23.105; 2007 c.495 �1; 2017 c.169 �42] ����� 18.315 [1999 c.788 �15; repealed by 2003 c.576 �580] ����� 18.318 Execution against property in possession or control of public officer or agency.

23.105; 2007 c.495 �1; 2017 c.169 �42]

����� 18.315 [1999 c.788 �15; repealed by 2003 c.576 �580]

����� 18.318 Execution against property in possession or control of public officer or agency. Any salary, wages, credits, or other personal property in the possession or under the control of the state or of any county, city, school district or other political subdivision therein, or any board, institution, commission, or officer of the same, belonging or owed to any person, firm or corporation, shall be subject to execution in the same manner and with the same effect as property in the possession of individuals is subject to execution; however, process in such proceedings may be served only on the board, department, institution, commission, agency, or officer charged with the duty of approving a voucher or claim for such salary, wages, credits, or other property. No clerk or officer of any court shall be required to answer as garnishee as to any moneys or property in the possession of the clerk or officer in the custody of the law. [Formerly 23.190]

����� 18.320 [Amended by 1961 c.151 �1; 1983 c.405 �1; 1983 c.696 �3; 1985 c.343 �1; 1987 c.586 �3; 1989 c.768 �5; 1993 c.223 �2; 1997 c.801 �59; 1999 c.80 �31; 1999 c.788 �18; repealed by 2003 c.576 �580]

����� 18.322 Adjudication of claim of exemption. The judgment debtor�s claim of exemption shall, upon application of either plaintiff or judgment debtor, be adjudicated in a summary manner at a hearing in the court out of which the execution issues. [Formerly 23.168; 2005 c.542 �56]

����� 18.325 [1987 c.586 �2b; 1989 c.171 �2; 1999 c.59 �6; 1999 c.80 �32; 1999 c.195 �5; 2003 c.73 �13; 2003 c.576 �570; renumbered 18.170 in 2003]

����� 18.330 [Repealed by 1959 c.558 �29 (18.335 enacted in lieu of 18.330)]

����� 18.335 [1959 c.558 �30 (enacted in lieu of 18.330); 1979 c.284 �54; 1983 c.405 �2; 1987 c.873 �21; 1997 c.340 �5; 1997 c.872 �16; 2001 c.249 �67; repealed by 2003 c.576 �580]

����� 18.340 [Repealed by 1959 c.558 �51]

(Personal Property)

����� 18.345 Exempt personal property generally. (1) All property of a judgment debtor, including franchises, or rights or interest in the judgment debtor�s property, is liable to an execution, except as provided in this section and in other statutes granting exemptions from execution. The following property of the judgment debtor, or rights or interest in the property, except as provided in ORS 18.305, is exempt from execution:

����� (a) Books, pictures and musical instruments to the value of $600.

����� (b) Wearing apparel, jewelry and other personal items to the value of $1,800.

����� (c) The tools, implements, apparatus, team, harness or library, necessary to enable the judgment debtor to carry on the trade, occupation or profession by which the judgment debtor habitually earns a living, to the value of $5,000.

����� (d)(A) A vehicle, including an automobile, truck, trailer, truck and trailer or other motor vehicle, to the value of $10,000; or

����� (B) If the judgment debtor owes a debt that arises out of a child support or spousal support obligation or a money award judgment that includes restitution, a vehicle, including an automobile, truck, trailer, truck and trailer or other motor vehicle, to the value of $3,000.

����� (e) Domestic animals and poultry kept for family use, to the total value of $1,000 and food sufficient to support such animals and poultry for 60 days.

����� (f) Household goods, furniture, radios, a television set and utensils all to the total value of $3,000, if the judgment debtor holds the property primarily for the personal, family or household use of the judgment debtor; provisions actually provided for family use and necessary for the support of a householder and family for 60 days and also 60 days� supply of fuel.

����� (g) All property of the state or any county or incorporated city therein, or of any other public or municipal corporation of like character.

����� (h) All professionally prescribed health aids for the judgment debtor or a dependent of the judgment debtor.

����� (i) Spousal support, child support, or separate maintenance to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

����� (j) The judgment debtor�s right to receive, or property that is traceable to, an award under any crime victim reparation law.

����� (k) The judgment debtor�s right to receive, or property that is traceable to, a payment or payments, not to exceed a total of $10,000, on account of personal bodily injury of the judgment debtor or an individual of whom the judgment debtor is a dependent.

����� (L) The judgment debtor�s right to receive, or property that is traceable to, a payment in compensation of loss of future earnings of the judgment debtor or an individual of whom the judgment debtor is or was a dependent, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

����� (m) Veterans� benefits and loans.

����� (n) The judgment debtor�s right to receive an earned income tax credit under the federal tax laws and any moneys that are traceable to a payment of an earned income tax credit under the federal tax laws.

����� (o) The judgment debtor�s 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.

����� (p) The judgment debtor�s interest, not to exceed $400 in value, in any personal property. However, this exemption may not be used to increase the amount of any other exemption.

����� (q) The judgment debtor�s right to receive a tax credit under ORS 315.273, and any moneys that are traceable to a payment of a tax credit under ORS 315.273.

����� (2) If the property claimed by the judgment debtor as exempt is adjudicated by the court out of which the execution issued to be of a value in excess of that allowed by the appropriate paragraph of subsection (1) of this section, the officer seizing the property shall proceed to sell such property. Out of the proceeds of such sale, the officer shall deduct costs of sale and shall pay to the judgment debtor an amount equivalent to the value declared to be exempt by any of the paragraphs of subsection (1) of this section and shall apply the balance of the proceeds of sale on the execution. A sale may not be made under such execution unless the highest bid made exceeds the appropriate exemption claimed and allowed plus costs of sale. If no bid is received in excess of the value allowed by the appropriate paragraph of subsection (1) of this section, the costs of sale shall be borne by the judgment creditor.

����� (3) If two or more members of a household are joint judgment debtors, each judgment debtor shall be entitled to claim the exemptions in subsection (1)(a), (b), (c), (d) and (p) of this section in the same or different properties. The exemptions provided by subsection (1)(a), (b), (c), (d), (j), (k) and (p) of this section, when claimed for jointly owned property, may be combined at the option of the judgment debtors.

����� (4) Notwithstanding any other provision of law except ORS 657.855, if a writ of garnishment or other execution is issued to collect past due support as defined in ORS 18.600, 50 percent of unemployment compensation benefits, workers� compensation benefits and other benefits paid to the judgment debtor by the United States, by the state or by a political subdivision of the state are exempt. The exemption related to unemployment compensation benefits provided by this subsection is subject to ORS 657.855. The exemption provided by this subsection applies without regard to whether the payment is made on a periodic basis or in a lump sum, including any lump sum payable pursuant to a settlement or judgment. Notwithstanding subsection (1)(k) of this section, if a payment is made under a settlement or judgment on account of personal bodily injury and the garnishment or other execution is issued to collect past due support as defined in ORS 18.600, the lesser of 50 percent of the payment or $7,500 is exempt. [Formerly 23.160; 2005 c.456 �1; 2009 c.612 �1; 2011 c.93 �1; 2011 c.317 �4; 2013 c.597 �1; 2023 c.538 �9; 2024 c.100 �1]

����� 18.348 Certain funds exempt when deposited in account; limitation. (1) Funds that are exempt from execution under ORS 18.358, 18.385, 178.345, 238.445, 344.580, 407.595,