Session Law
AN ACT
SB 28
Relating to garnishment;
creating new provisions; and amending ORS 29.145, 29.147, 29.411 and 29.415 and
sections 142 and 143, chapter 746, Oregon Laws 1997.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 2 of this 1999 Act is added to and
made a part of ORS 29.285 to 29.335.
SECTION 2. (1) A garnishee shall give priority to any
order to withhold income entitled to priority under ORS 25.722. A garnishee
must comply with the requirements of this section if the garnishee receives an
order to withhold income that is entitled to priority under ORS 25.722 at any
time before the garnishee mails or delivers the final amount due under the
garnishment.
(2) If the garnishee has not yet delivered the garnishee's certificate required under ORS 29.235 when the garnishee receives an order to withhold income entitled to priority under ORS 25.722, the garnishee must deliver the garnishee's certificate pursuant to ORS 29.235, noting on the certificate that the garnishee has received an order to withhold income of the debtor and that compliance with the order will reduce or eliminate the income of the debtor that would otherwise be paid over by the garnishee in response to the garnishment.
(3) The garnishee shall
prepare a notice of receipt of order to withhold income in the form provided by
subsection (4) of this section, and deliver it to the persons listed in ORS
29.235 (6), if:
(a) The garnishee is served
with a writ of continuing garnishment under ORS 29.401 to 29.415;
(b) The garnishee receives
an order to withhold income entitled to priority under ORS 25.722 after the
garnishee delivers the garnishee's certificate required under ORS 29.235; and
(c) Compliance with the
order to withhold income might reduce or eliminate subsequent payments under
the garnishment.
(4) The notice of receipt of
order to withhold income required under subsection (3) of this section must be
in substantially the following form:
___________________________________________________________________
NOTICE OF RECEIPT OF
ORDER TO WITHHOLD INCOME
TO: The Clerk of Court,
Creditor/Creditor's Attorney and Debtor
Re: Writ of continuing
garnishment received _________, ____ (Date), in the case of ___________
(Plaintiff) vs. ___________ (Defendant), Circuit Court of ______ County,
Oregon, Case No. ____.
The undersigned garnishee
furnished a certificate of garnishee in response to this garnishment
on _________, ____ (Date).
The garnishee has
received an order to withhold income of the Debtor by reason of a support
obligation. Under ORS 25.722, 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.
Dated _________, ____.
________________
Name of Garnishee
________________
Signature
________________
Address
___________________________________________________________________
SECTION 3.
ORS 29.145 is amended to read:
29.145. This section establishes a form for a writ of
garnishment issued by the clerk of the court as described in ORS 29.137 and
29.138. A writ of garnishment issued by the clerk of the court shall be in
substantially the following form:
___________________________________________________________________
(This form is for
garnishments issued under ORS 29.137 and 29.138.)
IN THE ______ COURT
OF THE STATE OF OREGON
FOR THE COUNTY OF ______
________ )
Plaintiff, ) WRIT OF
) GARNISHMENT
) ISSUED
BY THE
vs. ) COURT CLERK
) Case
No. ____
________, )
Defendant. )
IN THE NAME OF THE STATE OF OREGON, TO: ___________.
You are now a Garnishee.
AS A GARNISHEE, YOU NEED TO KNOW THE FOLLOWING (the following
information is to be filled in by the Creditor):
On the ___ day of ____, 19__, (cross out one)
plaintiff/defendant _______, named above and called "Creditor," has
(check one):
____ filed an action
____ obtained a judgment (a court order for the payment of
money) against the (cross one out) plaintiff/defendant ______, named above and
called "Debtor." The Debtor's Social Security Number or Employer
Identification Number is __________ (insert if known). The following amount is
necessary to satisfy the Creditor's claim or judgment:
+Claim or Judgment Debt $_____
+Prejudgment Interest $_____
+Attorney Fees $_____
+Cost Bill $_____
+Post-Judgment Interest $_____
+Delivery Fee for this Writ $_____
+Issuance Fee for this Writ $_____
+Sheriff's Fees other
--than Delivery Fees $_____
+Other (Explain. Attach
additional sheets
if necessary. NOTE:
INSERTING ITEMS
AND AMOUNTS NOT LAWFULLY
SUBJECT
TO COLLECTION BY GARNISHMENT
MAY
RESULT IN LIABILITY FOR
WRONGFUL
EXECUTION.)
______ $_____
______ $_____
______ $_____
______ $_____
Total other from
additional sheet
(if used) $_____
+Past Writ Issuance Fees $_____
+Past Delivery Fees $_____
+Transcript and Filing
--Fees for other counties $_____
=Subtotal $_____
LESS Payments Made $(____)
=TOTAL Amount
Required to
Satisfy in Full this Claim
or Judgment $_____
THE CLERK OF THE COURT HAS NOT CALCULATED ANY AMOUNTS ON THE
WRIT AND IS NOT LIABLE FOR ERRORS MADE IN THE WRIT BY THE CREDITOR.
* * *
Witness the hand and seal of the court on this ___ day of ____,
19__.
By ________________
State of Oregon )
) ss.
County of _____ )
I certify that the foregoing is a true and correct copy of the
original Writ of Garnishment in the above-entitled case.
CLERK
OF THE COURT
By
_________
___________________________________________________________________
I certify that I have read the Writ of Garnishment; and to the
best of my knowledge, information and belief, there is good ground to support
it, and all sums included above are lawfully subject to collection by this
garnishment.
________________________________
Creditor/Creditor's Attorney
(or Agent)
_____________________ ________________
Address Telephone
Number
_____________________
Oregon State Bar Number
(if applicable)
* * *
GARNISHEE'S
DUTIES
YOU MUST ANSWER THIS WRIT BY COMPLETING AND FILING A CERTIFICATE OF GARNISHEE WHETHER OR NOT YOU HOLD ANY OF THE DEBTOR'S PROPERTY OR OWE ANYTHING TO THE DEBTOR.
IF YOU FAIL TO ANSWER THIS WRIT, OR IF YOU ANSWER IT
UN-TRUTHFULLY, OR IF YOU FAIL TO DELIVER THE PROPERTY WHEN REQUIRED TO DO SO,
YOU MAY BE SUBJECT TO COURT PROCEEDINGS UNDER ORS 29.285 AND MAY BE HELD LIABLE
TO THE CREDITOR FOR THE LESSER OF:
(A) THE TOTAL AMOUNT CLAIMED IN THIS WRIT, OR
(B) THE AMOUNT YOU OWE THE DEBTOR OR THE VALUE OF PROPERTY YOU
HOLD.
NOTE: YOU MAY NOT LAWFULLY DISCHARGE THE DEBTOR FROM EMPLOYMENT
AS A RESULT OF THIS GARNISHMENT.
As a Garnishee, you must take the following steps:
STEP 1. COMPLETE THE
CERTIFICATE AND SCHEDULE.
Except when you have not received the original writ or a true
copy thereof, one additional copy of the writ and, if you are a financial
institution, a garnishee's search fee of $10, within five days of receiving the
writ, you must fill out and file the forms below called "Certificate of
Garnishee" and, if required (see schedule form), the "Earnings
Exemption Computation Schedule."
In filling out the form, you must describe any garnished
property or debts you know you have in your possession. This writ garnishes
only personal property of the Debtor you hold or debts you owe to the Debtor as
of the date you received this writ, including debts that existed but were not
yet due when you received this writ. You file these forms by following Step 2
below.
If you have questions, you should contact an attorney. The
clerk of court cannot give you legal advice.
If, when the writ was delivered to you, you did not receive the
original writ or a true copy thereof, one additional copy of the writ and, if
you are a financial institution, a garnishee's search fee of $10, the
garnishment is not effective to garnish any property, you are not required to
respond by filing the garnishee's certificate and you may deal with any
property of the Debtor as though the garnishment had not been issued.
If the writ does not comply with Oregon law or if you cannot
tell from the writ whether you hold any property or owe any debt to the Debtor,
the writ does not garnish anything, but you must fill out the certificate
anyway and follow Step 2. Keep a copy for your records.
If the writ does comply with Oregon law and you can tell that
you may hold property of or owe a debt to the Debtor but you are not sure what
or how much, you must fill out the certificate anyway and explain why. You must
then follow Step 2. When you find out whether or what you do owe the Debtor,
you should amend the certificate, even if you find out you do not owe the
Debtor anything. Follow Step 2 again and file the amended certificate.
If you discover before you send your certificate under Step 2
that a voluntary or involuntary bankruptcy petition has been filed by or on
behalf of the Debtor under section 301, 302 or 303 of the United States
Bankruptcy Code (11 U.S.C. 101 to 1330), you must describe in your certificate
any garnished property or debts that you know that you have in your possession,
and note on the certificate that a bankruptcy petition has been filed.
If you have received an
order to withhold income that is entitled to priority over this garnishment,
you must note on your certificate that you have received an order to withhold
income of the Debtor and that compliance with the order will reduce or
eliminate the income of the Debtor that you would otherwise pay in response to
the garnishment.
After filing the certificate under Step 2, go on to Step 3 if
you owe anything to the Debtor or hold property that belongs to the Debtor.
STEP 2. FILE THE
CERTIFICATE AND SCHEDULE.
Within five days of receiving the writ, you must send all
of the following (information to be filled in by Creditor):
The original certificate and schedule form to the clerk
of circuit court of ____ County at:
Street address: _____________________
City ___________ County
___________
State __________ Zip code
__________
A copy of the certificate and schedule form to the
Debtor at (last-known address):
Name ______________
Street address ___________
City ______ State
______
Zip Code _______
Telephone number (if known) _____
A copy of the certificate and schedule form to the
Creditor at:
Name ______________
Street address ___________
City ______ State
______
Zip Code _______
Telephone number ________
A copy of the certificate to the Sheriff of the county
where this writ was delivered to you. You will need to look up the address. You
are required to send a copy to the Sheriff only if you hold personal
property of the Debtor or owe a debt or other obligation payable to the Debtor
other than a debt or other obligation payable that is due now or will become
due within 45 days.
STEP 3. DELIVER THE FUNDS
OR OTHER PROPERTY.
Unless you have discovered that a bankruptcy petition has been
filed by or on behalf of the Debtor and your certificate contains a statement
to that effect, and if, after exercising any applicable right of setoff and complying with any orders to withhold
income that you have received and that are entitled to priority over this
garnishment, you owe anything to the Debtor or hold property that belongs
to the Debtor, you must do (a) or (b) below, or both, after you file the
certificate under Step 2, depending on what you owe or hold:
(a) MONEY OR OTHER OBLIGATION DUE WITHIN 45 DAYS. If you owe or
hold a debt or other obligation payable in money that is due now or will become
due in 45 days, do the following:
Unless you receive a notice of claim of exemption or other
direction from the court (a document or other notice from the clerk of the
court telling you what to do with the money or informing you that the Debtor is
claiming that all or some of the money cannot be garnished), when you send your
certificate or when the debt or other obligation becomes due, whichever is
later, make your check or other draft payable to the Creditor and send the
payment directly to the Creditor at the address shown in Step 2.
In making payments under this writ, you may first deduct any
garnishment processing fee which you levy as permitted in ORS 29.377, and you
need to prorate any wages or periodic payments, so that you pay only the amount
you owe the Debtor on the date you receive this writ.
If you receive a notice of claim of exemption from the court or
direction from the court to deliver the money to the court and have not yet
forwarded the money, send or deliver the payment directly to the clerk of the
court. You must send the payment promptly with the Certificate of Garnishee if
it is now due; otherwise, send it when it becomes due and send the Certificate
of Garnishee as required under Step 2. If you make payment by check or other
draft, make it payable to the court. Because you may be liable for money
that does not reach the court, it is better not to send cash by mail.
AND/OR
(b) DEBTS DUE AFTER 45 DAYS AND OTHER PROPERTY. If you filed
your certificate with the Sheriff under Step 2, do the following even if you
receive a notice of claim of exemption from the court:
Hold subject to this garnishment the debt or property now in
your possession, control or custody until you receive written notice from the
Sheriff. The Sheriff's notice should tell you what to do with the debt or
property. If the debt or property is not convenient for you to deliver to the
Sheriff and you want the Sheriff to come get the property, you must explain
this fact on the certificate.
If you have followed all of the steps in this writ and you
receive no notice from the Sheriff within 30 days after this writ was delivered
to you, you may treat this garnishment as being of no further force or effect.
As long as this 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
the exempt portion of any wages you owe to the Debtor unless you are otherwise
directed by the court or unless the claim or judgment for which this writ of
garnishment was given is satisfied in full.
___________________________________________________________________
EARNINGS
EXEMPTION
COMPUTATION
SCHEDULE
The Garnishee must complete
the following form and fill in the correct amounts only if the Garnishee is an
employer of the Debtor under ORS 23.175.
1. Debtor's gross weekly
"earnings"....................................................... $____
2. Amounts required to be
withheld by law
(Federal and state
withholding, social
security, etc.).................................................. $____
3. Debtor's "disposable
earnings" for week -
Subtract line 2
from line 1...................................................... $____
4. Minimum Exemption
(a) For wages payable
before June 30, 1992................................ $150
(b) For wages payable
before June 30, 1993................................ $160
(c) For wages payable
on or after July 1, 1993............................ $170
5. Maximum Exemption -
Enter 75 percent of line 3.............................. $____
6. Earnings exempt
from garnishment -
Line 4 or 5,
whichever is greater....................................... $____
7. Nonexempt earnings -
Subtract line 6
from line 3...................................................... $____
8. Amounts withheld pursuant to
a support order under
support withholding
process available under
prior law or
ORS chapter 25............................................. $____
9. Earnings subject
to garnishment -
Subtract line 8
from line 7...................................................... $____
___________________________________________________________________
(Case
caption to be completed
by
Creditor)
IN
THE _______ COURT
OF
THE STATE OF OREGON
FOR
THE COUNTY OF _______
_________ )
Plaintiff, ) CERTIFICATE OF
) GARNISHEE
) Case
No. ____
vs. )
)
__________, )
Defendant. )
TO: The Clerk of Court,
Debtor, Creditor/Creditor's Attorney and (if applicable) Sheriff
(Following to be completed by Garnishee)
State of _______
County of _______
I hereby certify that at the time of delivery to me of the
foregoing Writ of
Garnishment on the ___ day of ______, 19___, I had in my possession, control or
custody only the following property, money, debts, rights, dues or credits due
or to become due, belonging or owing to the Debtor named in said Writ of
Garnishment (include due date if not yet due):
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
I have placed a check in
front of all the following statements that apply (more than one may apply):
__ I do not owe money to or hold personal
property of the Debtor.
__ The Writ of Garnishment does not comply on its face with Oregon garnishment law or I am unable to determine from the information in the writ whether I hold any property of the Debtor. (Explain)
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
__ I have discovered that a voluntary or
involuntary bankruptcy petition has been filed by or on behalf of the Debtor.
__ The writ does comply with Oregon law and I am
able to determine that I may owe money to or hold property of the Debtor, but I
am not sure what or how much it might be. I will file an amended certificate
when I find out. (Explain)
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
__ I owe a debt or other obligation to the
Debtor, which is not now due but will become due within 45 days. I will forward
the money when the debt or other obligation becomes due.
__ I am holding personal property of or owe a
debt or other obligation to the Debtor other than a debt or obligation due
within 45 days. I am sending this certificate to the Sheriff and if I receive
instructions from the Sheriff within 30 days I will follow those instructions
even if I receive notice of claim of exemption.
__ I owe a debt or other obligation to the Debtor
which is now due and I am forwarding the money owed or enough of it to satisfy
the garnishment to the Creditor.
__ (For FINANCIAL INSTITUTIONS only): I owe a
debt or other obligation to the Debtor, and the Debtor owes a debt or other
obligation to me, which I certify was due at the time I received the Writ of
Garnishment. Pursuant to ORS 29.205 (4), I have offset the sum of $____ and
applied it to the debt owed to me, and I am forwarding the balance of the money
I owe the Debtor, or enough of it to satisfy the garnishment, to the Creditor.
__ I owe a debt or other obligation to the
Debtor, and the Debtor owes a debt or other obligation to the holder of an
underlying lien on my property. Pursuant to ORS 29.205 (7), I have offset the
sum of $____ and paid that amount to the underlying lienholder, and I am
forwarding the balance of the money I owe the Debtor, or enough of it to
satisfy the garnishment, to the Creditor.
__ I am holding personal property other than
money, but it is inconvenient to deliver the property to the Sheriff. I will
hold the property until the Sheriff picks it up. (Explain)
____________________________________________________________
____________________________________________________________
____________________________________________________________
__ I have received a notice of claim of exemption
or other direction from the clerk of court and am forwarding funds to the clerk
of court.
__ I have
received an order to withhold income that applies to the income of the Debtor
and that is entitled to priority over this garnishment, and compliance with the
order will reduce or eliminate the income of the Debtor that would otherwise be
paid over by me in response to this garnishment.
__ Other (Explain)
____________________________________________________________
____________________________________________________________
____________________________________________________________
Dated _____, 19___
________________
Name of Garnishee
________________
Signature
________________
Address
(Statutes affecting Garnishee responses include ORS 29.138,
29.142, 29.155, 29.195, 29.235, 29.245, 29.255, 29.275, 29.285 and 29.305 and section 2 of this 1999 Act.)
___________________________________________________________________
SECTION 4.
Section 142, chapter 746, Oregon Laws 1997, as amended by sections 142a and
142b, chapter 746, Oregon Laws 1997, is amended to read:
Sec. 142. This
section establishes a form for a writ of garnishment issued by the clerk of the
court as described in ORS 29.138 and section 46, chapter 746, Oregon Laws 1997 [of this Act]. A writ of garnishment issued by the clerk of the
court shall be in substantially the following form:
___________________________________________________________________
(This form is for
garnishments issued under ORS 29.138 and section 46, chapter 746, Oregon Laws 1997. [of this Act])
IN
THE ______ COURT
OF
THE STATE OF OREGON
FOR
THE COUNTY OF ______
_________ )
Plaintiff, ) WRIT OF
) GARNISHMENT
) ISSUED
BY THE
vs. ) COURT CLERK
) Case
No.____
_________, )
Defendant. )
IN
THE NAME OF THE STATE OF OREGON,
TO:
___________.
You are now a Garnishee.
AS A GARNISHEE, YOU NEED TO KNOW THE FOLLOWING (the following
information is to be filled in by the Creditor):
On the ___ day of ____, 19__, (cross out one)
plaintiff/defendant _______, named above and called "Creditor," has
(check one):
____ filed an action
____ obtained a judgment (a court order for the payment of
money) against the (cross one out) plaintiff/defendant ______, named above and
called "Debtor." The Debtor's Social Security Number or Employer
Identification Number is __________ (insert if known). The following amount is
necessary to satisfy the Creditor's claim or judgment:
+Claim or Judgment Debt $_____
+Prejudgment Interest $_____
+Attorney Fees $_____
+Cost Bill $_____
+Post-Judgment Interest $_____
+Delivery Fee for this Writ $_____
+Issuance Fee for this Writ $_____
+Sheriff's Fees other
than Delivery Fees $_____
+Other (Explain. Attach
additional sheets
if necessary. NOTE:
INSERTING ITEMS
AND AMOUNTS NOT LAWFULLY
SUBJECT
TO COLLECTION BY GARNISHMENT
MAY
RESULT IN LIABILITY FOR
WRONGFUL
EXECUTION.)
______ $_____
______ $_____
______ $_____
______ $_____
Total other from
additional sheet
(if used) $_____
+Past Writ Issuance Fees $_____
+Past Delivery Fees $_____
+Transcript and Filing
Fees for other counties $_____
=Subtotal $_____
LESS Payments Made $(____)
=TOTAL Amount Required to
Satisfy in Full this Claim
or Judgment $_____
THE CLERK OF THE COURT HAS NOT CALCULATED ANY AMOUNTS ON THE
WRIT AND IS NOT LIABLE FOR ERRORS MADE IN THE WRIT BY THE CREDITOR.
* * *
Witness the hand and seal of the court on this ___ day
of ____, 19__.
By
___________________
State of Oregon )
) ss.
County of _____ )
I certify that the foregoing is a true and correct copy of the
original Writ of Garnishment in the above-entitled case.
CLERK
OF THE COURT
By____________________
___________________________________________________________________
I certify that I have read the Writ of Garnishment; and to the best of my knowledge, information and belief, there is good ground to support it, and all sums included above are lawfully subject to collection by this garnishment.
________________________________
Creditor/Creditor's Attorney
(or Agent)
________________ ________________
Address Telephone Number
_____________________
Oregon State Bar Number
(if applicable)
* * *
GARNISHEE'S
DUTIES
YOU MUST ANSWER THIS WRIT BY COMPLETING AND FILING A
CERTIFICATE OF GARNISHEE WHETHER OR NOT YOU HOLD ANY OF THE DEBTOR'S PROPERTY
OR OWE ANYTHING TO THE DEBTOR.
IF YOU FAIL TO ANSWER THIS WRIT, OR IF YOU ANSWER IT
UNTRUTHFULLY, OR IF YOU FAIL TO DELIVER THE PROPERTY WHEN REQUIRED TO DO SO,
YOU MAY BE SUBJECT TO COURT PROCEEDINGS UNDER ORS 29.285 AND MAY BE HELD LIABLE
TO THE CREDITOR FOR THE LESSER OF:
(A) THE TOTAL AMOUNT CLAIMED IN THIS WRIT, OR
(B) THE AMOUNT YOU OWE THE DEBTOR OR THE VALUE OF PROPERTY YOU
HOLD.
NOTE: YOU MAY NOT LAWFULLY DISCHARGE THE DEBTOR FROM EMPLOYMENT
AS A RESULT OF THIS GARNISHMENT.
As a Garnishee, you must take the following steps:
STEP 1. COMPLETE THE
CERTIFICATE AND SCHEDULE.
Except when you have not received the original writ or a true
copy thereof, one additional copy of the writ and, if you are a financial
institution, a garnishee's search fee of $10, within five days of receiving the
writ, you must fill out and file the forms below called "Certificate of
Garnishee" and, if required (see schedule form), the "Earnings
Exemption Computation Schedule."
In filling out the form, you must describe any garnished
property or debts you know you have in your possession. This writ garnishes
only personal property of the Debtor you hold or debts you owe to the Debtor as
of the date you received this writ, including debts that existed but were not
yet due when you received this writ. You file these forms by following Step 2
below.
If you have questions, you should contact an attorney. The
clerk of court cannot give you legal advice.
If, when the writ was delivered to you, you did not receive the
original writ or a true copy thereof, one additional copy of the writ and, if
you are a financial institution, a garnishee's search fee of $10, the
garnishment is not effective to garnish any property, you are not required to
respond by filing the garnishee's certificate and you may deal with any
property of the Debtor as though the garnishment had not been issued.
If the writ does not comply with Oregon law or if you cannot
tell from the writ whether you hold any property or owe any debt to the Debtor,
the writ does not garnish anything, but you must fill out the certificate
anyway and follow Step 2. Keep a copy for your records.
If the writ does comply with Oregon law and you can tell that
you may hold property of or owe a debt to the Debtor but you are not sure what
or how much, you must fill out the certificate anyway and explain why. You must
then follow Step 2. When you find out whether or what you do owe the Debtor,
you should amend the certificate, even if you find out you do not owe the
Debtor anything. Follow Step 2 again and file the amended certificate.
If you discover before you send your certificate under Step 2
that a voluntary or involuntary bankruptcy petition has been filed by or on
behalf of the Debtor under section 301, 302 or 303 of the United States
Bankruptcy Code (11 U.S.C. 101 to 1330), you must describe in your certificate
any garnished property or debts that you know that you have in your possession,
and note on the certificate that a bankruptcy petition has been filed.
If you have received an
order to withhold income that is entitled to priority over this garnishment,
you must note on your certificate that you have received an order to withhold
income of the Debtor and that compliance with the order will reduce or eliminate
the income of the Debtor that you would otherwise pay in response to the
garnishment.
After filing the certificate under Step 2, go on to Step 3 if
you owe anything to the Debtor or hold property that belongs to the Debtor.
STEP 2. FILE THE
CERTIFICATE AND SCHEDULE.
Within five days of receiving the writ, you must send all
of the following (information to be filled in by Creditor):
The original certificate and schedule form to the clerk
of circuit court of ____ County at:
Street address: ________________
City ___________ County
___________
State ___________ Zip
code __________
A copy of the certificate and schedule form to the
Debtor at (last-known address):
Name ___________________
Street address ________________
City ___________ State
____________
Zip Code ____________
Telephone number (if known) ___________
A copy of the certificate and schedule form to the
Creditor at:
Name ___________________
Street address ________________
City ___________ State
____________
Zip Code ____________
Telephone number _____________
A copy of the certificate to the Sheriff of the county
where this writ was delivered to you. You will need to look up the address. You
are required to send a copy to the Sheriff only if you hold personal
property of the Debtor or owe a debt or other obligation payable to the Debtor
other than a debt or other obligation payable that is due now or will become
due within 45 days.
STEP 3. DELIVER THE FUNDS
OR OTHER PROPERTY.
Unless you have discovered that a bankruptcy petition has been
filed by or on behalf of the Debtor and your certificate contains a statement
to that effect, and if, after exercising any applicable right of setoff and complying with any orders to withhold
income that you have received and that are entitled to priority over this
garnishment, you owe anything to the Debtor or hold property that belongs
to the Debtor, you must do (a) or (b) below, or both, after you file the
certificate under Step 2, depending on what you owe or hold:
(a) MONEY OR OTHER OBLIGATION DUE WITHIN 45 DAYS. If you owe or
hold a debt or other obligation payable in money that is due now or will become
due in 45 days, do the following:
Unless you receive a notice of claim of exemption or other
direction from the court (a document or other notice from the clerk of the
court telling you what to do with the money or informing you that the Debtor is
claiming that all or some of the money cannot be garnished), when you send your
certificate or when the debt or other obligation becomes due, whichever is
later, make your check or other draft payable to the Creditor and send the
payment directly to the Creditor at the address shown in Step 2.
In making payments under this writ, you may first deduct any
garnishment processing fee which you levy as permitted in ORS 29.377, and you
need to prorate any wages or periodic payments, so that you pay only the amount
you owe the Debtor on the date you receive this writ.
If you receive a notice of claim of exemption from the court or
direction from the court to deliver the money to the court and have not yet
forwarded the money, send or deliver the payment directly to the clerk of the
court. You must send the payment promptly with the Certificate of Garnishee if
it is now due; otherwise, send it when it becomes due and send the Certificate
of Garnishee as required under Step 2. If you make payment by check or other
draft, make it payable to the court. Because you may be liable for money
that does not reach the court, it is better not to send cash by mail.
AND/OR
(b) DEBTS DUE AFTER 45 DAYS AND OTHER PROPERTY. If you filed
your certificate with the Sheriff under Step 2, do the following even if you
receive a notice of claim of exemption from the court:
Hold subject to this garnishment the debt or property now in
your possession, control or custody until you receive written notice from the
Sheriff. The Sheriff's notice should tell you what to do with the debt or
property. If the debt or property is not convenient for you to deliver to the
Sheriff and you want the Sheriff to come get the property, you must explain
this fact on the certificate.
If you have followed all of the steps in this writ and you
receive no notice from the Sheriff within 30 days after this writ was delivered
to you, you may treat this garnishment as being of no further force or effect.
As long as this 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
the exempt portion of any wages you owe to the Debtor unless you are otherwise
directed by the court or unless the claim or judgment for which this writ of
garnishment was given is satisfied in full.
___________________________________________________________________
EARNINGS
EXEMPTION
COMPUTATION
SCHEDULE
The Garnishee must complete
the following form and fill in the correct amounts only if the Garnishee is an
employer of the Debtor under ORS 23.175.
1. Debtor's gross weekly
"earnings"....................................................... $____
2. Amounts required to be
withheld by law
(Federal and state
withholding, social
security, etc.).................................................. $____
3. Debtor's "disposable
earnings" for week -
Subtract line 2
from line 1...................................................... $____
4. Minimum Exemption
(a) For wages payable
before June 30, 1992................................ $150
(b) For wages payable
before June 30, 1993................................ $160
(c) For wages payable
on or after July 1, 1993............................ $170
5. Maximum Exemption -
Enter 75 percent of line 3.............................. $____
6. Earnings exempt
from garnishment -
Line 4 or 5,
whichever is greater....................................... $____
7. Nonexempt earnings -
Subtract line 6
from line 3...................................................... $____
8. Amounts withheld pursuant to
a support order under
support withholding
process available under
prior law or
ORS chapter 25............................................. $____
9. Earnings subject
to garnishment -
Subtract line 8
from line 7...................................................... $____
___________________________________________________________________
(Case
caption to be completed
by
Creditor)
IN
THE _______ COURT
OF
THE STATE OF OREGON
FOR
THE COUNTY OF _______
__________ )
Plaintiff, ) CERTIFICATE OF
) GARNISHEE
) Case
No. ____
vs. )
)
__________, )
Defendant. )
TO: The Clerk of Court,
Debtor, Creditor/Creditor's Attorney and (if applicable) Sheriff
(Following to be completed by Garnishee)
State of ______________
County of ____________
I hereby certify that at the time of delivery to me of the foregoing Writ of Garnishment on the ___ day of ______, 19___, I had in my possession, control or custody only the following property, money, debts, rights, dues or credits due or to become due, belonging or owing to the Debtor named in said Writ of Garnishment (include due date if not yet due):
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
I have placed a check in
front of all the following statements that apply (more than one may apply):
__ I do not owe money to or hold personal property of the Debtor.
__ The Writ of Garnishment does not comply on its
face with Oregon garnishment law or I am unable to determine from the
information in the writ whether I hold any property of the Debtor. (Explain)
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
__ I have discovered that a voluntary or
involuntary bankruptcy petition has been filed by or on behalf of the Debtor.
__ The writ does comply with Oregon law and I am
able to determine that I may owe money to or hold property of the Debtor, but I
am not sure what or how much it might be. I will file an amended certificate
when I find out. (Explain)
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
__ I owe a debt or other obligation to the
Debtor, which is not now due but will become due within 45 days. I will forward
the money when the debt or other obligation becomes due.
__ I am holding personal property of or owe a
debt or other obligation to the Debtor other than a debt or obligation due
within 45 days. I am sending this certificate to the Sheriff and if I receive
instructions from the Sheriff within 30 days I will follow those instructions
even if I receive notice of claim of exemption.
__ I owe a debt or other obligation to the Debtor
which is now due and I am forwarding the money owed or enough of it to satisfy
the garnishment to the Creditor.
__ (For FINANCIAL INSTITUTIONS only): I owe a
debt or other obligation to the Debtor, and the Debtor owes a debt or other
obligation to me, which I certify was due at the time I received the Writ of
Garnishment. Pursuant to section 48 (5), chapter 746, Oregon Laws 1997 [of this
Act], I have offset the sum of $____ and applied it to the debt owed to me, and
I am forwarding the balance of the money I owe the Debtor, or enough of it to
satisfy the garnishment, to the Creditor.
__ I owe a debt or other obligation to the
Debtor, and the Debtor owes a debt or other obligation to the holder of an
underlying lien on my property. Pursuant to section 48 (8), chapter 746, Oregon
Laws 1997 [of this Act], I have offset the sum of $____ and paid that amount to
the underlying lienholder, and I am forwarding the balance of the money I owe
the Debtor, or enough of it to satisfy the garnishment, to the Creditor.
__ I am holding personal property other than
money, but it is inconvenient to deliver the property to the Sheriff. I will
hold the property until the Sheriff picks it up. (Explain)
____________________________________________________________
____________________________________________________________
____________________________________________________________
__ I have received a notice of claim of exemption
or other direction from the clerk of court and am forwarding funds to the clerk
of court.
__ I have
received an order to withhold income that applies to the income of the Debtor
and that is entitled to priority over this garnishment, and compliance with the
order will reduce or eliminate the income of the Debtor that would otherwise be
paid over by me in response to this garnishment.
__ Other (Explain)
____________________________________________________________
____________________________________________________________
____________________________________________________________
Dated _____, 19___
___________________
Name of Garnishee
___________________
Signature
___________________
Address
(Statutes affecting Garnishee responses include ORS 29.138,
29.142, 29.155, 29.195, 29.235, 29.245, 29.255, 29.275, 29.285 and 29.305 and section 2 of this 1999 Act.)
___________________________________________________________________
SECTION 5. Nothing in the amendments to ORS 29.145 or
section 142, chapter 746, Oregon Laws 1997, by section 3 or 4 of this 1999 Act
affects the operative-in-lieu or repealing provisions of section 1, chapter
746, Oregon Laws 1997.
SECTION 6.
ORS 29.147 is amended to read:
29.147. This section establishes a form for a writ of
garnishment issued by an attorney as described in ORS 29.137 and 29.139. A writ
of garnishment issued by an attorney shall be in substantially the following
form:
___________________________________________________________________
(This form is for
garnishments issued under ORS 29.137 and
29.139.)
IN
THE _______ COURT
OF
THE STATE OF OREGON
FOR
THE COUNTY OF ______
__________ )
Plaintiff, ) WRIT OF
) GARNISHMENT
) ISSUED
BY
) ATTORNEY
vs. )
) Case
No. ______
__________, )
Defendant. )
IN THE NAME OF THE STATE OF OREGON, TO: ___________.
You are now a Garnishee.
AS A GARNISHEE, YOU NEED TO KNOW THE FOLLOWING (the following
information is to be filled in by the Creditor):
On the __ day of ______, 19___, (cross out one)
plaintiff/defendant ________, named above and called "Creditor," has
obtained a judgment (a court order for the payment of money) against the (cross
one out) plaintiff/defendant ________, named above and called
"Debtor." The Debtor's Social Security Number or Employer
Identification Number is ____ (insert if known). The following amount is
necessary to satisfy the Creditor's judgment:
+Judgment Debt $_____
+Prejudgment Interest $_____
+Attorney Fees $_____
+Cost Bill $_____
+Post-Judgment Interest $_____
+Delivery Fee for this Writ $_____
+Sheriff's Fees other
than Delivery Fees $_____
+Other (Explain. Attach
additional sheets
if necessary. NOTE:
INSERTING ITEMS
AND AMOUNTS NOT LAWFULLY SUBJECT
TO COLLECTION BY GARNISHMENT
MAY
RESULT IN LIABILITY FOR
WRONGFUL
EXECUTION.)
______ $_____
______ $_____
______ $_____
______ $_____
Total other from
additional sheet
(if used) $_____
+Past Writ Issuance Fees $_____
+Past Delivery Fees $_____
+Transcript and Filing
Fees for other counties $_____
=Subtotal $_____
LESS Payments Made $(_____)
=Total Amount
Required to
Satisfy in Full this
Judgment $_____
THE CLERK OF THE COURT HAS NOT CALCULATED ANY AMOUNTS ON THE
WRIT AND IS NOT LIABLE FOR ERRORS MADE IN THE WRIT BY THE CREDITOR.
* * *
I certify that I have read the Writ of Garnishment; and to the
best of my knowledge, information and belief, there is good ground to support
it, and all sums included above are lawfully subject to collection by this
garnishment.
___________________
Creditor's Attorney
___________________ ________________
Address Telephone Number
_____________________
Oregon State Bar Number
_______________
Date of Issuance
* * *
GARNISHEE'S
DUTIES
YOU MUST ANSWER THIS WRIT BY COMPLETING AND FILING A
CERTIFICATE OF GARNISHEE WHETHER OR NOT YOU HOLD ANY OF THE DEBTOR'S PROPERTY
OR OWE ANYTHING TO THE DEBTOR.
IF YOU FAIL TO ANSWER THIS WRIT, OR IF YOU ANSWER IT
UNTRUTHFULLY, OR IF YOU FAIL TO DELIVER THE PROPERTY WHEN REQUIRED TO DO SO,
YOU MAY BE SUBJECT TO COURT PROCEEDINGS UNDER ORS 29.285 AND MAY BE HELD LIABLE
TO THE CREDITOR FOR THE LESSER OF:
(A) THE TOTAL AMOUNT CLAIMED IN THIS WRIT, OR
(B) THE AMOUNT YOU OWE THE DEBTOR OR THE VALUE OF THE PROPERTY
YOU HOLD.
NOTE: YOU MAY NOT LAWFULLY DISCHARGE THE DEBTOR FROM EMPLOYMENT
AS A RESULT OF THIS GARNISHMENT.
As Garnishee, you must take the following steps:
STEP 1. COMPLETE THE
CERTIFICATE AND SCHEDULE.
Except when you have not received the original writ or a true
copy thereof, one additional copy of the writ and, if you are a financial
institution, a garnishee's search fee of $10, within five days of receiving the
writ, you must fill out and file the forms below called "Certificate of
Garnishee" and, if required (see schedule form), the "Earnings
Exemption Computation Schedule."
In filling out the form, you must describe any garnished
property or debts you know you have in your possession. This writ garnishes
only personal property of the Debtor you hold or debts you owe to the Debtor as
of the date you received this writ, including debts that existed but were not
yet due when you received this writ. You file these forms by following Step 2
below.
If you have questions, you should contact an attorney. The
clerk of court cannot give you legal advice.
If, when the writ was delivered to you, you did not receive the
original writ or a true copy thereof, one additional copy of the writ and, if
you are a financial institution, a garnishee's search fee of $10, the
garnishment is not effective to garnish any property, you are not required to
respond by filing the garnishee's certificate and you may deal with any
property of the Debtor as though the garnishment had not been issued.
If the writ does not comply with Oregon law or if you cannot
tell from the writ whether you hold any property or owe any debt to the Debtor,
the writ does not garnish anything, but you must fill out the certificate
anyway and follow Step 2. Keep a copy for your records.
If you discover before you send your certificate under Step 2
that a voluntary or involuntary bankruptcy petition has been filed by or on
behalf of the Debtor under section 301, 302 or 303 of the United States
Bankruptcy Code (11 U.S.C. 101 to 1330), you must describe in your certificate
any garnished property or debts that you know that you have in your possession,
and note on the certificate that a bankruptcy petition has been filed.
If you have received an
order to withhold income that is entitled to priority over this garnishment,
you must note on your certificate that you have received an order to withhold
income of the Debtor and that compliance with the order will reduce or eliminate
the income of the Debtor that you would otherwise pay in response to the
garnishment.
If the writ does comply with Oregon law and you can tell that
you may hold property of or owe a debt to the Debtor but you are not sure what
or how much, you must fill out the certificate anyway and explain why. You must
then follow Step 2. When you find out whether or what you do owe the Debtor,
you should amend the certificate, even if you find out you do not owe the
Debtor anything. Follow Step 2 again and file the amended certificate.
After filing the certificate under Step 2, go on to Step 3 if
you owe anything to the Debtor or hold property that belongs to the Debtor.
STEP 2. FILE THE
CERTIFICATE AND SCHEDULE.
Within five days of receiving this writ, you must send all
of the following (information to be filled in by Creditor):
A copy of the certificate and schedule form to the
Creditor or to the Creditor's Attorney at:
Name ___________________
Street address ________________
City ___________ State
___________
Zip Code __________
Telephone number ___________
The original certificate and schedule form to the clerk
of circuit court of _______ County at:
Street address ________________
City ___________ County
___________
State ___________ Zip Code
__________
A copy of the certificate and schedule form to the
Debtor at (last known address):
Name ___________________
Street address ________________
City ____________ State
___________
Zip Code __________
A copy of the certificate to the Sheriff of the county
where this writ was delivered to you. You will need to look up this address.
You are required to send a copy to the Sheriff only if you hold personal
property of the Debtor or owe a debt or other obligation payable to the Debtor
other than a debt or other obligation payable in money that is due now or will
become due within 45 days.
However, if you, after exercising any applicable right of
setoff, have no property of the Debtor and owe no debt to the Debtor, you are
only required to send your certificate to the Creditor or to the Creditor's
Attorney at the address shown above. You do not have to send anything to the
clerk or the Debtor.
STEP 3. DELIVER THE FUNDS
OR OTHER PROPERTY.
Unless you have discovered that a bankruptcy petition has been
filed by or on behalf of the Debtor and your certificate contains a statement
to that effect, and if, after exercising any applicable right of setoff and complying with any orders to withhold
income that you have received and that are entitled to priority over this
garnishment, you owe anything to the Debtor or hold property that belongs
to the Debtor, you must do (a) or (b) below, or both, after you file the
certificate under Step 2, depending on what you owe or hold:
(a) MONEY OR OTHER OBLIGATION DUE WITHIN 45 DAYS. If you owe or
hold a debt or other obligation payable in money that is due now or will become
due in 45 days, do the following:
Unless you receive a notice of claim of exemption or other
direction from the court (a document or other notice from the clerk of the
court telling you what to do with the money or informing you that the Debtor is
claiming that all or some of the money cannot be garnished), when you send your
certificate or when the debt or other obligation becomes due, whichever is
later, make your check or other draft payable to the Creditor, or to the
Creditor's Attorney if the Creditor's Attorney is listed in Step 2, and send
the payment directly to the Creditor or to the Creditor's Attorney at the
address shown in Step 2.
In making payments under this writ, you may first deduct any
garnishment processing fee which you levy as permitted in ORS 29.377, and you
need to prorate any wages or periodic payments so that you pay only the amount
you owe the Debtor on the date you receive this writ.
If you receive a notice of claim of exemption from the court or
direction from the court to deliver the money to the court and have not yet
forwarded the money, send or deliver the payment directly to the clerk of the
court. You must send the payment promptly with the Certificate of Garnishee if
it is now due; otherwise, send it when it becomes due and send the Certificate
of Garnishee as required under Step 2. If you make payment by check or other
draft, make it payable to the court. Because you may be liable for money
that does not reach the court, it is better not to send cash by mail.
AND/OR
(b) DEBTS DUE AFTER 45 DAYS AND OTHER PROPERTY. If you filed
your certificate with the Sheriff under Step 2, do the following even if you
receive a notice of claim of exemption from the court:
Hold subject to this garnishment the debt or property now in
your possession, control or custody until you receive written notice from the
Sheriff. The Sheriff's notice should tell you what to do with the debt or
property. If the debt or property is not convenient for you to deliver to the
Sheriff and you want the Sheriff to come get the property, you must explain
this fact on the certificate.
If you have followed all of the steps in this writ and you
receive no notice from the Sheriff within 30 days after this writ was delivered
to you, you may treat this garnishment as being of no further force or effect.
As long as this 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
the exempt portion of any wages you owe to the Debtor unless you are otherwise
directed by the court or unless the claim or judgment for which this Writ of
Garnishment was given is satisfied in full.
___________________________________________________________________
EARNINGS
EXEMPTION COMPUTATION SCHEDULE
The Garnishee must complete
the following form and fill in the correct amounts only if the Garnishee is an
employer of the Debtor under ORS 23.175.
1. Debtor's gross weekly
"earnings"............................... $____
2. Amounts required to be
withheld by law
(Federal and state
withholding, social
security, etc.)...................... $____
3. Debtor's "disposable
earnings" for week -
Subtract line 2
from line 1.......................... $____
4. Minimum Exemption
(a) For wages payable
before June 30, 1992........ $150
(b) For wages payable
before June 30, 1993........ $160
(c) For wages payable on
or
after July 1, 1993............. $170
5. Maximum Exemption -
Enter 75 percent
of line 3.................................. $____
6. Earnings exempt
from garnishment -
Line 4 or 5,
whichever is
greater................................. $____
7. Nonexempt earnings -
Subtract line 6
from line 3.......................... $____
8. Amounts withheld pursuant
to a support order under
support withholding
process available under
prior law or
ORS chapter 25..................... $____
9. Earnings subject
to garnishment -
Subtract line 8
from line 7....................... $____
___________________________________________________________________
(Case
caption to be completed by Creditor)
IN
THE _______ COURT
OF
THE STATE OF OREGON
FOR
THE COUNTY OF _______
_________ )
Plaintiff, ) CERTIFICATE OF
) GARNISHEE
vs. )
)
_________, ) Case No. ____
Defendant. )
TO: The Clerk of Court,
Creditor's Attorney, Debtor and (if applicable) Sheriff
(Following to be completed
by Garnishee)
State of _______
County of _______
I hereby certify that at the time of delivery to me of the
foregoing Writ of Garnishment on the ___ day of _____, 19___, I had in my
possession, control or custody only the following property, money, debts,
rights, dues or credits due or to become due, belonging or owing to the Debtor
named in the Writ of Garnishment (include due date if not yet due):
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
I have placed a check in
front of all the following statements that apply (more than one may apply):
__ I do not owe money to or hold personal
property of the Debtor.
__ The Writ of Garnishment does not comply on its
face with Oregon garnishment law or I am unable to determine from the
information in the writ whether I hold any property of the Debtor. (Explain)
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
__ I have discovered that a voluntary or
involuntary bankruptcy petition has been filed by or on behalf of the Debtor.
__ The writ does comply with Oregon law and I am
able to determine that I may owe money to or hold property of the Debtor, but I
am not sure what or how much it might be. I will file an amended certificate
when I find out. (Explain)
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
__ I owe a debt or other obligation to the
Debtor, which is not now due but will become due within 45 days. I will forward
the money when the debt or other obligation becomes due.
__ I am holding personal property of or owe a
debt or other obligation to the Debtor other than a debt or obligation due
within 45 days. I am sending this certificate to the Sheriff and if I receive
instructions from the Sheriff within 30 days I will follow those instructions
even if I receive notice of claim of exemption.
__ I owe a debt or other obligation to the Debtor
which is now due and I am forwarding the money owed or enough of it to satisfy
the garnishment to the Creditor or to the Creditor's Attorney.
__ (For FINANCIAL INSTITUTIONS only): I
owe a debt or other obligation to the Debtor, and the Debtor owes a debt or
other obligation to me, which I certify was due at the time I received the Writ
of Garnishment. Pursuant to subsection (4) of ORS 29.205, I have offset the sum
of $:HR2 and applied it to the debt owed to me, and I am forwarding the balance
of the money I owe the Debtor, or enough of it to satisfy the garnishment, to
the Creditor or to the Creditor's Attorney.
__ I owe a debt or other obligation to the Debtor,
and the Debtor owes a debt or other obligation to the holder of an underlying
lien on my property. Pursuant to ORS 29.205 (7), I have offset the sum of $____
and paid that amount to the underlying lienholder, and I am forwarding the
balance of the money I owe the Debtor, or enough of it to satisfy the
garnishment, to the Creditor or to the Creditor's Attorney.
__ I am holding personal property other than
money, but it is inconvenient to deliver the property to the Sheriff. I will
hold the property until the Sheriff picks it up. (Explain)
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
__ I have received a notice of claim of exemption
and am forwarding funds to the clerk of court.
__ I have
received an order to withhold income that applies to the income of the Debtor
and that is entitled to priority over this garnishment, and compliance with the
order will reduce or eliminate the income of the Debtor that would otherwise be
paid over by me in response to this garnishment.
__ Other (Explain)
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
Dated _________, 19___
____________________
Name of Garnishee
____________________
Signature
____________________
Address
(Statutes affecting Garnishee responses include ORS 29.139,
29.142, 29.155, 29.195, 29.235, 29.245, 29.255, 29.275, 29.285 and 29.305 and section 2 of this 1999 Act.)
___________________________________________________________________
SECTION 7.
Section 143, chapter 746, Oregon Laws 1997, as amended by sections 143a and
143b, chapter 746, Oregon Laws 1997, is amended to read:
Sec. 143. This
section establishes a form for a writ of garnishment issued by an attorney as
described in sections 46 and 47, chapter
746, Oregon Laws 1997 [of this Act].
A writ of garnishment issued by an attorney shall be in substantially the
following form:
___________________________________________________________________
(This form is for
garnishments issued under sections 46 and 47, chapter 746, Oregon Laws 1997. [of this Act])
IN
THE _______ COURT
OF
THE STATE OF OREGON
FOR
THE COUNTY OF______
___________ )
Plaintiff, ) WRIT OF
) GARNISHMENT
) ISSUED
BY
) ATTORNEY
OR
) ADMINISTRATOR
vs. )
) Case
No. _____
___________, )
Defendant. )
IN
THE NAME OF THE STATE OF OREGON,
TO: ___________.
You are now a Garnishee.
AS A GARNISHEE, YOU NEED TO KNOW THE FOLLOWING (the following
information is to be filled in by the Creditor):
On the __ day of ______, 19___, (cross out one)
plaintiff/defendant ________, named above and called "Creditor," has
obtained a judgment (a court order for the payment of money) against the (cross
one out) plaintiff/defendant ________, named above and called
"Debtor." The Debtor's Social Security Number or Employer
Identification Number is ____ (insert if known). The following amount is
necessary to satisfy the Creditor's judgment:
+Judgment Debt $_____
+Prejudgment Interest $_____
+Attorney Fees $_____
+Cost Bill $_____
+Post-Judgment Interest $_____
+Delivery Fee for this Writ $_____
+Sheriff's Fees other
than Delivery Fees $_____
+Other (Explain. Attach
additional sheets
if necessary. NOTE:
INSERTING ITEMS
AND AMOUNTS NOT LAWFULLY
SUBJECT
TO COLLECTION BY GARNISHMENT
MAY
RESULT IN LIABILITY FOR
WRONGFUL
EXECUTION.)
______ $_____
______ $_____
______ $_____
______ $_____
Total other from
additional sheet
(if used) $_____
+Past Writ Issuance Fees $_____
+Past Delivery Fees $_____
+Transcript and Filing
Fees for other counties $_____
=Subtotal $_____
LESS Payments Made $(_____)
=Total Amount
Required to
Satisfy in Full this
Judgment $_____
THE CLERK OF THE COURT HAS NOT CALCULATED ANY AMOUNTS ON THE
WRIT AND IS NOT LIABLE FOR ERRORS MADE IN THE WRIT BY THE CREDITOR.
* * *
I certify that I have read the Writ of Garnishment; and to the
best of my knowledge, information and belief, there is good ground to support
it, and all sums included above are lawfully subject to collection by this
garnishment.
____________________________________________________
Creditor's Attorney or
Administrator's Authorized Representative
______________ ________________
Address Telephone Number
_______________________________________
Oregon State Bar Number (if
issued by attorney)
______________
Date of Issuance
* * *
GARNISHEE'S
DUTIES
YOU MUST ANSWER THIS WRIT BY COMPLETING AND FILING A
CERTIFICATE OF GARNISHEE WHETHER OR NOT YOU HOLD ANY OF THE DEBTOR'S PROPERTY
OR OWE ANYTHING TO THE DEBTOR.
IF YOU FAIL TO ANSWER THIS WRIT, OR IF YOU ANSWER IT
UNTRUTHFULLY, OR IF YOU FAIL TO DELIVER THE PROPERTY WHEN REQUIRED TO DO SO,
YOU MAY BE SUBJECT TO COURT PROCEEDINGS UNDER ORS 29.285 AND MAY BE HELD LIABLE
TO THE CREDITOR FOR THE LESSER OF:
(A) THE TOTAL AMOUNT CLAIMED IN THIS WRIT, OR
(B) THE AMOUNT YOU OWE THE DEBTOR OR THE VALUE OF THE PROPERTY
YOU HOLD.
NOTE: YOU MAY NOT LAWFULLY DISCHARGE THE DEBTOR FROM EMPLOYMENT
AS A RESULT OF THIS GARNISHMENT.
As Garnishee, you must take the following steps:
STEP 1. COMPLETE THE
CERTIFICATE AND SCHEDULE.
Except when you have not received the original writ or a true
copy thereof, one additional copy of the writ and, if you are a financial
institution, a garnishee's search fee of $10, within five days of receiving the
writ, you must fill out and file the forms below called "Certificate of
Garnishee" and, if required (see schedule form), the "Earnings
Exemption Computation Schedule."
In filling out the form, you must describe any garnished
property or debts you know you have in your possession. This writ garnishes
only personal property of the Debtor you hold or debts you owe to the Debtor as
of the date you received this writ, including debts that existed but were not
yet due when you received this writ. You file these forms by following Step 2
below.
If you have questions, you should contact an attorney. The
clerk of court cannot give you legal advice.
If, when the writ was delivered to you, you did not receive the
original writ or a true copy thereof, one additional copy of the writ and, if
you are a financial institution, a garnishee's search fee of $10, the
garnishment is not effective to garnish any property, you are not required to
respond by filing the garnishee's certificate and you may deal with any
property of the Debtor as though the garnishment had not been issued.
If the writ does not comply with Oregon law or if you cannot
tell from the writ whether you hold any property or owe any debt to the Debtor,
the writ does not garnish anything, but you must fill out the certificate
anyway and follow Step 2. Keep a copy for your records.
If you discover before you send your certificate under Step 2
that a voluntary or involuntary bankruptcy petition has been filed by or on
behalf of the Debtor under section 301, 302 or 303 of the United States
Bankruptcy Code (11 U.S.C. 101 to 1330), you must describe in your certificate
any garnished property or debts that you know that you have in your possession,
and note on the certificate that a bankruptcy petition has been filed.
If you have received an
order to withhold income that is entitled to priority over this garnishment,
you must note on your certificate that you have received an order to withhold
income of the Debtor and that compliance with the order will reduce or eliminate
the income of the Debtor that you would otherwise pay in response to the
garnishment.
If the writ does comply with Oregon law and you can tell that
you may hold property of or owe a debt to the Debtor but you are not sure what
or how much, you must fill out the certificate anyway and explain why. You must
then follow Step 2. When you find out whether or what you do owe the Debtor,
you should amend the certificate, even if you find out you do not owe the
Debtor anything. Follow Step 2 again and file the amended certificate.
After filing the certificate under Step 2, go on to Step 3 if
you owe anything to the Debtor or hold property that belongs to the Debtor.
STEP 2. FILE THE
CERTIFICATE AND SCHEDULE.
Within five days of receiving this writ, you must send all
of the following (information to be filled in by Creditor):
A copy of the certificate and schedule form to the
Creditor or to the Creditor's Attorney at:
Name __________________
Street address _______________
City __________ State
__________
Zip Code _________
Telephone number __________
The original certificate and schedule form to the clerk
of circuit court of _______ County at:
Street address _______________
City __________ County
__________
State __________ Zip
Code _________
A copy of the certificate and schedule form to the
Debtor at (last known address):
Name __________________
Street address _______________
City __________ State
__________
Zip Code _________
Telephone number (if known) ____________
A copy of the certificate to the Sheriff of the county
where this writ was delivered to you. You will need to look up this address.
You are required to send a copy to the Sheriff only if you hold personal
property of the Debtor or owe a debt or other obligation payable to the Debtor
other than a debt or other obligation payable in money that is due now or will
become due within 45 days.
However, if you, after exercising any applicable right of
setoff, have no property of the Debtor and owe no debt to the Debtor, you are
only required to send your certificate to the Creditor or to the Creditor's
Attorney at the address shown above. You do not have to send anything to the
clerk or the Debtor.
STEP 3. DELIVER THE FUNDS
OR OTHER PROPERTY.
Unless you have discovered that a bankruptcy petition has been
filed by or on behalf of the Debtor and your certificate contains a statement
to that effect, and if, after exercising any applicable right of setoff and complying with any orders to withhold
income that you have received and that are entitled to priority over this
garnishment, you owe anything to the Debtor or hold property that belongs
to the Debtor, you must do (a) or (b) below, or both, after you file the
certificate under Step 2, depending on what you owe or hold:
(a) MONEY OR OTHER OBLIGATION DUE WITHIN 45 DAYS. If you owe or
hold a debt or other obligation payable in money that is due now or will become
due in 45 days, do the following:
Unless you receive a notice of claim of exemption or other
direction from the court (a document or other notice from the clerk of the
court telling you what to do with the money or informing you that the Debtor is
claiming that all or some of the money cannot be garnished), when you send your
certificate or when the debt or other obligation becomes due, whichever is
later, make your check or other draft payable to the Creditor, or to the Creditor's
Attorney if the Creditor's Attorney is listed in Step 2, and send the payment
directly to the Creditor or to the Creditor's Attorney at the address shown in
Step 2.
In making payments under this writ, you may first deduct any
garnishment processing fee which you levy as permitted in ORS 29.377, and you
need to prorate any wages or periodic payments so that you pay only the amount
you owe the Debtor on the date you receive this writ.
If you receive a notice of claim of exemption from the court or
direction from the court to deliver the money to the court and have not yet
forwarded the money, send or deliver the payment directly to the clerk of the
court. You must send the payment promptly with the Certificate of Garnishee if
it is now due; otherwise, send it when it becomes due and send the Certificate
of Garnishee as required under Step 2. If you make payment by check or other
draft, make it payable to the court. Because you may be liable for money
that does not reach the court, it is better not to send cash by mail.
AND/OR
(b) DEBTS DUE AFTER 45 DAYS AND OTHER PROPERTY. If you filed
your certificate with the Sheriff under Step 2, do the following even if you
receive a notice of claim of exemption from the court:
Hold subject to this garnishment the debt or property now in
your possession, control or custody until you receive written notice from the
Sheriff. The Sheriff's notice should tell you what to do with the debt or
property. If the debt or property is not convenient for you to deliver to the
Sheriff and you want the Sheriff to come get the property, you must explain
this fact on the certificate.
If you have followed all of the steps in this writ and you
receive no notice from the Sheriff within 30 days after this writ was delivered
to you, you may treat this garnishment as being of no further force or effect.
As long as this 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
the exempt portion of any wages you owe to the Debtor unless you are otherwise
directed by the court or unless the claim or judgment for which this Writ of
Garnishment was given is satisfied in full.
___________________________________________________________________
EARNINGS
EXEMPTION COMPUTATION SCHEDULE
The Garnishee must complete
the following form and fill in the correct amounts only if the Garnishee is an
employer of the Debtor under ORS 23.175.
1. Debtor's gross weekly
"earnings"....................................................... $____
2. Amounts required to be
withheld by law
(Federal and state
withholding, social
security, etc.)....................................... $____
3. Debtor's "disposable
earnings" for week -
Subtract line 2
from line 1........................................... $____
4. Minimum Exemption
(a) For wages payable
before
June 30, 1992................................ $150
(b) For wages payable
before
June 30, 1993................................ $160
(c) For wages payable
on
or after July 1, 1993............................ $170
5. Maximum Exemption -
Enter 75 percent
of line 3.......................................................... $____
6. Earnings exempt
from garnishment -
Line 4 or 5,
whichever is
greater.................................................. $____
7. Nonexempt earnings -
Subtract line 6
from line 3........................................... $____
8. Amounts withheld pursuant
to a support order under
support withholding
process available under
prior law or
ORS chapter 25............................................. $____
9. Earnings subject
to garnishment -
Subtract line 8
from line 7........................................... $____
___________________________________________________________________
(Case
caption to be completed by Creditor)
IN
THE _______ COURT
OF
THE STATE OF OREGON
FOR
THE COUNTY OF_______
_________ )
Plaintiff, ) CERTIFICATE OF
) GARNISHEE
vs. )
)
_________, ) Case No.____
Defendant. )
TO: The Clerk of Court,
Creditor's Attorney or Administrator, Debtor and (if applicable) Sheriff
(Following to be completed by Garnishee)
State of _______
County of _______
I hereby certify that at the time of delivery to me of the
foregoing Writ of Garnishment on the ___ day of _____, 19___, I had in my
possession, control or custody only the following property, money, debts,
rights, dues or credits due or to become due, belonging or owing to the Debtor
named in the Writ of Garnishment (include due date if not yet due):
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
I have placed a check in front of all the following statements that apply (more than one may apply):
__ I do not owe money to or hold personal
property of the Debtor.
__ The Writ of Garnishment does not comply on its
face with Oregon garnishment law or I am unable to determine from the
information in the writ whether I hold any property of the Debtor. (Explain)
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
__ I have discovered that a voluntary or
involuntary bankruptcy petition has been filed by or on behalf of the Debtor.
__ The writ does comply with Oregon law and I am
able to determine that I may owe money to or hold property of the Debtor, but I
am not sure what or how much it might be. I will file an amended certificate when
I find out. (Explain)
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
__ I owe a debt or other obligation to the
Debtor, which is not now due but will become due within 45 days. I will forward
the money when the debt or other obligation becomes due.
__ I am holding personal property of or owe a
debt or other obligation to the Debtor other than a debt or obligation due
within 45 days. I am sending this certificate to the Sheriff and if I receive
instructions from the Sheriff within 30 days I will follow those instructions
even if I receive notice of claim of exemption.
__ I owe a debt or other obligation to the Debtor
which is now due and I am forwarding the money owed or enough of it to satisfy
the garnishment to the Creditor or to the Creditor's Attorney.
__ (For FINANCIAL INSTITUTIONS only): I
owe a debt or other obligation to the Debtor, and the Debtor owes a debt or
other obligation to me, which I certify was due at the time I received the Writ
of Garnishment. Pursuant to section 48 (5),
chapter 746, Oregon Laws 1997 [of
this Act], I have offset the sum of $___ and applied it to the debt
owed to me, and I am forwarding the balance of the money I owe the Debtor, or
enough of it to satisfy the garnishment, to the Creditor or to the Creditor's
Attorney.
__ I owe a debt or other obligation to the
Debtor, and the Debtor owes a debt or other obligation to the holder of an
underlying lien on my property. Pursuant to section 48 (8), chapter 746, Oregon Laws 1997 [of this Act], I have offset the sum of $____ and paid that amount
to the underlying lienholder, and I am forwarding the balance of the money I
owe the Debtor, or enough of it to satisfy the garnishment, to the Creditor or
to the Creditor's Attorney.
__ I am holding personal property other than
money, but it is inconvenient to deliver the property to the Sheriff. I will
hold the property until the Sheriff picks it up. (Explain)
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
__ I have received a notice of claim of exemption
and am forwarding funds to the clerk of court.
__ I have
received an order to withhold income that applies to the income of the Debtor
and that is entitled to priority over this garnishment, and compliance with the
order will reduce or eliminate the income of the Debtor that would otherwise be
paid over by me in response to this garnishment.
__ Other (Explain)
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
Dated __________, 19___
_________________
Name of Garnishee
_________________
Signature
_________________
Address
(Statutes affecting Garnishee responses include ORS 29.142,
29.155, 29.195, 29.235, 29.245, 29.255, 29.275, 29.285 and 29.305, [and]
section 47, chapter 746, Oregon Laws
1997, and section 2 of this 1999 Act. [of
this Act])
___________________________________________________________________
SECTION 8. Nothing in the amendments to ORS 29.147 or
section 143, chapter 746, Oregon Laws 1997, by section 6 or 7 of this 1999 Act
affects the operative-in-lieu or repealing provisions of section 1, chapter
746, Oregon Laws 1997.
SECTION 9.
ORS 29.411 is amended to read:
29.411. This section establishes a form for a writ of
continuing garnishment described in ORS 29.401 to 29.415 and issued by the
clerk of the court as described in ORS 29.137 and 29.138. A writ of continuing
garnishment issued by the clerk of the court shall be in substantially the
following form:
___________________________________________________________________
(This form is for
garnishments issued under ORS 29.137, 29.138 and 29.401 to 29.415.)
THIS
IS A WRIT OF CONTINUING
GARNISHMENT
IN THE _______ COURT
OF THE STATE OF OREGON
FOR THE COUNTY OF _______
_________, Plaintiff, )
)
) WRIT OF
) CONTINUING
) GARNISHMENT
vs. ) ISSUED BY THE
) COURT CLERK
) Case No. ____
_________, Defendant. )
)
___________________________________________________________________
IN THE NAME OF THE STATE OF OREGON, TO: ___________.
You are now a Garnishee.
AS A GARNISHEE, YOU NEED TO KNOW THE FOLLOWING (The following
information is to be filled in by the Creditor.):
On the ____ day of ____, 19____, (cross out one)
plaintiff/defendant ________, named above and called "Creditor,"
obtained a judgment (a court order for the payment of money) against the (cross
one out) plaintiff/defendant ______, named above and called "Debtor."
The Debtor's Social Security Number or Employer Identification Number is
__________ (insert if known). The following amount is necessary to satisfy the
Creditor's claim or judgment:
+Claim or Judgment Debt $_____
+Prejudgment Interest $_____
+Attorney Fees $_____
+Cost Bill $_____
+Post-Judgment Interest $_____
+Delivery Fee for this Writ $_____
+Issuance Fee for this Writ $_____
+Sheriff's Fees other
than Delivery Fees $_____
+Other (Explain. Attach
additional sheets
if necessary. NOTE:
INSERTING ITEMS
AND AMOUNTS NOT LAWFULLY
SUBJECT
TO COLLECTION BY GARNISHMENT
MAY
RESULT IN LIABILITY FOR
WRONGFUL
EXECUTION.)
______ $_____
______ $_____
______ $_____
______ $_____
Total other from
additional sheet
(if used) $_____
+Past Writ Issuance Fees $_____
+Past Delivery Fees $_____
+Transcript and Filing
Fees for other counties $_____
=Subtotal $_____
LESS Payments Made $(_____)
=TOTAL Amount
Required to
Satisfy in Full this Claim
or Judgment $_____
THE CLERK OF THE COURT HAS NOT CALCULATED ANY AMOUNTS ON THE
WRIT AND IS NOT LIABLE FOR ERRORS MADE IN THE WRIT BY THE CREDITOR.
* * *
Witness the hand and seal of the court on this ___ day
of ______, 19____.
CLERK OF THE COURT
By_________________
State of Oregon )
) ss.
County of ____ )
I certify that the foregoing is a true and correct copy of the
original Writ of Garnishment in the above-entitled case.
CLERK
OF THE COURT
By
_________________
___________________________________________________________________
I certify that I have read the Writ of Garnishment; and to the
best of my knowledge, information and belief, there is good ground to support
it and all sums included above are lawfully subject to collection by this
garnishment.
________________________________
Creditor/Creditor's Attorney
(or Agent)
______________ ________________
Address Telephone Number
_________________________________
Oregon State Bar Number (if
applicable)
* * *
GARNISHEE'S
DUTIES
YOU MUST ANSWER THIS WRIT BY COMPLETING AND FILING A
CERTIFICATE OF GARNISHEE WHETHER OR NOT YOU HOLD ANY OF THE DEBTOR'S WAGES OR
OWE ANY WAGES TO THE DEBTOR.
IF YOU FAIL TO ANSWER THIS WRIT, OR IF YOU ANSWER IT
UN-TRUTHFULLY, OR IF YOU FAIL TO DELIVER THE WAGES WHEN REQUIRED TO DO SO, YOU
MAY BE SUBJECT TO COURT PROCEEDINGS UNDER ORS 29.285 AND MAY BE HELD LIABLE TO
THE CREDITOR FOR THE LESSER OF:
(A) THE TOTAL AMOUNT CLAIMED IN THIS WRIT, OR
(B) THE AMOUNT YOU OWE THE DEBTOR.
NOTE: YOU MAY NOT LAWFULLY DISCHARGE THE DEBTOR FROM EMPLOYMENT
AS A RESULT OF THIS GARNISHMENT.
As a Garnishee, you must take the following steps:
STEP 1. COMPLETE THE
CERTIFICATE AND SCHEDULE.
Except when you have not received the original writ or a true
copy thereof, one additional copy of the writ and, if you are a financial
institution, a garnishee's search fee of $10, within five days of receiving the
writ, you must fill out and file the forms below called "Certificate of
Garnishee" and, if you pay wages (see schedule form), the "Earnings
Exemption Computation Schedule."
In filling out the form, you must describe any garnished wages
you know you have in your possession. This writ garnishes only wages you owe to
the Debtor as of the date you received this writ and wages that accrue on or
before 90 days after the date this writ is issued, including wages owed but not
yet due when you received this writ. You file these forms by following Step 2
below.
If you receive a subsequent Writ of Garnishment while another
Writ of Garnishment is in effect, you should check the appropriate space in the
Certificate of Garnishee and file the certificate as provided in Step 2.
If you have questions, you should contact an attorney. The
clerk of the court cannot give you legal advice.
If, when the writ was delivered to you, you did not receive the
original writ or a true copy thereof, one additional copy of the writ and, if
you are a financial institution, a garnishee's search fee of $10, the
garnishment is not effective to garnish any property, you are not required to
respond by filing the garnishee's certificate and you may deal with any
property of the Debtor as though the garnishment had not been issued.
If the writ does not comply with Oregon law or if you cannot
tell from the writ whether you owe any wages to the Debtor, the writ does not
garnish anything, but you must fill out the certificate anyway and follow Step
2. Keep a copy for your records.
If you discover before you send your certificate under Step 2
that a voluntary or involuntary bankruptcy petition has been filed by or on
behalf of the Debtor under section 301, 302 or 303 of the United States
Bankruptcy Code (11 U.S.C. 101 to 1330), you must describe in your certificate
any garnished property or debts that you know that you have in your possession,
and note on the certificate that a bankruptcy petition has been filed.
If you have received an
order to withhold income that is entitled to priority over this garnishment,
you must note on your certificate that you have received an order to withhold
income of the Debtor. If compliance with the order has reduced or eliminated
the income of the Debtor that you would otherwise pay in response to the
garnishment, or if compliance with the order to withhold income might reduce or
eliminate subsequent payments under the garnishment, you must indicate in your
certificate that the order to withhold income has reduced or eliminated the
amounts that you would otherwise pay in response to the garnishment or might
have that effect on subsequent payments under the garnishment.
If the writ does comply with Oregon law and you can tell that
you may owe wages to the Debtor but you are not sure what or how much, you must
fill out the certificate anyway and explain why. You must then follow Step 2.
When you find out whether or what you do owe the Debtor, you should amend the
certificate, even if you find out you do not owe the Debtor anything. Follow
Step 2 again and file the amended certificate.
After filing the certificate under Step 2, go on to Step 3 if
you owe any wages to the Debtor.
STEP 2. FILE THE
CERTIFICATE AND SCHEDULE.
Within five days of receiving the writ, you must send all
of the following (information to be filled in by Creditor):
The original certificate and schedule form to the clerk
of the circuit court of ____ County at:
Street address ________________
City __________ County __________
State __________ Zip Code __________
A copy of the certificate and schedule form to the
Debtor at (last known address):
Name __________________
Street address _______________
City __________ State
___________
Zip Code ___________
Telephone number (if known) ___________
A copy of the certificate and schedule form to the
Creditor at:
Name __________________
Street address _______________
City __________ State
___________
Zip Code ___________
Telephone number ____________
STEP 3. DELIVER THE
FUNDS.
Unless you have discovered that a bankruptcy petition has been
filed by or on behalf of the Debtor and your certificate contains a statement
to that effect, you must do the following after you file the certificate
under Step 2 if, after complying with
any orders to withhold income that you have received and that are entitled to
priority over this garnishment, you owe wages to the Debtor or will owe
wages to the Debtor within 90 days after this writ is issued.
If you owe wages payable in money that are due now or will
accrue within 90 days after the issuance of this writ, unless you receive a
notice of claim of exemption or other direction from the court (a document or
other notice from the clerk of the court telling you what to do with the money
or informing you that the Debtor is claiming that all or some of the money
cannot be garnished), when you send your certificate, at the end of each pay
period within the 90-day period and at the end of the 90-day period, make your
check or other draft payable to the Creditor and send the payment directly to
the Creditor at the address shown in Step 2.
In making payments under this writ, you need to prorate any
wages or periodic payments, so that you pay only the amount you owe the Debtor
on the date you receive this writ, at the end of each pay period within the
90-day period and at the end of the 90-day period.
If you receive a notice of claim of exemption from the court or
direction from the court to deliver the money to the court and have not yet
forwarded the money, send or deliver the payment directly to the clerk of the
court. You must send the payment promptly with the Certificate of Garnishee if
it is now due; otherwise, send it at the end of each pay period within the
90-day period and at the end of the 90-day period and send the Certificate of
Garnishee as required under Step 2. If you make payment by check or other
draft, make it payable to the court. Because you may be liable for
money that does not reach the court, it is better not to send cash by mail.
___________________________________________________________________
EARNINGS
EXEMPTION COMPUTATION SCHEDULE
The Garnishee must complete
the following form and fill in the correct amounts only if the Garnishee is an
employer of the Debtor under ORS 23.175.
1. Debtor's gross weekly
"earnings"....................................................... $____
2. Amounts required to be
withheld by law
(Federal and state
withholding, social
security, etc.).................................................. $____
3. Debtor's "disposable
earnings" for week -
Subtract line 2
from line 1...................................................... $____
4. Minimum Exemption
(a) For wages payable
before June 30, 1992................................ $150
(b) For wages payable
before June 30, 1993................................ $160
(c) For wages payable on
or
after July 1, 1993..................................... $170
5. Maximum Exemption -
Enter 75 percent of
line 3.............................................................. $____
6. Earnings exempt
from garnishment -
Line 4 or 5,
whichever is
greater .......................................................... $____
7. Nonexempt earnings -
Subtract line 6
from line 3...................................................... $____
8. Amounts withheld pursuant
to a support order under
support withholding
process available under
prior law or
ORS chapter 25............................................. $____
9. Earnings subject
to garnishment -
Subtract line 8
from line 7...................................................... $____
___________________________________________________________________
(Case caption to be completed by Creditor)
IN
THE_______ COURT
OF
THE STATE OF OREGON
FOR THE COUNTY OF _______
________, Plaintiff, )
) CERTIFICATE OF
) CONTINUING
) GARNISHEE
) Case No. ____
vs. )
)
_________, Defendant. )
)
TO: The Clerk of the Court,
Debtor and Creditor/Creditor's Attorney
(Following to be completed by Garnishee)
State of ____________
County of ____________
I hereby certify that at the time of delivery to me of the
foregoing Writ of Garnishment on the ___ day of ______, 19___, I had in my
possession, control or custody only the following wages due or to become due,
belonging or owing to the Debtor named in said Writ of Garnishment (include due
date if not yet due):
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
I have placed a check in
front of all the following statements that apply (more than one may apply):
__ I do not owe wages to the Debtor.
__ The Writ of Garnishment does not comply on its
face with Oregon garnishment law or I am unable to determine from the
information in the writ whether I owe any wages to the Debtor. (Explain)
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
__ I have discovered that a voluntary or
involuntary bankruptcy petition has been filed by or on behalf of the Debtor.
__ The
writ does comply with Oregon law and I am able to determine that I may owe
wages to the Debtor, but I am not sure what or how much it might be. I will
file an amended certificate when I find out. (Explain)
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
__ I have been served with a previous Writ of
Garnishment against the wages I owe or will owe to the Debtor. Under Oregon
law, the previous garnishment has priority. It is expected to terminate on
_____.
__ I will owe wages to the Debtor, which are not
now due but will become due within 90 days from the date of the issuance of the
writ of continuing garnishment. I will forward the money when the debt or other
obligation becomes due.
__ I owe wages to the Debtor which are now due
and I am forwarding the money owed or enough of it to satisfy the garnishment
to the Creditor.
__ I have received a notice of claim of exemption
or other direction from the clerk of court and am forwarding funds to the clerk
of court.
__ I have
received an order to withhold income that applies to the income of the Debtor
and that is entitled to priority over this garnishment. Compliance with the
order has reduced or eliminated the income of the Debtor that I would otherwise
pay in response to this garnishment, or might reduce or eliminate subsequent
payments under this garnishment.
__ Other (Explain)
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
Dated ___, 19__
__________________
Name of Garnishee
__________________
Signature
__________________
Address
STEP 4. NOTICE OF ORDER TO WITHHOLD INCOME.
If, after you send your
certificate under Step 2, you receive an order to withhold income entitled to
priority over this garnishment, and compliance with the order to withhold
income might reduce or eliminate subsequent payments under the garnishment, you
must then prepare a Notice of Receipt of Order to Withhold Income and deliver
it to the persons listed in Step 2. The Notice of Receipt of Order to Withhold
Income must be in substantially the following form:
___________________________________________________________________
NOTICE OF RECEIPT OF
ORDER TO WITHHOLD INCOME
TO: The Clerk of Court,
Creditor/Creditor's Attorney and Debtor
Re: Writ of continuing
garnishment received _________, ____ (Date), in the case of ___________
(Plaintiff) vs. ___________ (Defendant), Circuit Court of ______ County,
Oregon, Case No. ____.
The undersigned garnishee
furnished a certificate of garnishee in response to this garnishment
on _________, ____ (Date).
The garnishee has
received an order to withhold income of the Debtor by reason of a support
obligation. Under ORS 25.722, 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.
Dated _________, ____.
________________
Name of Garnishee
________________
Signature
________________
Address
___________________________________________________________________
(Statutes affecting Garnishee responses include ORS 29.138,
29.142, 29.195, 29.235, 29.245, 29.255, 29.275, 29.285, 29.305 and 29.405 and section 2 of this 1999 Act.)
___________________________________________________________________
SECTION 10.
ORS 29.415 is amended to read:
29.415. This section establishes a form for a writ of
continuing garnishment described in ORS 29.401 to 29.415 and issued by an
attorney as described in ORS 29.137 and 29.139. A writ of continuing
garnishment issued by an attorney shall be in substantially the following form:
___________________________________________________________________
(This form is for continuing
garnishments issued under ORS 29.137, 29.138 and 29.401 to 29.415.)
THIS
IS A WRIT OF CONTINUING
GARNISHMENT
IN
THE _______ COURT
OF
THE STATE OF OREGON
FOR THE
COUNTY OF _______
)
_________, Plaintiff, ) WRIT
OF
) CONTINUING
) GARNISHMENT
vs. ) ISSUED BY
) ATTORNEY
) Case No. ____
_________, Defendant. )
IN THE NAME OF THE STATE OF OREGON, TO: __________,
You are now a Garnishee.
AS A GARNISHEE, YOU NEED TO KNOW THE FOLLOWING (The following
information is to be filled in by the Creditor.):
On the ___ day of ______, 19___, (cross out one)
plaintiff/defendant _________, named above and called "Creditor,"
obtained a judgment (a court order for the payment of money) against the (cross
one out) plaintiff/defendant _________, named above and called
"Debtor." The Debtor's Social Security Number or Employer
Identification Number is _______ (insert if known). The following amount is necessary
to satisfy the Creditor's judgment:
+Judgment Debt $_____
+Prejudgment Interest $_____
+Attorney Fees $_____
+Cost Bill $_____
+Post-Judgment Interest $_____
+Delivery Fee for this Writ $_____
+Sheriff's Fees other
than Delivery Fees $_____
+Other (Explain. Attach
additional sheets
if necessary. NOTE:
INSERTING ITEMS AND
AMOUNTS NOT LAWFULLY SUBJECT
TO
COLLECTION BY GARNISHMENT
MAY
RESULT IN LIABILITY FOR
WRONGFUL
EXECUTION.)
______ $_____
______ $_____
______ $_____
______ $_____
Total other from
additional sheet
(if used) $_____
+Past Writ Issuance Fees $_____
+Past Delivery Fees $_____
+Transcript and Filing
Fees for other counties $_____
=Subtotal $_____
LESS Payments Made $(_____)
=TOTAL Amount
Required to
Judgment $_____
THE CLERK OF THE COURT HAS NOT CALCULATED ANY AMOUNTS ON THE
WRIT AND IS NOT LIABLE FOR ERRORS MADE IN THE WRIT BY THE CREDITOR.
* * *
I certify that I have read the Writ of Garnishment; and to the
best of my knowledge, information and belief, there is good ground to support
it and all sums included above are lawfully subject to collection by this
garnishment.
___________________
Creditor's Attorney
___________ _________________
Address Telephone Number
______________________
Oregon State Bar Number
______________
Date of Issuance
* * *
GARNISHEE'S
DUTIES
YOU MUST ANSWER THIS WRIT BY COMPLETING AND FILING A
CERTIFICATE OF GARNISHEE WHETHER OR NOT YOU OWE ANY WAGES TO THE DEBTOR.
IF YOU FAIL TO ANSWER THIS WRIT, OR IF YOU ANSWER IT
UNTRUTHFULLY, OR IF YOU FAIL TO DELIVER THE WAGES WHEN REQUIRED TO DO SO, YOU
MAY BE SUBJECT TO COURT PROCEEDINGS UNDER ORS 29.285 AND MAY BE HELD LIABLE TO
THE CREDITOR FOR THE LESSER OF:
(A) THE TOTAL AMOUNT CLAIMED IN THIS WRIT, OR
(B) THE AMOUNT YOU OWE THE DEBTOR.
NOTE: YOU MAY NOT LAWFULLY DISCHARGE THE DEBTOR FROM EMPLOYMENT
AS A RESULT OF THIS GARNISHMENT.
As Garnishee, you must take the following steps:
STEP 1. COMPLETE THE
CERTIFICATE AND SCHEDULE.
Except when you have not received the original writ or a true
copy thereof, one additional copy of the writ and, if you are a financial
institution, a garnishee's search fee of $10, within five days of receiving the
writ, you must fill out and file the forms below called "Certificate of
Garnishee" and, if you pay wages (see schedule form), the "Earnings
Exemption Computation Schedule." In filling out the form, you must
describe any garnished wages you know you have in your possession. This writ
garnishes only wages you owe to the Debtor as of the date you received this
writ, including debts that existed but were not yet due when you received this
writ and wages that accrue on or before 90 days after the date this writ is
issued. You file these forms by following Step 2 below.
If you receive a subsequent Writ of Garnishment while another
Writ of Garnishment is in effect, you should check the appropriate space in the
Certificate of Garnishee and file the certificate as provided in Step 2.
If you have questions, you should contact an attorney. The
clerk of the court cannot give you legal advice.
If, when the writ was delivered to you, you did not receive the
original writ or a true copy thereof, one additional copy of the writ and, if
you are a financial institution, a garnishee's search fee of $10, the
garnishment is not effective to garnish any property, you are not required to
respond by filing the garnishee's certificate and you may deal with any
property of the Debtor as though the garnishment had not been issued.
If the writ does not comply with Oregon law or if you cannot
tell from the writ whether you owe any wages to the Debtor, the writ does not
garnish anything, but you must fill out the certificate anyway and follow Step
2. Keep a copy for your records.
If you discover before you send your certificate under Step 2
that a voluntary or involuntary bankruptcy petition has been filed by or on
behalf of the Debtor under section 301, 302 or 303 of the United States
Bankruptcy Code (11 U.S.C. 101 to 1330), you must describe in your certificate
any garnished property or debts that you know that you have in your possession,
and note on the certificate that a bankruptcy petition has been filed.
If you have received an
order to withhold income that is entitled to priority over this garnishment,
you must note on your certificate that you have received an order to withhold
income of the Debtor. If compliance with the order has reduced or eliminated
the income of the Debtor that you would otherwise pay in response to the
garnishment, or if compliance with the order to withhold income might reduce or
eliminate subsequent payments under the garnishment, you must indicate in your
certificate that the order to withhold income has reduced or eliminated the
amounts that you would otherwise pay in response to the garnishment or might
have that effect on subsequent payments under the garnishment.
If the writ does comply with Oregon law and you can tell that
you may owe wages to the Debtor but you are not sure what or how much, you must
fill out the certificate anyway and explain why. You must then follow Step 2.
When you find out whether or what you do owe the Debtor, you should amend the
certificate, even if you find out you do not owe the Debtor anything. Follow
Step 2 again and file the amended certificate.
After filing the certificate under Step 2, go on to Step 3 if
you owe any wages to the Debtor.
STEP 2. FILE THE
CERTIFICATE AND SCHEDULE.
Within five days of receiving this writ, you must send all
of the following (information to be filled in by Creditor):
A copy of the certificate and schedule form to the
Creditor or to the Creditor's Attorney at:
Name ______________
Street address ___________
City ______ State
______
Zip Code _____
Telephone number ______
The original
certificate and schedule form to the clerk of the circuit court of _______
County at:
Street address ___________
City ______ County
______
State ______ Zip
Code _____
A copy of the
certificate and schedule form to the Debtor at (last known address):
Name ______________
Street address ___________
City ______ State
______
Zip Code _____
Telephone number (if known) _____
STEP 3. DELIVER THE
FUNDS.
Unless you have discovered that a bankruptcy petition has been
filed by or on behalf of the Debtor and your certificate contains a statement
to that effect, you must do the following after you file the certificate
under Step 2 if, after complying with
any orders to withhold income that you have received and that are entitled to
priority over this garnishment, you owe wages to the Debtor or will owe
wages to the Debtor within 90 days after this writ is issued. If you owe wages
payable in money that are due now or will accrue within 90 days after this writ
is issued, unless you receive a notice of claim of exemption (a document or
other notice from the clerk of the court informing you that the Debtor is
claiming that all or some of the money cannot be garnished), when you send your
certificate, at the end of each pay period within the 90-day period and at the
end of the 90-day period, make your check or other draft payable to the
Creditor, or to the Creditor's Attorney if the Creditor's Attorney is listed in
Step 2, and send the payment directly to the Creditor or to the Creditor's
Attorney at the address shown in Step 2.
In making payments under this writ, you need to prorate any
wages or periodic payments, so that you pay only the amount you owe the Debtor
on the date you receive this writ, at the end of each pay period within the
90-day period and at the end of the 90-day period.
If you receive a notice of claim of exemption from the court
and have not yet forwarded the money, send or deliver the payment directly to
the clerk of the court. You must send the payment promptly with the Certificate
of Garnishee if it is now due; otherwise, send it at the end of each pay period
within the 90-day period and at the end of the 90-day period and send the
Certificate of Garnishee as required under Step 2. If you make payment by check
or other draft, make it payable to the court. Because you may be liable
for money that does not reach the court, it is better not to send cash by mail.
___________________________________________________________________
EARNINGS
EXEMPTION
COMPUTATION
SCHEDULE
The Garnishee must complete
the following form and fill in the correct amounts only if the Garnishee is an
employer of the Debtor under ORS 23.175.
1. Debtor's gross weekly
"earnings"....................................................... $____
2. Amounts required to be
withheld by law
(Federal and state
withholding, social
security, etc.).................................................. $____
3. Debtor's "disposable
earnings" for week -
Subtract line 2
from line 1...................................................... $____
4. Minimum Exemption
(a) For wages payable
before June 30, 1992................................ $150
(b) For wages payable
before June 30, 1993................................ $160
(c) For wages payable
on or after July 1, 1993............................ $170
5. Maximum Exemption -
Enter 75 percent
of line 3.......................................................... $____
6. Earnings exempt
from garnishment -
Line 4 or 5,
whichever is
greater............................................................ $____
7. Nonexempt earnings -
Subtract line 6
from line 3...................................................... $____
8. Amounts withheld pursuant to
a support order under
support withholding
process available under
prior law or ORS
chapter 25...................................................... $____
9. Earnings subject
to garnishment -
Subtract line 8
from line 7...................................................... $____
___________________________________________________________________
(Case
caption to be completed by Creditor)
IN
THE _______ COURT
OF
THE STATE OF OREGON
FOR
THE COUNTY OF ______
_________, Plaintiff, )
) CERTIFICATE OF
vs. ) CONTINUING
) GARNISHEE
) Case No. ____
_________, Defendant. )
)
TO: The Clerk of Court,
Creditor's Attorney and Debtor
(Following to be completed by Garnishee)
State of ___________
County of ___________
I hereby certify that at the time of delivery to me of the foregoing Writ of Garnishment on the ___ day of _____, 19___, I had in my possession, control or custody only the following wages due or to become due, belonging or owing to the Debtor named in the Writ of Garnishment (include due date if not yet due):
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
I have placed a check in front of all the following statements that apply (more than one may apply):
__ I do not owe wages to the Debtor.
__ The Writ of Garnishment does not comply on its
face with Oregon garnishment law or I am unable to determine from the
information in the writ whether I owe wages to the Debtor. (Explain)
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
__ I have discovered that a voluntary or
involuntary bankruptcy petition has been filed by or on behalf of the Debtor.
__ The writ does comply with Oregon law and I am
able to determine that I may owe wages to the Debtor, but I am not sure what or
how much it might be. I will file an amended certificate when I find out.
(Explain)
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
__ I have been served with a previous Writ of
Garnishment against the wages I owe or will owe to the Debtor. Under Oregon
law, the previous garnishment has priority. It is expected to terminate on
_____.
__ I will owe wages to the Debtor, which are not
now due but will become due within 90 days from the date of the issuance of the
writ of continuing garnishment. I will forward the money when the debt or other
obligation becomes due.
__ I owe wages to the Debtor which are now due
and I am forwarding the money owed or enough of it to satisfy the garnishment
to the Creditor or to the Creditor's Attorney.
__ I have received a notice of claim of exemption
and am forwarding funds to the clerk of court.
__ I have
received an order to withhold income that applies to the income of the Debtor
and that is entitled to priority over this garnishment. Compliance with the
order has reduced or eliminated the income of the Debtor that I would otherwise
pay in response to this garnishment, or might reduce or eliminate subsequent
payments under this garnishment.
__ Other (Explain)
____________________________________________________________
____________________________________________________________
____________________________________________________________
Dated
___________, 19__
_________________
Name of Garnishee
_________________
Signature
_________________
Address
STEP 4. NOTICE OF ORDER TO WITHHOLD INCOME.
If, after you send your
certificate under Step 2, you receive an order to withhold income entitled to
priority over this garnishment, and compliance with the order to withhold
income might reduce or eliminate subsequent payments under the garnishment, you
must then prepare a Notice of Receipt of Order to Withhold Income and deliver
it to the persons listed in Step 2. The Notice of Receipt of Order to Withhold
Income must be in substantially the following form:
___________________________________________________________________
NOTICE OF RECEIPT OF
ORDER TO WITHHOLD INCOME
TO: The Clerk of Court,
Creditor/Creditor's Attorney and Debtor
Re: Writ of continuing
garnishment received _________, ____ (Date), in the case of ___________
(Plaintiff) vs. ___________ (Defendant), Circuit Court of ______ County,
Oregon, Case No. ____.
The undersigned garnishee
furnished a certificate of garnishee in response to this garnishment on
_________, ____ (Date).
The garnishee has
received an order to withhold income of the Debtor by reason of a support
obligation. Under ORS 25.722, 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.
Dated _________, ____.
___________________
Name of Garnishee
___________________
Signature
____________________
Address
(Statutes affecting Garnishee responses include ORS 29.139,
29.142, 29.195, 29.235, 29.245, 29.255, 29.275, 29.285, 29.305 and 29.405 and section 2 of this 1999 Act.)
___________________________________________________________________
SECTION 11. Section 2 of this 1999 Act and the
amendments to ORS 29.145, 29.147, 29.411 and 29.415 and sections 142 and 143,
chapter 746, Oregon Laws 1997, by sections 3, 4, 6, 7, 9 and 10 of this 1999
Act apply only to writs of garnishment issued on or after the effective date of
this 1999 Act.
Approved by the Governor
February 19, 1999
Filed in the office of
Secretary of State February 19, 1999
Effective date October 23,
1999
__________