Oregon Statutes 238.447 – Execution or assignment of benefits to collect restitution or compensatory fine for felony
(1) Notwithstanding ORS § 238.445, any retirement allowance, pension payment, lump sum payment or other distribution payable under this chapter or ORS Chapter 238A to a person convicted of a felony is subject to execution, garnishment, attachment or other process to collect, and may be assigned to satisfy, the portion of a money award described in subsection (2) of this section that is included in a judgment entered in the criminal action as provided in ORS § 18.048.
Terms Used In Oregon Statutes 238.447
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Conviction: A judgement of guilt against a criminal defendant.
- 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
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(2) Subsection (1) of this section applies only to the amount of a money award attributable to restitution ordered under ORS § 137.106 or a compensatory fine ordered under ORS § 137.101. [2013 s.s. c.3 § 4]
Section 6, chapter 3, Oregon Laws 2013 (special session), provides:
Section 4 of this 2013 special session Act [238.447] and the amendments to ORS § 238A.050 by section 5 of this 2013 special session Act apply only to conduct resulting in a conviction of a felony that is committed on or after the effective date of this 2013 special session Act [October 8, 2013]. [2013 s.s. c.3 § 6]