Oregon Statutes 18.750 – Application of ORS 18.750 to 18.760
(1) A garnishee shall not deliver the property described in this section to the garnishor. If the garnishor seeks to apply the property described in this section against the debt of the debtor, the property must be sold by the sheriff in the manner specified in ORS § 18.750 to 18.760.
Terms Used In Oregon Statutes 18.750
- 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
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(2) The provisions of ORS § 18.750 to 18.760 apply to:
(a) Except as provided in ORS § 18.618 (1)(a)(F), any money owed by a garnishee to a debtor the payment of which is not due at the time the writ of garnishment is delivered to the garnishee and the payment of which does not become due within 45 days after the date of delivery;
(b) Property of the debtor that the garnishee holds under an unexpired bailment or lease;
(c) Property of the debtor in which the garnishee has a security interest that was granted to the garnishee by the debtor before the delivery of the writ; and
(d) Any other garnishable property that is not payable in money.
(3) The property described in subsection (2)(a) to (c) of this section must be delivered by the garnishee to the purchaser in the manner provided by ORS § 18.758 (3) if the interest of the debtor in the property is sold by the sheriff under ORS § 18.758. Subject to the provisions of ORS § 18.755, the garnishee must deliver to the sheriff any other garnishable property that is not payable in money upon receiving notice from the sheriff under ORS § 18.755 (4). [2001 c.249 § 45; 2005 c.542 § 64; 2007 c.496 § 6]