Safe deposit boxes
(1) Notwithstanding any other provision of ORS 18.600 (Definitions) to 18.850 (Challenge to garnishment form), but subject to the provisions of ORS 18.854 (Notices of garnishment generally), the duty of a financial institution that is a garnishee to deliver any property of the debtor that may be contained in a safe deposit box that is in the garnishee’s possession, control or custody at the time the writ of garnishment is delivered is conditioned upon the garnishor first paying to the garnishee, in addition to the search fee provided for in ORS 18.790 (Search fee), all reasonable costs incurred by the garnishee in gaining entry to the safe deposit box. The costs must be paid to the garnishee by the garnishor before access to the safe deposit box is granted. If the garnishor fails to pay such costs to the garnishee within 20 days after the delivery of the garnishee response, the garnishment shall not be effective to garnish any property of the debtor that may be contained in the safe deposit box and the garnishee may proceed to deal with the safe deposit box and its contents as though the writ of garnishment had not been issued. Nothing in this section limits the right of a garnishor to reach the contents of any safe deposit box in any manner otherwise provided by law.
(2) If a sheriff is instructed to seize and sell the contents of a safe deposit box, and the box is found to contain an identification document, such as a driver license, passport, certified copy of a record of live birth or Social Security card, the sheriff shall take possession of the identification document, but the document may not be sold to satisfy the debt. [2001 c.249 §56; 2011 c.195 §5; 2013 c.366 §49]
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