A writ of garnishment must be in substantially the following form:

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Terms Used In Oregon Statutes 18.830

  • 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
  • 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
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

______________________________________________________________________________

________ COURT

COUNTY OF ________

 

 

TO: ________.

 

You are now a Garnishee. AS A GARNISHEE, YOU NEED TO KNOW THE FOLLOWING:

________ (who is called the ‘Debtor’) owes money to ________ (who is called the ‘Creditor’). A judgment was entered against the Debtor for the debt, or the debt otherwise became subject to garnishment, on _____, 2__. The Debtor’s employer identification number, or the final four digits of the Debtor’s Social Security number, is ________ (insert if known).

 

The amount subject to garnishment is $_____.

 

This writ garnishes all of the following:

 

‘ Wages that you owe the Debtor at the time this writ is delivered to you, and all wages that the Debtor earns during the 90-day period following the date on which you receive this writ.

 

‘ All property of the Debtor (including money) that is in your possession, control or custody at the time this writ is delivered to you.

 

‘ All debts that you owe the Debtor at the time this writ is delivered to you, whether or not payment is due on the debt at the time you receive this writ.

 

YOU MUST ANSWER THIS WRIT BY COMPLETING THE ATTACHED GARNISHEE RESPONSE WITHIN THE TIME ALLOWED BY LAW, WHETHER OR NOT YOU HOLD ANY OF THE DEBTOR’S PROPERTY OR OWE ANYTHING TO THE DEBTOR. IF YOU DO NOT TRUTHFULLY ANSWER THIS WRIT, OR YOU DO NOT DELIVER MONEY OR PROPERTY WHEN YOU ARE REQUIRED TO DO SO, YOU WILL BE LIABLE TO THE CREDITOR.

 

If you have questions, you should contact an attorney. Court employees cannot give you legal advice. The Creditor’s attorney cannot give you legal advice.

 

A writ of garnishment may be issued only by the court administrator, by the attorney for the Creditor or by a person who is specifically authorized by law to issue garnishments. This writ is issued by (check one):

 

__’ The court administrator

__’ The attorney for the Creditor

__’ Other authorized issuer:

Name and title ________

Statutory authority to issue writ

________

 

This writ is valid only if it has been delivered to you within 60 days after the date of issuance. If the court administrator is issuing this writ, the date of issuance is the date the court administrator signs the writ (see ‘COURT SEAL’ below). If this writ is issued by any other person, the date of issuance is the date on which the issuer signs the certification (see ‘CERTIFICATION’ below).

 

IMPORTANT ADDRESSES

(see Step 2 of Instructions to Garnishee form)

 

(Court Administrator)

 

 

 

________ Court

Street address ________

City _____ County _____

State _____ Zip Code _____

 

(Debtor)

 

Name ________

Telephone number (if known) _____

 

__’ Street address ________

City _____ State _____

Zip Code _____

 

__’ Creditor has no knowledge of Debtor’s address

 

(Garnishor; check one)

 

__’ Creditor: (Must be filled in if the court administrator issues writ.)

Name ________

Street address ________

City _____’ State _____

Zip Code _____

 

__’ Attorney for Creditor:

Name ________

Street address ________

City _____’ State _____

Zip Code _____

Telephone number ________

Oregon State Bar number ______

 

__’ Other authorized issuer of writ:

Name ________

Street address ________

City _____’ State _____

Zip Code _____

Telephone number ________

 

CERTIFICATION

 

 

 

(The following certification must be signed by the Creditor if this writ is issued by the court administrator. In all other cases, the following certification must be signed by the person issuing the writ.)

 

I certify that I have read this writ of garnishment and to the best of my knowledge, information and belief, there is good ground to support issuance of the writ, and the amount indicated as subject to garnishment is lawfully subject to collection by this writ.

 

 

_______________

Oregon State Bar No. (if attorney)

 

COURT SEAL

 

(To be completed only if this writ is issued by the court administrator. The writ must be stamped by the court administrator. The court administrator has not calculated any amounts on the writ and is not liable for errors made in the writ by the Creditor.)

 

Issued by the court administrator this __ day of ______, 2__.

 

COURT ADMINISTRATOR

 

By _______________

______________________________________________________________________________ [2001 c.249 § 59; 2003 c.85 § 17; 2003 c.576 § 73; 2009 c.230 § 5]