Oregon Statutes 18.318 – Execution against property in possession or control of public officer or agency
Any salary, wages, credits, or other personal property in the possession or under the control of the state or of any county, city, school district or other political subdivision therein, or any board, institution, commission, or officer of the same, belonging or owed to any person, firm or corporation, shall be subject to execution in the same manner and with the same effect as property in the possession of individuals is subject to execution; however, process in such proceedings may be served only on the board, department, institution, commission, agency, or officer charged with the duty of approving a voucher or claim for such salary, wages, credits, or other property. No clerk or officer of any court shall be required to answer as garnishee as to any moneys or property in the possession of the clerk or officer in the custody of the law. [Formerly 23.190]
Terms Used In Oregon Statutes 18.318
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Execution: means enforcement of the money award portion of a judgment or enforcement of a judgment requiring delivery of the possession or sale of specific real or personal property, by means of writs of execution, writs of garnishment and other statutory or common law writs or remedies that may be available under the law. See Oregon Statutes 18.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Personal property: All property that is not real property.
[Amended by 1961 c.151 § 1; 1983 c.405 § 1; 1983 c.696 § 3; 1985 c.343 § 1; 1987 c.586 § 3; 1989 c.768 § 5; 1993 c.223 § 2; 1997 c.801 § 59; 1999 c.80 § 31; 1999 c.788 § 18; repealed by 2003 c.576 § 580]