Oregon Statutes 18.640 – Grounds for denying issuance of writ
(1) The court administrator shall refuse to issue a writ of garnishment that is not substantially in the form required by ORS § 18.830.
Terms Used In Oregon Statutes 18.640
- Court administrator: means a trial court administrator in a circuit court that has a trial court administrator and the clerk of the court in all other courts. See Oregon Statutes 18.005
- 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
- Judgment: means the concluding decision of a court on one or more requests for relief in one or more actions, as reflected in a judgment document. See Oregon Statutes 18.005
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(2) The court administrator shall refuse to issue a writ of garnishment that is incomplete or contains improper instructions. Grounds for refusing issuance of a writ under this subsection include:
(a) The inability of the court administrator to verify the existence of the debt claimed as the basis for the writ by a review of the register of the court.
(b) A determination by the court administrator, based on a review of the register of the court, that a satisfaction of judgment has been filed with the court.
(3) The court administrator shall refuse to issue a writ of garnishment pursuant to an order for provisional process under ORCP 83 and 84 if the party seeking issuance of the writ has not complied with all requirements of ORCP 82 A(3), A(5) and A(6) and B to G, 83 and 84. [2001 c.249 § 14; 2003 c.576 § 52]
(Writs Issued by Division of Child Support or District Attorney)