Oregon Statutes 18.850 – Challenge to garnishment form
A challenge to garnishment form must be in substantially the following form:
Terms Used In Oregon Statutes 18.850
- 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
- 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
- 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.
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________ COURT
COUNTY OF ________
THIS FORM MAY BE USED BY THE DEBTOR ONLY FOR THE FOLLOWING PURPOSES:
(1) To claim such exemptions from garnishment as are permitted by law.
(2) To assert that property is not garnishable property under ORS § 18.618.
(3) To assert that the amount specified in the writ of garnishment as being subject to garnishment is greater than the total amount owed.
THIS FORM MAY BE USED BY PERSONS OTHER THAN THE DEBTOR ONLY TO CLAIM AN INTEREST IN THE PROPERTY THAT IS GARNISHED.
THIS FORM MAY NOT BE USED TO CHALLENGE THE VALIDITY OF THE DEBT.
I/We claim that the following described property or money is exempt from execution or is not subject to garnishment:
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I/We believe this property is exempt from or not subject to garnishment because (the Notice of Exempt Property that you received lists most types of property that you can claim as exempt from or not subject to garnishment):
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I/We claim that the total amount owed is:
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I am a person other than the Debtor and I have the following interest in the property:
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______________________________________________________________________________ [2001 c.249 § 65; 2003 c.85 § 22]
NOTICES OF GARNISHMENT