2007 ORS 18.385¹
Wage exemption

(1) Except as provided in this section, 75 percent of the disposable earnings of an individual are exempt from execution.

(2) The disposable earnings of an individual are exempt from execution to the extent that payment under a garnishment would result in net disposable earnings for an individual of less than the following amounts:

(a) $183 for any period of one week or less;

(b) $366 for any two-week period;

(c) $394 for any half-month period;

(d) $786 for any one-month period; and

(e) For any other period longer than one week, $183 multiplied by that fraction produced by dividing the number of days for which the earnings are paid by seven. The amount calculated under this paragraph must be rounded to the nearest dollar.

(3) If an individual is paid for a period shorter than one week, the exemption calculated under subsection (2) of this section may not exceed $183 for any one-week period.

(4) An employer shall deduct from the amount of disposable earnings determined to be nonexempt under subsections (1) to (3) of this section any amounts withheld from the individual’s earnings for the same period of time under an order issued pursuant to ORS 25.378 (Payment of support by income withholding), 419B.408 (Enforcement of support order) or 419C.600 (Enforcement) or ORS chapter 110. The employer shall make payment under a garnishment only of those amounts remaining after the deduction is made.

(5) Subsections (1) to (4) of this section do not apply to:

(a) Any order of a court of bankruptcy.

(b) Any debt due for federal tax.

(6) Subsections (2) to (4) of this section do not apply to any debt due for state tax. Subsection (1) of this section does not apply to a debt due for state tax if a state agency issues a special notice of garnishment under ORS 18.855 (Notices of garnishment issued by state agencies) (6).

(7) A court may not make, execute or enforce any order or process in violation of this section.

(8) Any waiver by an individual of the provisions of this section is void.

(9) An employer may not discharge any individual because the individual has had earnings garnished. [Formerly 23.186; 2007 c.496 §9]

Note: The amendments to 18.385 (Wage exemption) by section 14, chapter 496, Oregon Laws 2007, become operative January 1, 2009, and apply only to writs of garnishment and notices of garnishment delivered on or after January 1, 2009. See section 18, chapter 496, Oregon Laws 2007. The text that is operative on and after January 1, 2009, is set forth for the user’s convenience.

18.385 (Wage exemption). (1) Except as provided in this section, 75 percent of the disposable earnings of an individual are exempt from execution.

(2) The disposable earnings of an individual are exempt from execution to the extent that payment under a garnishment would result in net disposable earnings for an individual of less than the following amounts:

(a) $196 for any period of one week or less;

(b) $392 for any two-week period;

(c) $420 for any half-month period;

(d) $840 for any one-month period; and

(e) For any other period longer than one week, $196 multiplied by that fraction produced by dividing the number of days for which the earnings are paid by seven. The amount calculated under this paragraph must be rounded to the nearest dollar.

(3) If an individual is paid for a period shorter than one week, the exemption calculated under subsection (2) of this section may not exceed $196 for any one-week period.

(4) An employer shall deduct from the amount of disposable earnings determined to be nonexempt under subsections (1) to (3) of this section any amounts withheld from the individual’s earnings for the same period of time under an order issued pursuant to ORS 25.378 (Payment of support by income withholding), 419B.408 (Enforcement of support order) or 419C.600 (Enforcement) or ORS chapter 110. The employer shall make payment under a garnishment only of those amounts remaining after the deduction is made.

(5) Subsections (1) to (4) of this section do not apply to:

(a) Any order of a court of bankruptcy.

(b) Any debt due for federal tax.

(6) Subsections (2) to (4) of this section do not apply to any debt due for state tax. Subsection (1) of this section does not apply to a debt due for state tax if a state agency issues a special notice of garnishment under ORS 18.855 (Notices of garnishment issued by state agencies) (6).

(7) A court may not make, execute or enforce any order or process in violation of this section.

(8) Any waiver by an individual of the provisions of this section is void.

(9) An employer may not discharge any individual because the individual has had earnings garnished.

Notes of Decisions

Under Former Similar Statute (ORS 23.185)

Social security benefits are earnings subject to garnish­ment limita­tions where not otherwise totally exempted by ORS 23.166 (renumbered ORS 18.348 (Certain funds exempt when deposited in account)). Hobson v. Hobson, 136 Or App 516, 901 P2d 914 (1995)

Debtor may exempt earnings from garnish­ment only where employer-employee rela­tionship exists. In re Osworth, 234 B.R. 497 (9th Cir. BAP 1999)

Earnings excluded from garnish­ment are exempt in bankruptcy. In re Robinson, 241 B.R. 447 (9th Cir. BAP 1999); In re Platt, 270 B.R. 773 (Bkrtcy. D. Or. 2001)

Atty. Gen. Opinions

Under Former Similar Statute (ORS 23.185)

Applicability of garnish­ment limita­tion to wage assign­ments for child support under ORS 23.777 (renumbered ORS 25.050), (1978) Vol 39, p 370

1 Legislative Counsel Committee, CHAPTER 18—Judgments, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­018.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 18, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­018ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.