Oregon Statutes 18.618 – Property not subject to garnishment
(1)(a) Notwithstanding ORS § 18.615, the following are not garnishable property:
Terms Used In Oregon Statutes 18.618
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Contract: A legal written agreement that becomes binding when signed.
- Decedent: A deceased person.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(A) Equitable interests, except to the extent allowed under ORS Chapter 130.
(B) Property in the custody of the law.
(C) Property in the possession of a conservator.
(D) Property in the possession of a personal representative that constitutes the subject matter of a trust contained in a duly probated will of a decedent.
(E) If a residential landlord is the garnishee, property in the possession of a residential landlord that is held as a security deposit or prepaid rent under ORS § 90.300.
(F) The right of a seller under a land sale contract, as defined by ORS § 18.960, to receive payments that are due more than 45 days after the writ of garnishment is delivered.
(G) Amounts in an account in a financial institution that are not subject to garnishment under ORS § 18.784.
(H) An identification document, such as a driver license, passport, certified copy of a record of live birth or Social Security card.
(b) If a garnishee holds any property described in paragraph (a) of this subsection, the garnishee must note in the garnishee response required by ORS § 18.680 that the garnishee holds the property, but may not deliver the property to the garnishor.
(2)(a) Notwithstanding ORS § 18.615, wages owing by a garnishee to a debtor for a specific pay period are not garnishable property if:
(A) The writ is delivered within two business days before the debtor’s normal payday for the pay period;
(B) When the writ is delivered to the garnishee, the debtor’s wages are paid by direct deposit to a financial institution, or the garnishee uses the Oregon Department of Administrative Services or an independent contractor as defined in ORS § 670.600 as payroll administrator for the garnishee’s payroll; and
(C) Before the writ is delivered to the garnishee, the garnishee issued instructions to the financial institution or the payroll administrator to pay the debtor for the pay period.
(b) If a garnishee owes any wages as described in paragraph (a) of this subsection, the garnishee must so note in the garnishee response required by ORS § 18.680.
(3) Notwithstanding any other provision of law, if a voluntary or involuntary bankruptcy petition has been filed by or on behalf of the debtor after a writ of garnishment could be issued under ORS § 18.605, the garnishment of any property of the debtor in the garnishee’s possession, control or custody is stayed pursuant to section 362 of the United States Bankruptcy Code (11 U.S.C. § 101 to 1330). [2001 c.249 § 8; 2005 c.348 § 98a; 2005 c.391 § 1; 2005 c.542 § 63; 2007 c.496 § 1; 2009 c.430 § 3; 2011 c.195 § 1; 2013 c.366 § 48]
[2009 c.430 § 2; 2011 c.733 § 2; renumbered 18.784 in 2011]