ORS 18.855
Notices of garnishment issued by state agencies


(1)

Notwithstanding ORS 18.607 (Form of writ), a notice of garnishment issued by a state agency need not contain the name of a court whose authority is invoked.

(2)

State agencies shall make such modifications as are necessary in the wage exemption calculation form provided by ORS 18.840 (Wage exemption calculation form) if a notice of garnishment is issued for a debt due for a state tax that is subject to the provisions of ORS 18.385 (Wage exemption) (6).

(3)

Notwithstanding ORS 18.625 (Duration of writ’s effect), but subject to ORS 18.618 (Property not subject to garnishment) (2), a notice of garnishment issued by a state agency acts to garnish all wages earned by the debtor by reason of services to the garnishee until the full amount of the debt is paid or until the notice of garnishment is released by the state agency or by court order. A notice of garnishment issued by a state agency must contain language reasonably designed to notify the garnishee of the provisions of this subsection.

(4)

Notwithstanding ORS 18.690 (Delivery of garnishee response), a garnishee who receives a notice of garnishment issued by a state agency need not deliver a copy of the garnishee response to the clerk of the court, but must deliver the original of the response to the state agency.

(5)

Notwithstanding ORS 18.700 (Manner of making challenge to garnishment), a challenge to a notice of garnishment issued by a state agency must be delivered in person or by first class mail to the state agency within the time specified by ORS 18.700 (Manner of making challenge to garnishment) (2). Upon receiving a challenge, the state agency shall provide notice of the challenge in the manner provided by ORS 18.702 (Notice to garnishor and garnishee of challenge to garnishment). Upon a sheriff receiving notice under ORS 18.702 (Notice to garnishor and garnishee of challenge to garnishment), the sheriff shall proceed as provided by ORS 18.760 (Challenge to garnishment), except that upon determination of the challenge by an administrative law judge, the sheriff shall proceed as directed by the judge. Within 14 days after receiving the challenge, the state agency must either concede the challenge or give the person making the challenge opportunity for hearing. If the person making the challenge requests a hearing, the agency shall immediately refer the challenge to the Office of Administrative Hearings established under ORS 183.605 (Office of Administrative Hearings). The hearing shall be conducted as soon as possible. Notwithstanding ORS 183.315 (Application of provisions of chapter to certain agencies), the hearing shall be conducted as a contested case hearing. An issue that was decided in a previous hearing, or for which the debtor was previously afforded an opportunity for hearing, may not be reconsidered.

(6)

If a state agency is issuing a notice of garnishment for collection of a state tax, and the state agency has reason to believe that the debtor intends to leave the state or do any other act that would jeopardize collection of the tax, the state agency may issue a special notice of garnishment. Any earnings, as defined in ORS 18.375 (Definitions), garnished under a special notice of garnishment are not subject to a claim of exemption under ORS 18.385 (Wage exemption). A special notice of garnishment issued under this subsection garnishes only that property of the debtor that is in the garnishee’s possession, control or custody at the time the special notice is delivered, including debts not yet due, and all wages owed by the garnishee to the debtor at the time the special notice is delivered. A special notice of garnishment does not act to garnish wages earned by the debtor by reason of services rendered to the garnishee after the delivery of the special notice of garnishment.

(7)

A special notice of garnishment issued under subsection (6) of this section shall contain a statement indicating that it is a special notice of garnishment under subsection (6) of this section and a statement reflecting the provisions of subsection (6) of this section. Notwithstanding ORS 18.854 (Notices of garnishment generally) (1), a wage exemption calculation form shall not be delivered to the garnishee with a special notice of garnishment.

(8)

Notwithstanding ORS 18.854 (Notices of garnishment generally) (1)(b), the Department of Revenue is not required to deliver a warrant or true copy of a warrant with the notice of garnishment when garnishing property of a debtor.

(9)

Notwithstanding ORS 18.607 (Form of writ) (4):

(a)

A notice of garnishment issued by the Department of Revenue must include the name of the person issuing the notice on behalf of the department, but need not be signed by that person.

(b)

A notice of garnishment related to the overpayment of medical assistance as defined in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414), or public assistance as defined in ORS 411.010 (Definitions), issued by the Department of Human Services or the Oregon Health Authority must include the name of the person issuing the notice on behalf of the department or authority, but need not be signed by that person. [Formerly 18.902; 2007 c.496 §4; 2009 c.835 §7; 2013 c.405 §1; 2015 c.294 §2; 2021 c.58 §1]
Note: See note under 18.854 (Notices of garnishment generally).

Source: Section 18.855 — Notices of garnishment issued by state agencies, 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
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