2007 ORS 18.635¹
Who may issue writs

(1) A writ of garnishment may be issued only by a person specified in this section.

(2) The court administrator may issue a writ pursuant to ORS 18.638 (Writs issued by court administrators generally) and 18.640 (Grounds for denying issuance of writ) only:

(a) For the enforcement of a judgment that requires the payment of money and that has been entered in the register of a circuit court or docketed in the docket of a justice or municipal court;

(b) Pursuant to an order for provisional process under ORCP 83 and 84; or

(c) On behalf of a complainant or claimant under an order recorded pursuant to ORS 671.707 (Actions following final order of board) or 701.153 (Recording of order as lien), if the complainant or claimant has complied with the requirements of ORS 205.126 (Enforcement of order or warrant recorded in County Clerk Lien Record).

(3) An attorney who is an active member of the Oregon State Bar may issue a writ for the purpose of enforcing:

(a) A judgment that requires payment of money and that has been entered in the register of a circuit court of this state or docketed in the docket of a justice or municipal court of this state; and

(b) An order or warrant that an agency has recorded in the County Clerk Lien Record as authorized by law, including any order that has been recorded pursuant to ORS 671.707 (Actions following final order of board) or 701.153 (Recording of order as lien).

(4) The administrator, as defined in ORS 25.010 (Definitions for support enforcement laws), may issue writs of garnishment only for the collection of past due support. Writs issued under this subsection are subject to the provisions of ORS 18.645 (Writs issued by Division of Child Support or district attorney). [2001 c.249 §12; 2003 c.576 §50; 2007 c.793 §1; 2007 c.836 §39]

Note: The amendments to 18.635 (Who may issue writs) by section 39, chapter 836, Oregon Laws 2007, become operative July 1, 2008, and apply to claims or complaints filed against persons whose contractor licenses are issued or renewed on or after July 1, 2008. See section 70, chapter 836, Oregon Laws 2007. The text that is operative until July 1, 2008, including amendments by section 1, chapter 793, Oregon Laws 2007, is set forth for the user’s convenience.

18.635 (Who may issue writs). (1) A writ of garnishment may be issued only by a person specified in this section.

(2) The court administrator may issue a writ pursuant to ORS 18.638 (Writs issued by court administrators generally) and 18.640 (Grounds for denying issuance of writ) only:

(a) For the enforcement of a judgment that requires the payment of money and that has been entered in the register of a circuit court or docketed in the docket of a justice or municipal court;

(b) Pursuant to an order for provisional process under ORCP 83 and 84; or

(c) On behalf of a complainant or claimant under an order recorded pursuant to ORS 671.707 (Actions following final order of board) or 701.150 (Satisfaction of unpaid order from bond), if the complainant or claimant has complied with the requirements of ORS 205.126 (Enforcement of order or warrant recorded in County Clerk Lien Record).

(3) An attorney who is an active member of the Oregon State Bar may issue a writ for the purpose of enforcing:

(a) A judgment that requires payment of money and that has been entered in the register of a circuit court of this state or docketed in the docket of a justice or municipal court of this state; and

(b) An order or warrant that an agency has recorded in the County Clerk Lien Record as authorized by law, including any order that has been recorded pursuant to ORS 671.707 (Actions following final order of board) or 701.150 (Satisfaction of unpaid order from bond).

(4) The administrator, as defined in ORS 25.010 (Definitions for support enforcement laws), may issue writs of garnishment only for the collection of past due support. Writs issued under this subsection are subject to the provisions of ORS 18.645 (Writs issued by Division of Child Support or district attorney).

Notes of Decisions

Where debtor has two wage sources and one source withholds max­i­mum amount for pay­ment of current child support and arrearage under ORS 25.414 (Standard amount to be withheld), wages from nonwith­hold­ing source are subject to garnish­ment for collec­tion of remaining arrearage. Morrow and Morrow, 191 Or App 354, 82 P3d 647 (2004)

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.