is not subject to
garnishment.
(2) The provisions of this section apply only to:
(a) Payments from a public or private retirement plan as
defined in ORS 18.358;
(b) Payments from the Social Security Administration;
(c) Public assistance payments from the state or a state
agency;
(d) Unemployment compensation payments from the state or a
state agency;
(e) Black lung benefits payments from the United States
Department of Labor;
(f) Veteran benefits payments from the Veterans Benefits
Administration; and
(g) Workers' compensation payments from a workers' compensation
carrier.
(3) The provisions of this section apply only to:
(a) Payments that a financial institution can readily identify
as being one of the types of payments described in subsection (2)
of this section; or
(b) Payments for which the debtor has given a financial
institution written notification under subsection (4) of this
section.
(4)(a) At the time a person opens a new account with a
financial institution in this state, the financial institution
may require that the person sign an affidavit indicating whether
the person is receiving any of the payments described in
subsection (2) of this section that will be deposited in the
account by direct deposit or electronic payment.
(b) A financial institution in this state shall make available
a form of affidavit that a person may use when opening an
account, or may use at any time while the account is open, to
indicate that the person is receiving any of the payments
described in subsection (2) of this section that will be
deposited in the account by direct deposit or electronic payment.
(c) Without regard to whether an affidavit has been signed
under this subsection, payments that are subject to subsection
(1) of this section and that can be readily identified by the
financial institution as one of the types of payments described
in subsection (2) of this section are not subject to garnishment.
(5) A financial institution is not liable to any person for any
determination made in good faith, as defined in ORS 73.0103, with
respect to whether amounts are subject to garnishment under this
section.
(6) The provisions of this section do not affect the ability of
a debtor to claim any exemption that otherwise may be available
to the debtor under law for any amounts in an account in a
financial institution in excess of the amount specified in
subsection (1) of this section. + }
SECTION 3. ORS 18.618 is amended to read:
18.618. (1)(a) Notwithstanding ORS 18.615, the following are
not garnishable property:
(A) Equitable interests, except to the extent allowed under ORS
chapter 130.
(B) Property in the custody of the law.
(C) Property in the possession of a conservator.
(D) Property in the possession of a personal representative
that constitutes the subject matter of a trust contained in a
duly probated will of a decedent.
(E) If a residential landlord is the garnishee, property in the
possession of a residential landlord that is held as a security
deposit or prepaid rent under ORS 90.300.
(F) The right of a seller under a land sale contract, as
defined by ORS 18.960, to receive payments that are due more than
45 days after the writ of garnishment is delivered.
{ + (G) Amounts in an account in a financial institution that
are not subject to garnishment under section 2 of this 2009
Act. + }
(b) If a garnishee holds any property described in paragraph
(a) of this subsection, the garnishee must note in the garnishee
response required by ORS 18.680 that the garnishee holds the
property, but may not deliver the property to the garnishor.
(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.
(3) Notwithstanding any other provision of law, if a voluntary
or involuntary bankruptcy petition has been filed by or on behalf
of the debtor after a writ of garnishment could be issued under
ORS 18.605, the garnishment of any property of the debtor in the
garnishee's possession, control or custody is stayed pursuant to
section 362 of the United States Bankruptcy Code (11 U.S.C. 101
to 1330).
{ +
EXEMPT FUNDS IN FINANCIAL ACCOUNTS + }
SECTION 4. ORS 18.348 is amended to read:
18.348. (1) { - All - } Funds { + that are + } exempt from
execution { - and other process - } under ORS 18.358, 18.385
{ - (2) to (4) - } , 238.445, 344.580, 348.863, 401.405,
407.595, 411.760, 414.095, 655.530, 656.234, 657.855 and 748.207
{ - and 38 U.S.C. 3101 and 42 U.S.C. 407 shall - } remain
exempt when deposited in an account { - of a judgment
debtor - } { + in a financial institution + } as long as the
exempt funds are { + reasonably + } identifiable.
(2) { - Except as provided in subsection (3) of this section,
the provisions of - } Subsection (1) of this section
{ - do - } { + does + } not apply to any accumulation of funds
greater than $7,500.
{ - (3) Subsection (2) of this section does not apply to
funds exempt from execution or other process under 42 U.S.C.
407. - }
{ + (3) All funds that are exempt under federal law remain
exempt when deposited in an account in a financial institution as
long as the exempt funds are reasonably identifiable.
(4) The application of subsections (1) and (3) of this section
is not affected by the commingling of exempt and nonexempt funds
in an account. For the purpose of identifying exempt funds in an
account, first in, first out accounting principles shall be used.
(5) The provisions of this section do not affect the duties of
a garnishee with respect to amounts in accounts that are not
subject to garnishment under section 2 of this 2009 Act. + }
{ +
FINANCIAL INSTITUTION FEES + }
SECTION 5. ORS 18.790 is amended to read:
18.790. (1) Except as provided in subsection { - (2) - }
{ + (4) + } of this section, { - the garnishor must pay a $10
search fee - } at the time of delivery of any writ of
garnishment on a financial institution { - , - } or at the time
a notice of garnishment is delivered to the financial institution
under ORS 18.854 { + :
(a) A search fee of $10 must be paid to the financial
institution if the garnishor is the Department of Revenue.
(b) A search fee of $15 must be paid to the financial
institution if the garnishor is a person other than the
department + }.
{ + (2) + } A separate search fee must be { - delivered - }
{ + paid under this section + } to the financial institution for
each debtor if the writ is issued for more than one debtor under
ORS 18.607 (5).
{ + (3) + } If the search fee required { - by - }
{ + under + } this section is not paid:
(a) The garnishment is not effective to garnish any property of
the debtor; and
(b) The financial institution need not file a garnishee
response.
{ - (2) - } { + (4) + } The search fee { - provided for
in - } { + required under + } this section need not be paid to
a financial institution if the debtor is an employee of the
financial institution.
{ - (3) - } { + (5) + } Notwithstanding subsection (1) of
this section, a financial institution may enter into an agreement
with any state agency authorized to garnish pursuant to ORS
18.645 or 18.854 for periodic billing and payment of garnishee
search fees required under this section.
{ - (4) - } { + (6) + } The right of a financial
institution to receive the search fee { - provided for in - }
{ + required under + } this section does not in any way restrict
or impair the right of the financial institution to charge and
collect an additional garnishment processing fee from any debtor
whose property the financial institution holds, or to whom the
financial institution owes money. However, a financial
institution may not charge or collect a garnishment processing
fee in violation of ORS 652.610. If a financial institution
charges a garnishment processing fee, the financial institution
may collect the fee by deducting the amount of the fee from any
amount that the financial institution owes to the debtor.
{ + (7) A financial institution may not charge or collect a
garnishment processing fee under subsection (6) of this section
for a writ of garnishment if none of the debtor's property held
by the financial institution is subject to garnishment. + }
{ +
ADJUSTMENTS TO GARNISHMENT FORMS + }
SECTION 6. ORS 18.665 is amended to read:
18.665. (1) Upon receiving a writ of garnishment, the garnishee
shall determine whether a garnishee response is required under
ORS 18.680 and 18.682. The garnishee has no duty to determine
whether the garnishor, sheriff or other person has complied with
the requirements of ORS 18.600 to 18.850, or to otherwise
determine whether the writ of garnishment is valid. If a
garnishee response is required, the garnishee must make a
diligent effort to determine whether the garnishee is the
employer of the debtor and whether the garnishee has possession,
control or custody of any { + garnishable + } property of the
debtor as described in ORS 18.615. If the garnishee has
possession, control or custody of
{ - such - } { + garnishable + } property, the garnishee must
hold the property, or as much of the property as is necessary to
satisfy the garnishment, as required by ORS 18.600 to 18.850, and
thereafter make delivery of the property in the manner required
by ORS 18.600 to 18.850.
(2) The duty of a garnishee to hold and deliver property is not
affected by joint ownership of the property. If a garnishee holds
property that is owned, or appears to be owned, by the debtor and
one or more other persons, the garnishee must still hold and
deliver all of the property, or as much of the property as is
necessary to satisfy the garnishment.
(3) If a single writ is issued for two or more joint debtors
under ORS 18.607 (5) and the garnishable property in the
garnishee's possession, control or custody exceeds the amount
necessary to satisfy the garnishment, the garnishee must hold and
deliver as much of the property as is necessary to satisfy the
garnishment but may select, in the sole discretion of the
garnishee, the property to hold and deliver without regard to
which of the joint debtors owns the property.
SECTION 7. ORS 18.685 is amended to read:
18.685. A garnishee must note upon a garnishee response the
date on which the garnishee received the writ of garnishment. The
garnishee must also note upon the response the following
information and deliver the response in the manner provided by
ORS 18.690:
(1) If the garnishee discovers that a voluntary or involuntary
bankruptcy petition has been filed by or on behalf of the debtor
and the petition was filed after the date shown on the face of
the writ as the date on which the judgment was entered or
otherwise first became subject to garnishment.
(2) If the garnishee does not employ the debtor and the
garnishee does not have any garnishable property of the debtor in
the possession, control or custody of the garnishee, the
garnishee must so note on the response.
(3) If the garnishee employs the debtor, the garnishee must so
state on the response and make all other responses required by
this section or ORS 18.688. The garnishee must thereafter make
payment under the writ in the manner provided by ORS 18.735.
(4) If the garnishee has any cash belonging to the debtor { +
that is garnishable + }, or the garnishee owes any money to the
debtor other than wages that is due as of the time the response
is made, the garnishee must so note on the response. The
garnishee must make payment with the response in the manner
provided by ORS 18.730 of the amount subject to the garnishment,
or of such amount as will satisfy the garnishment, whichever
amount is less.
(5) If the garnishee owes any money to the debtor other than
wages that is not due as of the time the response is made but
that will become due within 45 days after the time the writ is
delivered, the garnishee must so note on the response. When the
money becomes due, the garnishee must make payment in the manner
provided by ORS 18.732 of the amount subject to the garnishment,
or of such amount as will satisfy the garnishment, whichever
amount is less.
(6) Except as provided in ORS 18.618 (1)(a)(F), if the
garnishee owes any money to the debtor other than wages that is
not due as of the time the response is made and the money will
not become due within 45 days after the time the writ is
delivered, the garnishee must so note on the response. The
garnishee must thereafter comply with ORS 18.750 to 18.760.
(7) If the garnishee has any garnishable property of the debtor
in the possession, control or custody of the garnishee that is
not cash or owed money, the garnishee must so note on the
response. The garnishee must thereafter comply with ORS 18.750 to
18.760.
(8) If the garnishee can determine from the writ that the
garnishee may owe money to or hold garnishable property of the
debtor, but is not sure what or how much, the garnishee must so
state on the response and must state that the garnishee will file
an amended response when the garnishee determines what or how
much money or property the garnishee owes or holds.
(9) If the garnishee determines that the writ of garnishment
does not comply on its face with ORS 18.600 to 18.850, or if the
garnishee is unable to determine the identity of the debtor from
the information contained in the writ, the writ of garnishment is
ineffective to garnish the property of the debtor. The garnishee
must so note on the response and provide an explanation.
(10) If, before delivering the garnishee response, the
garnishee receives an order to withhold income issued under ORS
chapter 25 that applies to the income of the debtor, the
garnishee must so note on the response. The garnishee must
provide details of the order to withhold income, including the
name of the agency serving the order, the date the order was
served on the garnishee and the amount to be withheld. If the
garnishee employs the debtor, the garnishee must make the
responses required under ORS 18.688.
(11) If the garnishee receives notice of a challenge to the
garnishment before delivering the response, the garnishee must so
note on the response. The garnishee must thereafter comply with
ORS 18.708.
SECTION 8. ORS 18.835 is amended to read:
18.835. A garnishee response 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, )GARNISHEE
)RESPONSE
vs. )Case No. ___
)
____
)
Defendant. )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
The writ of garnishment was delivered to me on the __ day of
___, 2_. The following responses are accurate and complete as of
that date.
_________________________________________________________________
PART I: DEBTOR'S PROPERTY
GENERALLY
(ALL GARNISHEES MUST FILL OUT
THIS PORTION OF THE RESPONSE)
Place a check in front of all the following statements that
apply. You may need to check more than one statement.
_ I have discovered that a voluntary or involuntary bankruptcy
petition has been filed by or on behalf of the Debtor after
the date shown on the face of the writ as the date on which
the judgment was entered against the Debtor or after the debt
otherwise became subject to garnishment. (You need not
complete any other part of this response, but you must sign
the response and deliver it in the manner specified in Step 2
of the Instructions to Garnishee form.)
_ I do not employ the Debtor, I do not have in my possession,
control or custody any personal property of the Debtor, and I
do not owe any debts or other obligations to the Debtor.
_ I employ the Debtor. (You must complete Part II of this
response.)
_ I have in my possession, control or custody
{ + garnishable + } money that belongs to the Debtor (other
than wages), or I owe a debt or other obligation to the
Debtor (other than wages) that is due as of the time of this
response. I am forwarding this money, or enough of it to
satisfy the garnishment, to the Garnishor.
_ I owe a debt or other obligation to the Debtor (other than
wages) that was not due as of the time of this response but
will become due within 45 days after the writ was delivered
to me. I will forward the money, or enough of it to satisfy
the garnishment, to the Garnishor when the debt or other
obligation becomes due.
_ I owe the following debt or other obligation to the Debtor
(other than wages) that will not become due within 45 days
after the date that the writ was delivered to me. I will not
make any payments on the debt or obligation until I receive
instructions from the Sheriff or until 30 days have passed
from the date on which I deliver this response. (See
Instructions to Garnishee form.)
_______________
_______________
_______________
_______________
_ I have in my possession, control or custody the following
personal property (other than money) that belongs to the
Debtor. I will hold all of the property for the Garnishor
until I receive instructions from the Sheriff or until 30
days have passed from the date on which I deliver this
response. (See Instructions to Garnishee form.)
_______________
_______________
_______________
_______________
_ I may owe money to or hold property of the Debtor, but I am
not sure what or how much it might be. (You must provide an
explanation in the following space and you must deliver an
amended response when you find out. You must deliver an
amended response even if you find out that you have no
property of the Debtor or owe no money to the Debtor.)
_______________
_______________
_______________
_______________
_ { + (FINANCIAL INSTITUTIONS ONLY) We hold one or more
accounts for the Debtor, of which $___ is not subject to
garnishment under section 2 of this 2009 Act. We are
forwarding all other garnishable amounts, or enough of it to
satisfy the garnishment, to the Garnishor. + }
_______________
_______________
_______________
_______________
_ The writ of garnishment delivered to me, on its face, does
not comply with the Oregon laws governing writs of
garnishment, or I cannot determine the identity of the Debtor
from the information in the writ. (You must provide an
explanation in the following space.)
_______________
_______________
_______________
_______________
_ I have received an order to withhold income that applies to
the income of the Debtor. The order to withhold income has
priority over the writ of garnishment, and compliance with
the order will reduce or eliminate the money that I would
otherwise deliver under the writ. (Provide details, including
the name of the agency serving the order to withhold income,
the date the order was served on you and the amount to be
withheld. If you employ the Debtor, you must still complete
Part II of this response.)
_______________
_______________
_______________
_______________
_ I have received notice of a challenge to the garnishment. I
will deliver to the court administrator all money that I
would otherwise deliver to the Garnishor. (See Step 3 of
Instructions to Garnishee form.)
_ Other (Explain)
_______________
_______________
_______________
_______________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
PART II: DEBTOR'S EMPLOYER
(GARNISHEES WHO EMPLOY THE
DEBTOR MUST FILL OUT THIS
PORTION OF THE RESPONSE)
Place a check in front of all the following statements that
apply. You may need to check more than one statement.
NOTE: THE LAW PROHIBITS DISCHARGE OF THE DEBTOR FROM EMPLOYMENT
BY REASON OF GARNISHMENT.
_ I employ the Debtor. The Debtor is paid on a ___ basis
(insert 'weekly,' 'monthly' or other pay period). Wages will
next be payable to the Debtor on the __ day of ___, 2_. I
will complete a Wage Exemption Calculation form for each
payment of wages that is made during the 90-day period
immediately following the date that the writ of garnishment
was delivered to me. I will also complete a Wage Exemption
Calculation form for the payday immediately following the end
of the 90-day period. I will forward to the Garnishor on each
of these occasions those wages calculated to be subject to
garnishment, or enough of those wages to satisfy the
garnishment.
_ I had already received a writ of garnishment from another
Garnishor before this writ was delivered to me. Under Oregon
law, the previous writ has priority. The previous writ will
terminate on the __ day of ___, 2_.
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
I hereby certify that I have fully and accurately completed
this garnishee response.
Dated ___, 2_
__________
Name of Garnishee
__________
Signature
Telephone number __________
Fax number (if available) _______
__________
Address
_________________________________________________________________
SECTION 9. ORS 18.838 is amended to read:
18.838. Instructions to garnishees must be in substantially the
following form:
_________________________________________________________________
INSTRUCTIONS TO GARNISHEE
Except as specifically provided in these instructions, you must
complete and deliver the Garnishee Response within seven calendar
days after you receive the writ of garnishment. If the writ does
not comply with Oregon law, the writ is not effective to garnish
any property of the Debtor, but you still must complete and
deliver the Garnishee Response. You must complete and deliver the
response even though you cannot determine from the writ whether
you hold any property or owe any debt to the Debtor. If the
seventh calendar day is a Saturday, Sunday or legal holiday, you
must deliver your response on or before the next following day
that is not a Saturday, Sunday or legal holiday.
The writ is not effective, and you need not make a Garnishee
Response, if:
o You do not receive the writ within 60 days after the date of
issuance shown on the face of the writ.
o You do not receive an original writ of garnishment or a copy
of the writ.
Statutes that may affect your rights and duties under the writ
can be found in ORS 18.600 to 18.850.
NOTE: The Garnishor may be the Creditor, the attorney for the
Creditor or some other person who is authorized by law to issue
the writ of garnishment. See the writ to determine who the
Garnishor is.
STEP 1. FILL OUT THE GARNISHEE RESPONSE.
All garnishees who are required to deliver a garnishee response
must fill in Part I of the Garnishee Response. Garnishees who
employ the Debtor must also fill in Part II of the response. You
should keep a copy of the response for your records.
Completing Part I of the Garnishee Response. If you discover
before you deliver your response that a bankruptcy petition has
been filed by or on behalf of the Debtor, and the bankruptcy
petition was filed after a judgment was entered against the
Debtor or after the debt otherwise became subject to garnishment
(see the date specified in the writ), you must put a check by the
appropriate statement in Part I. If a bankruptcy petition has
been filed, you should not make any payments to the Garnishor
unless the court orders otherwise. You need not complete any
other part of the response, but you still must sign the response
and deliver it in the manner described in Step 2 of these
instructions.
In all other cases you must list in Part I all money and
personal property of the Debtor that is in your possession,
control or custody at the time of delivery of the writ. You must
also list all debts that you owe to the Debtor, whether or not
those debts are currently due (e.g., money loaned to you by the
Debtor that is to be repaid at a later time).
If you are the employer of the Debtor at the time the writ is
delivered to you, you must put a check by the appropriate
statement in Part I. In addition, you must complete Part II of
the response.
If you believe that you may hold property of the Debtor or that
you owe a debt to the Debtor, but you are not sure, you must put
a check by the appropriate statement and provide an explanation.
When you find out what property you hold that belongs to the
Debtor, or you find out whether you owe money to the Debtor and
how much, you must prepare and deliver an amended response. You
must do this even if you find out that you have no property of
the Debtor or that you do not owe anything to the Debtor.
If you determine that the writ, on its face, does not comply
with Oregon laws governing writs of garnishment, or if you are
unable to determine the identity of the Debtor from the
information in the writ, then the writ is not effective to
garnish any property of the Debtor. You must put a check by the
appropriate statement in Part I and provide an explanation. You
still must complete the response and deliver the response in the
manner described in Step 2 of these instructions.
If you have received an order to withhold income that applies
to the income of the Debtor and that order has priority over the
garnishment, and if compliance with the order will reduce or
eliminate the money or property that you would otherwise deliver
under the garnishment, you must put a check by the appropriate
statement in Part I. You still must fill out the remainder of the
response and deliver the response in the manner described in Step
2 of these instructions. If you employ the Debtor, you still must
complete Part II of the response.
If you receive notice of a challenge to the garnishment before
you send your response, you must complete and deliver your
response as otherwise required by these instructions. However,
see Step 3 of these instructions regarding payment of money or
delivery of property after receipt of notice of a challenge to
the garnishment.
If you owe a debt to the Debtor and the Debtor owes a debt to
the holder of an underlying lien on your property, you may be
able to offset the amount payable to the underlying lienholder.
See ORS 18.620. You must note that you have made the offset in
Part I of the response (under 'Other') and specify the amount
that was offset.
Completing Part II of the Garnishee Response (employers only).
You must fill in Part II of the response if you employ the Debtor
on the date the writ of garnishment is delivered to you, or if
you previously employed the Debtor and still owe wages to the
Debtor on the date the writ is delivered to you.
Wages affected. Except as provided below, the writ garnishes
all wages that you owe to the Debtor for work performed before
the date you received the writ, even though the wages will not be
paid until a later date. The writ also garnishes all wages that
are attributable to services performed during the 90-day period
following the date you received the writ, even though you would
not pay the Debtor for all or part of those services until after
the end of the 90-day period. Wages subject to garnishment under
the writ include all amounts paid by you as an employer, whether
on an hourly, weekly or monthly basis, and include commission
payments and bonuses.
Example 1: Debtor A is employed by you and is paid a monthly
salary on the first day of each month. You receive a writ of
garnishment on July 17. The writ garnishes all wages that
you owe to Debtor A for work performed on or before July 17.
If Debtor A was paid on July 1 for services performed in the
month of June, the writ garnishes Debtor A's salary for the
period beginning July 1 and ending October 15 (90 days after
receipt of the writ).
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.
Calculation of wages subject to garnishment. A Wage Exemption
Calculation form is attached to the writ of garnishment. You must
use this form to calculate the amount of the Debtor's wages that
is subject to garnishment. You should read the instructions
printed on the Wage Exemption Calculation form to determine the
normal wage exemption and the minimum wage exemption for each
payment you make under the writ.
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.
Payment of amount subject to garnishment. Payments under the
writ must be made at the following times, unless the amount owing
on the judgment or other debt is fully paid before the final
payment is made or the writ is released:
(a) You must make a payment to the Garnishor of all wages
subject to garnishment at the time you next pay wages to the
Debtor. Complete the wage exemption computation, using the Wage
Exemption Calculation form, to determine the portion of the
Debtor's wages that is subject to garnishment. Be sure to adjust
the minimum exemption amount for any payment that covers less
than a full pay period. You must include a copy of the Wage
Exemption Calculation form with this first payment.
Example 2: Using the facts given in Example 1, when you next
make any payment of wages to Debtor A after you receive the
writ on July 17, you must complete the Wage Exemption
Calculation form and send the form to the Garnishor along
with all amounts determined to be subject to garnishment
that are attributable to the period covered by the payment.
If you pay Debtor A on August 1, the payment will be for all
wages attributable to the period beginning July 1 and ending
July 31.
(b) Unless the writ of garnishment is satisfied or released,
during the 90-day period following the date you received the
writ, you must pay to the Garnishor all wages that are determined
to be subject to garnishment whenever you issue a paycheck to the
Debtor. If the Debtor is paid on a weekly basis, you must make
payment under the writ on a weekly basis. If the Debtor is paid
on a monthly basis, you must make payment under the writ on a
monthly basis. If the amount paid to the Debtor varies from
paycheck to paycheck, or changes at any time from the amount
being paid at the time the writ was delivered to you, you must
perform a new wage exemption computation to determine the amount
of wages subject to garnishment under the writ. You must send a
copy of the new Wage Exemption Calculation form with your payment
to the Garnishor.
Example 3: Using the facts given above, as you make each
subsequent payment of wages to Debtor A you must make a
payment of that portion of the Debtor's wages that are
subject to garnishment. If you continue to pay Debtor A on
the first of each month, payments must be made on September
1 and October 1.
(c) Upon the expiration of the 90-day period, you must make a
final payment to the Garnishor for all wages that were owing to
the Debtor for the work performed by the Debtor through the 90th
day following your receipt of the writ. This payment may be made
at the time of the Debtor's next paycheck. You will need to
complete another Wage Exemption Calculation form to determine the
amount of the wages subject to garnishment.
Example 4: Using the facts given above, you must make a
final payment for the wages owing to Debtor A for the period
beginning October 1 and ending October 15. You may make this
payment at the time you issue Debtor A's paycheck on
November 1, but you must make the payment at any time you
issue a paycheck to Debtor A after October 15. Be sure that
in completing the wage exemption computation for the final
payment you adjust the minimum exemption amount to take into
account the fact that the period covered is only 15 days of
the full month (see instructions on Wage Exemption
Calculation form).
Processing fee. You may collect a $1 processing fee for each
week of wages, or fraction of a week of wages, for which a
payment is made under the writ. The fee must be collected after
you make the last payment under the writ. The fee must be
withheld from the wages of the debtor, and is in addition to the
amounts withheld for payment to the garnishor under the writ or
under any other writ you have received.
If you receive more than one writ of garnishment. If you
receive a second writ of garnishment for the same Debtor from
another Garnishor, the first writ will have priority for wages.
The priority of the first writ lasts for the 90-day period
following delivery of that writ to you, or until the first writ
is paid in full, whichever comes first. In your response to the
second writ, you must put a check by the appropriate statement in
Part II and indicate the date on which the first writ will expire
(90 days after the date you received the writ). You should make
no payments under the second writ until expiration of the first
writ. The expiration date of the second writ is 90 days after
the date you received the second writ; the expiration date is not
affected by any delay in payment attributable to the priority of
the first writ.
STEP 2. DELIVER THE GARNISHEE RESPONSE.
You must deliver your Garnishee Response and copies of the
response in the manner provided in this step. The response and
copies may be mailed or delivered personally.
You must complete and deliver the Garnishee Response within
seven calendar days after you receive the writ of garnishment. If
the seventh calendar day is a Saturday, Sunday or legal holiday,
you must deliver your response on or before the next following
day that is not a Saturday, Sunday or legal holiday.
If you are required to hold any property under the writ or make
any payment under the writ, either at the time of making your
response or later, you must:
(a) Send the original of your Garnishee Response to the
Garnishor at the address indicated on the writ under Important
Addresses.
(b) Send a copy of your Garnishee Response to the court
administrator at the address indicated on the writ under
Important Addresses.
(c) Send a copy of your Garnishee Response to the Debtor if an
address is indicated on the writ under Important Addresses.
If you are not required to hold any property under the writ or
make any payment under the writ, either at the time of making
your response or later, you must:
(a) Send the original of your Garnishee Response to the
Garnishor at the address indicated on the writ under Important
Addresses.
(b) Send a copy of your Garnishee Response to the Debtor if an
address is indicated on the writ under Important Addresses.
STEP 3. DELIVER THE FUNDS OR OTHER PROPERTY.
As long as the writ is in effect, you may be liable to the
Creditor if you pay any debt or turn over any property to the
Debtor except as specifically allowed by law. If you have any
money or property of the Debtor in your possession, control or
custody at the time of delivery of the writ, or owe any debt to
the Debtor, you must pay the money or hold the property as
required by this step. Exceptions to this requirement are listed
below.
IF YOU ARE HOLDING MONEY FOR THE DEBTOR OR OWE A DEBT THAT IS
CURRENTLY DUE, you must pay the money to the Garnishor with your
response. You must send your payment to the Garnishor at the
address indicated on the writ under Important Addresses. Make
your check payable to the Garnishor.
IF YOU OWE A DEBT TO THE DEBTOR THAT WILL BECOME DUE WITHIN 45
DAYS AFTER THE DATE YOU RECEIVED THE WRIT, you must send your
payment directly to the Garnishor at the address provided in the
writ when the debt becomes due. Make your check payable to the
Garnishor.
IF YOU ARE HOLDING PROPERTY THAT BELONGS TO THE DEBTOR, OR OWE
A DEBT TO THE DEBTOR THAT WILL NOT BECOME DUE WITHIN 45 DAYS
AFTER THE DATE YOU RECEIVED THE WRIT, you must keep the property
or debt in your possession, control or custody until you receive
written notice from the Sheriff. The Sheriff's notice will tell
you what to do with the property or debt. If you have followed
all of the instructions in the writ and you receive no notice
from the Sheriff within 30 days after the date on which you
delivered your Garnishee Response, you may treat the writ as
being of no further force or effect.
EXCEPTIONS:
1. Challenge to garnishment or specific directions from court.
If you are making any payments under the garnishment and before
making a payment you receive notice of a challenge to the
garnishment from the court, or receive a specific direction from
the court to make payments to the court, you must send or deliver
the payment directly to the court administrator. If the money is
currently due when you receive the notice, send the payment
promptly to the court. If the payment is for a debt that is
payable within 45 days after you receive the writ, make the
payment to the court promptly when it becomes due. If you make
payment by check, make the check payable to the State of Oregon.
Because you may be liable for any payment that does not reach the
court, it is better not to send cash by mail.
A challenge to the garnishment does not affect your duty to
follow the instructions you receive from the Sheriff for property
that belongs to the Debtor and debts that you owe to the Debtor
that do not become due within 45 days.
2. Previous writ of garnishment. If you receive a second writ
of garnishment for the same Debtor from another Garnishor, the
first writ will have priority and you need not make payments or
deliver property under the second writ to the extent that
compliance with the first writ will reduce or eliminate the
payment of money or delivery of property that you would otherwise
make under the garnishment. You must still deliver a Garnishee
Response to the second writ, and must commence payment under the
second writ as soon as the first writ is satisfied or expires.
3. Offset for payment of underlying lien. If you owe a debt to
the Debtor and the Debtor owes a debt to the holder of an
underlying lien on your property, you may be able to offset the
amount payable to the underlying lienholder. See ORS 18.620.
4. Subsequent events:
(a) Bankruptcy. If you make your response and then discover
that a voluntary or involuntary bankruptcy petition has been
filed by or on behalf of the Debtor after the judgment was
entered against the Debtor or after the debt otherwise became
subject to garnishment (see date in writ), you may not make any
further payments or delivery of property under the writ unless
the court orders otherwise. If you have not delivered all
property that is subject to garnishment under this writ when you
discover that a bankruptcy petition has been filed, you must mail
the following notice to the Garnishor and to the Debtor.
(b) Order to withhold income. If you make your response and
then receive an order to withhold income that has priority over
the writ, you may make payments or deliver property under the
writ only after payment of the amounts required under the order
to withhold income. If you have not delivered all property that
is subject to garnishment under this writ when you receive an
order to withhold income that has priority, you must mail the
following notice to the Garnishor and to the Debtor.
_________________________________________________________________
SUPPLEMENTAL GARNISHEE
RESPONSE
TO: The Garnishor and the Debtor
RE: Writ of garnishment received ___, 2_ (date), in the case of
_____ (Plaintiff) vs. _____ (Defendant), Circuit Court of ____
County, Oregon, Case No. ___.
The undersigned Garnishee furnished a Garnishee Response to
this writ of garnishment on ___, 2_ (date). Since that time
(check appropriate statement):
_ I have discovered that a voluntary or involuntary bankruptcy
petition has been filed by or on behalf of the Debtor after
the judgment was entered against the Debtor or after the debt
otherwise became subject to garnishment.
_ I have received an order to withhold income of the Debtor by
reason of a support obligation. Under ORS 25.375, the order
to withhold income has priority over any other legal process
under Oregon law against the same income. The withholding of
income pursuant to the order to withhold income might reduce
or eliminate subsequent payments under the garnishment.
(Provide details, including the name of the agency serving
the order to withhold, the date the order was served on you
and the amounts to be withheld.)
Dated ___, 2_
__________
Name of Garnishee
__________
Signature
__________
Address
_________________________________________________________________
SPECIAL INSTRUCTIONS FOR BANKS
AND OTHER FINANCIAL INSTITUTIONS
{ + If you hold an account for the debtor, and any of the
following payments has been identified by the debtor, or can
readily be identified by you, as having been deposited in the
account by direct deposit or electronic payment during the
calendar month that preceded the month in which the writ of
garnishment was delivered to you, an amount equal to the lesser
of the sum of those payments or the total balance in the debtor's
account is not subject to garnishment, and you may not deliver
that amount to the garnishor:
(a) Payments from a public or private retirement plan;
(b) Payments from the Social Security Administration;
(c) Public assistance payments from the state or a state
agency;
(d) Unemployment compensation payments from the state or a
state agency;
(e) Black lung benefits payments from the United States
Department of Labor;
(f) Veteran benefits payments from the Veterans Benefits
Administration; and
(g) Workers' compensation payments from a workers' compensation
carrier. + }
If the Garnishor fails to pay the search fee required by ORS
18.790 and you do not employ the Debtor, you are not required to
deliver a Garnishee Response and you may deal with any property
of the Debtor as though the garnishment had not been issued.
If the Debtor owes a debt to you that was due at the time you
received the writ of garnishment, you may be able to offset the
amount of that debt. See ORS 18.795. You must note that you have
made the offset in Part I of the Garnishee Response (under '
Other') and specify the amount that was offset.
Before making a payment under the writ, you may first deduct
any processing fee that you are allowed under ORS 18.790.
{ + You may not deduct a processing fee if all amounts held by
you for the debtor are not subject to garnishment. + }
You need not deliver any property contained in a safe deposit
box unless the Garnishor pays you in advance for the costs that
will be incurred in gaining entry to the box. See ORS 18.792.
_________________________________________________________________
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) $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) { + All Social Security benefits and Supplemental Security
Income benefits, and up to $7,500 in + } exempt wages,
{ - Social Security benefits (other than SSI), - } { +
retirement benefits, + } welfare, unemployment benefits and
disability benefits { + , that are held in a bank account + }
{ - when placed in a checking or savings account (up to
$7,500) - } . { + You may attach copies of bank statements to
the Challenge to Garnishment form if you claim this
exemption. + }
(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, manufactured dwelling or floating
home) 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 manufactured dwelling or floating home located on
land that is not owned by you, $20,000. If you jointly own the
manufactured dwelling or floating home with another person who is
also liable on the debt, $27,000.
(b) For a manufactured dwelling or floating home located on
land that is owned by you, $23,000. If you jointly own the
manufactured dwelling or floating home 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.
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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 FOR THE FOLLOWING
PURPOSES:
(1) To claim such exemptions from execution as are permitted by
law.
(2) To assert that the amount specified in the writ of
execution as being subject to execution is greater than the total
amount owed.
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 FOR THE
FOLLOWING PURPOSES:
(1) To claim such exemptions from execution as are permitted by
law.
(2) To assert that the amount specified in the writ of
execution as being subject to execution is greater than the total
amount owed.
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) $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) { + All Social Security benefits and Supplemental Security
Income benefits, and up to $7,500 in + } exempt wages,
{ - Social Security benefits (other than SSI), - } { +
retirement benefits, + } welfare, unemployment benefits and
disability benefits { + , that are held in a bank account + }
{ - 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, manufactured dwelling or floating
home) 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 manufactured dwelling or floating home located on
land that is not owned by you, $20,000. If you jointly own the
manufactured dwelling or floating home with another person who is
also liable on the debt, $27,000.
(b) For a manufactured dwelling or floating home located on
land that is owned by you, $23,000. If you jointly own the
manufactured dwelling or floating home 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.
_________________________________________________________________
{ +
APPLICABILITY + }
SECTION 12. { + Section 2 of this 2009 Act and the amendments
to ORS 18.348, 18.618, 18.665, 18.685, 18.790, 18.835, 18.838,
18.845 and 18.896 by sections 3 to 11 of this 2009 Act apply only
to writs of garnishment and writs of execution issued on or after
the effective date of this 2009 Act. + }
{ +
MISCELLANEOUS + }
SECTION 13. { + The unit captions used in this 2009 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2009 Act. + }
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