ORS 18.896
Challenge to execution form


(1)

The challenge to execution form described in this section does not expand or restrict the law relating to exempt property. A determination as to whether property is exempt from attachment or execution must be made by reference to other law. The form provided in this section may be modified to provide more information or to update the notice based on subsequent changes in exemption laws.

(2)

A challenge to execution form must be in substantially the following form:

________ COURT
COUNTY OF ________
______ ) CHALLENGE TO
Plaintiff, ) EXECUTION
)
vs. ) Case No. _____
)
______ )
Defendant. )
THIS FORM MAY BE USED BY THE DEBTOR ONLY FOR THE FOLLOWING PURPOSES:

(1)

To claim such exemptions from execution as are permitted by law.

(2)

To assert that the amount specified in the writ of execution as being subject to execution 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 TO BE SOLD ON EXECUTION.
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:


I/We believe this property is exempt from execution because (the Notice of Exempt Property at the end of this form describes most types of property that you can claim as exempt from execution):


I am a person other than the Debtor and I have the following interest in the property:


Name ________ Name ________
Signature ______ Signature ______
Address ______ Address ______
____________ ____________
Telephone Telephone
Number ______ Number ______

(Required)

(Required)
YOU MUST ACT PROMPTLY IF YOU WANT TO GET YOUR MONEY OR PROPERTY BACK. You may seek to reclaim your exempt property by doing the following:

(1)

Fill out the Challenge to Execution form that you received with this notice.

(2)

Mail or deliver the Challenge to Execution form to the court administrator at the address shown on the writ of execution.

(3)

Mail or deliver a copy of the Challenge to Execution form to the judgment creditor at the address shown on the writ of execution.
You should be prepared to explain your exemption in court. If you have any questions about the execution or the debt, you should see an attorney.
YOU MAY USE THE CHALLENGE TO EXECUTION FORM ONLY FOR THE FOLLOWING PURPOSES:

(1)

To claim such exemptions from execution as are permitted by law.

(2)

To assert that the amount specified in the writ of execution as being subject to execution is greater than the total amount owed.
YOU MAY NOT USE THE CHALLENGE TO EXECUTION FORM TO CHALLENGE THE VALIDITY OF THE DEBT.
IF YOU CLAIM AN EXEMPTION IN BAD FAITH, YOU MAY BE SUBJECT TO PENALTIES IMPOSED BY THE COURT THAT COULD INCLUDE A FINE. Penalties that you could be subject to are listed in ORS 18.899 (Sanctions).
Property belonging to you may have been taken or held in order to satisfy a debt. The debt may be reflected in a judgment or in a warrant or order issued by a state agency. Important legal papers are enclosed.
YOU MAY BE ABLE TO GET YOUR PROPERTY BACK, SO READ THIS NOTICE CAREFULLY.
State and federal law specify that certain property may not be taken. Some of the property that you may be able to get back is listed below.

(1)

Wages or a salary as described in ORS 18.375 (Definitions) and 18.385 (Wage exemption). Whichever of the following amounts is greater:

(a)

75 percent of your take-home wages; or

(b)

$254 per workweek.

(2)

Social Security benefits.

(3)

Supplemental Security Income (SSI).

(4)

Public assistance (welfare).

(5)

Unemployment benefits.

(6)

Disability benefits (other than SSI benefits).

(7)

Workers’ compensation benefits.

(8)

All Social Security benefits and Supplemental Security Income benefits, and up to $7,500 in exempt wages, retirement benefits, welfare, unemployment benefits and disability benefits, that are held in a bank account.

(9)

Spousal support, child support or separate maintenance to the extent reasonably necessary for your support or the support of any of your dependents.

(10)

A homestead (house, manufactured dwelling or floating home) occupied by you, or occupied by your spouse, parent or child. Up to $40,000 of the value of the homestead is exempt. If you jointly own the homestead with another person who is also liable on the debt, up to $50,000 of the value of the homestead is exempt.

(11)

Proceeds from the sale of a homestead described in item 10, up to the limits described in item 10, if you hold the proceeds for less than one year and intend to use those proceeds to procure another homestead.

(12)

Household goods, furniture, radios, a television set and utensils with a combined value not to exceed $3,000.
*(13) An automobile, truck, trailer or other vehicle with a value not to exceed $3,000.
*(14) Tools, implements, apparatus, team, harness or library that are necessary to carry on your occupation, with a combined value not to exceed $5,000.
*(15) Books, pictures and musical instruments with a combined value not to exceed $600.
*(16) Wearing apparel, jewelry and other personal items with a combined value not to exceed $1,800.

(17)

Domestic animals and poultry for family use with a combined value not to exceed $1,000 and their food for 60 days.

(18)

Provisions and fuel for your family for 60 days.

(19)

One rifle or shotgun and one pistol. The combined value of all firearms claimed as exempt may not exceed $1,000.

(20)

Public or private pensions.

(21)

Veterans’ benefits and loans.

(22)

Medical assistance benefits.

(23)

Health insurance proceeds and disability proceeds of life insurance policies.

(24)

Cash surrender value of life insurance policies not payable to your estate.

(25)

Federal annuities.

(26)

Other annuities to $250 per month (excess over $250 per month is subject to the same exemption as wages).

(27)

Professionally prescribed health aids for you or any of your dependents.
*(28) Rental assistance to an elderly person allowed pursuant to ORS 458.375 (Rental housing assistance for very low income elderly persons).
*(29) Your right to receive, or property traceable to:
*(a) An award under any crime victim reparation law.
*(b) A payment or payments, not exceeding a total of $10,000, on account of personal bodily injury suffered by you or an individual of whom you are a dependent.
*(c) A payment in compensation of loss of future earnings of you or an individual of whom you are or were a dependent, to the extent reasonably necessary for your support and the support of any of your dependents.

(30)

Amounts paid to you as an earned income tax credit under federal tax law.

(31)

Your right to the assets held in, or right to receive payments under, a medical savings account or health savings account authorized under section 220 or 223 of the Internal Revenue Code.

(32)

Interest in personal property to the value of $400, but this cannot be used to increase the amount of any other exemption.

(33)

Equitable interests in property.
Note: If two or more people in your household owe the claim or judgment, each of them may claim the exemptions marked by an asterisk (*).

SPECIAL RULES APPLY FOR DEBTS THAT ARE OWED FOR CHILD SUPPORT AND SPOUSAL SUPPORT. Some property that may not otherwise be taken for payment against the debt may be taken to pay for overdue support. For instance, Social Security benefits, workers’ compensation benefits, unemployment benefits, veterans’ benefits and pensions are normally exempt, but only 50 percent of a lump sum payment of these benefits is exempt if the debt is owed for a support obligation.

[Formerly 18.512; 2007 c.71 §7; 2007 c.166 §9; 2007 c.496 §§12,17; 2009 c.430 §11; 2009 c.612 §5; 2011 c.93 §3; 2011 c.228 §4; 2011 c.317 §7; 2013 c.597 §3; 2015 c.348 §25; 2019 c.263 §4]

Source: Section 18.896 — Challenge to execution form, https://www.­oregonlegislature.­gov/bills_laws/ors/ors018.­html.

18.005
Definitions
18.015
Statutory references to decrees and judgments
18.025
Courts subject to chapter
18.028
Authority of Chief Justice
18.029
Effect of chapter on use of judgment
18.031
Contents of supplemental judgments
18.035
Preparation of judgment document
18.038
Form of judgment document generally
18.042
Judgment in civil action that includes money award
18.048
Judgment in criminal action that contains money award
18.049
Adjustments to money awards
18.052
Duty of judge with respect to form of judgment document
18.058
Duty of court administrator with respect to form of judgment document
18.062
Use of electronic judgment forms
18.075
Entry of judgments in circuit courts generally
18.078
Notice of entry of judgment in circuit court civil action
18.082
Effect of entry of judgment
18.107
Corrections to civil judgments
18.112
Correction of designation of judgment as general judgment
18.150
Judgment liens in circuit courts
18.152
Establishing judgment liens in other counties
18.154
Appeal
18.158
Judgment lien based on judgment for child support or spousal support entered in another state
18.162
Judgment lien based on justice and municipal court judgments
18.165
Priority of judgment lien over unrecorded conveyance
18.170
Form for lien record abstract
18.180
Expiration of judgment remedies in circuit court
18.182
Extension of judgment remedies
18.185
Extension of judgment lien of spousal support award
18.190
Spousal support awards in judgments entered before January 1, 2004
18.194
Expiration and extension of judgment remedies for justice and municipal court judgments
18.200
Release of lien
18.202
Reinstatement of lien
18.205
Assignment of judgment
18.225
Satisfaction of money awards generally
18.228
Satisfaction of support awards payable to Department of Justice
18.232
Alternate method for satisfaction of support awards payable to Department of Justice
18.235
Motion to satisfy money award
18.238
Proceedings after discharge in bankruptcy
18.242
Contribution among judgment debtors
18.245
Jurisdictional requirements
18.252
Execution
18.255
Enforcement of judgment by circuit court for county where debtor resides
18.265
Debtor examination
18.268
Conduct of debtor examination
18.270
Written interrogatories
18.300
Resident entitled to use federal exemptions or state exemptions in bankruptcy
18.305
Property not exempt from execution for purchase price
18.312
Execution not to issue against property of deceased party
18.318
Execution against property in possession or control of public officer or agency
18.322
Adjudication of claim of exemption
18.345
Exempt personal property generally
18.348
Certain funds exempt when deposited in account
18.352
Proceeds of casualty and indemnity insurance attachable on execution
18.358
Certain retirement plans exempt from execution
18.362
Exemption for firearms
18.364
Prohibition on demanding firearms
18.375
Definitions
18.385
Wage exemption
18.395
Homestead exemption
18.398
Denial of homestead exemption when judgment is for child support
18.402
Limitations on homestead exemption
18.406
Exemption not applicable to certain liens, mortgages and interests
18.412
Notice of intent to discharge judgment lien against homestead
18.415
Objections to discharge
18.422
Release of judgment lien
18.600
Definitions
18.602
Garnishment described
18.605
Debts subject to garnishment
18.607
Form of writ
18.609
Validity of writ after issuance
18.610
Court with authority over writ
18.615
Garnishable property generally
18.618
Property not subject to garnishment
18.620
Setoff for certain amounts payable to underlying lienholders
18.625
Duration of writ’s effect
18.627
Multiple writs
18.635
Who may issue writs
18.638
Writs issued by court administrators generally
18.640
Grounds for denying issuance of writ
18.645
Writs issued by Division of Child Support or district attorney
18.650
Items required to be delivered to garnishee
18.652
Manner of delivery
18.655
Proper person to receive writ
18.658
Documents to be delivered to debtor
18.665
Duties generally
18.668
Immunity by payment to court administrator or delivery to sheriff
18.670
Exceptions to garnishee’s duties
18.672
Duties of personal representative who is garnished
18.680
Response required
18.682
When response not required
18.685
Contents of response
18.688
Response of garnishee who is employer of debtor
18.690
Delivery of garnishee response
18.692
Supplemental garnishee response
18.700
Manner of making challenge to garnishment
18.702
Notice to garnishor and garnishee of challenge to garnishment
18.705
Duties of garnishor and creditor created by challenge to garnishment
18.708
Duties of garnishee created by challenge to garnishment
18.710
Hearing on challenge to garnishment
18.712
Allowance or denial of challenge
18.715
Sanctions
18.718
Special procedures for writs issued for past due support
18.725
Claim by person other than debtor for all or part of garnished property
18.730
Payment of money under writ
18.732
Money owed to debtor that is due within 45 days
18.735
Payment of wages subject to garnishment
18.736
Processing fee
18.738
Acceptance or rejection of payments by court administrator
18.740
Payments erroneously sent to court
18.742
Crediting of payments against debt
18.745
Excess payments
18.750
Application of ORS 18.750 to 18.760
18.752
Garnishee duties
18.755
Request for sale
18.758
Sheriff’s sale
18.760
Challenge to garnishment
18.770
Release of garnishment
18.775
Liability of garnishee
18.778
Order to appear
18.780
Pleadings
18.782
Hearing
18.784
Certain financial institution deposits not subject to garnishment
18.785
Duties of financial institution
18.787
Liability of financial institution
18.788
Compliance records
18.790
Search fee
18.792
Safe deposit boxes
18.795
Setoff for amounts owing to financial institution
18.798
Effect of garnishment served on financial institution
18.800
Special procedures for writs issued to enforce agency orders or warrants
18.810
Use of writ for provisional process
18.830
Writ of garnishment form
18.832
Debt calculation form
18.835
Garnishee response form
18.838
Instructions to garnishee form
18.840
Wage exemption calculation form
18.842
Release of garnishment form
18.845
Notice of exemptions form
18.847
Notice to debtor of garnishment account review
18.850
Challenge to garnishment form
18.854
Notices of garnishment generally
18.855
Notices of garnishment issued by state agencies
18.857
Notice of garnishment issued by county tax collector
18.860
Function of writ
18.862
Form of writ
18.865
Court administrator to issue writ
18.867
Issuance of writs for certain judgments awarding child support
18.868
Sheriff to whom writ is issued
18.870
Recording of writ
18.872
Return on writ of execution
18.875
Instructions to sheriff
18.878
Manner of levying on property
18.880
Alternative procedure for levying on tangible personal property
18.882
Criminal penalty for moving, using or damaging secured property
18.884
Levying on intangible personal property
18.886
Creditor’s bond
18.887
Forcible entry for purpose of levying on personal property
18.888
Notice of levy
18.890
Debtor’s bond
18.892
Challenge to writ of execution
18.894
Notice of challenge to execution
18.896
Challenge to execution form
18.898
Hearing on challenge to execution
18.899
Sanctions
18.901
Definition of residential property
18.904
Order required for sale of residential property
18.906
Motion for order authorizing sale of residential property
18.908
Notice of motion for order authorizing sale of residential property
18.912
Hearing on motion for order authorizing sale of residential property
18.918
Person entitled to written notice of sale
18.920
Notice of sale of personal property
18.922
Expedited sale of perishable personal property
18.924
Notice of sale of real property
18.926
Legal notices website
18.930
Conduct of sale generally
18.932
Postponement of sale
18.934
Amount of property to be sold
18.936
Bid by judgment creditor
18.938
Manner of payment
18.940
Bill of sale for personal property
18.942
Sheriff’s certificate of sale for real property
18.944
Notice of completed sale
18.946
Possession after sale
18.948
Confirmation of sale of real property
18.950
Delivery and distribution of proceeds
18.952
Effect of sale on judgment debtor’s or mortgagor’s title
18.954
Conduct of sale pursuant to court rule or terms of order or judgment
18.960
Definitions
18.962
Property that may be redeemed
18.963
Who may redeem
18.964
Time for redemption
18.965
Notice to seller before end of redemption period
18.966
Redemption amount payable to purchaser
18.967
Redemption amount payable to redemptioner
18.968
Setoff for rents, income and profits realized by certificate holder
18.970
Redemption notice
18.971
Objection to redemption notice
18.972
Response to redemption notice
18.973
Objection to response
18.975
Payment of redemption amount
18.978
Court proceedings on objections
18.980
Accounting
18.981
Manner of payment
18.982
Redemptioner must provide sheriff with address
18.983
Court may restrain waste
18.985
Sheriff’s deed
18.986
Manufactured dwellings and floating homes
18.987
Purchaser’s interest in land sale contract
18.988
Seller’s right to receive payments under land sale contract
18.989
Equitable interests in property
18.992
Referral of disputes to court
18.993
Effect of ORS 18.860 to 18.993 on court’s ability to direct seizure
18.995
Owner not allowed to neglect foreclosed residential real property
18.999
Recovery of amounts related to attempts to recover debt or enforce judgment
Green check means up to date. Up to date