23.210] ����� 18.365 [1999 c.788 �17; 2003 c.576 �94; renumbered 18.194 in 2003] ����� 18.370 [Amended by 1987 c.586 �6; 2003 c.576 �45a; renumbered 18.165 in 2003] (Wages) ����� 18.37

23.210]

����� 18.365 [1999 c.788 �17; 2003 c.576 �94; renumbered 18.194 in 2003]

����� 18.370 [Amended by 1987 c.586 �6; 2003 c.576 �45a; renumbered 18.165 in 2003]

(Wages)

����� 18.375 Definitions. As used in this section and ORS 18.385:

����� (1) �Disposable earnings� means that part of the earnings of an individual remaining after the deduction from those earnings of any amounts required to be withheld by law.

����� (2) �Earnings� means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus or otherwise, and includes periodic payments pursuant to a pension or retirement program.

����� (3) �Employer� means any entity or individual who engages a person to perform work or services for which compensation is given in periodic payments or otherwise, even though the relationship of the person so engaged to the employer may be as an independent contractor for other purposes.

����� (4) �Garnishment� means any legal or equitable procedure through which the earnings of an individual are required to be withheld for payment of a debt. �Garnishment� does not include the procedure authorized by ORS 25.372 to 25.427 or 419B.408 or ORS chapter 110. [Formerly 23.175; 2021 c.597 �40]

����� 18.380 [Repealed by 1985 c.343 �14]

����� 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) Except as provided in subsection (6) of this section, 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) For any period of one week or less:

����� (A) For wages payable before January 1, 2025, $254.

����� (B) For wages payable on or after January 1, 2025, and before July 1, 2025, $305.

����� (C) For wages payable on or after July 1, 2025, and before July 1, 2026, $338.

����� (D) For wages payable on or after July 1, 2026, and before July 1, 2027, $400.

����� (E) For wages payable on or after July 1, 2027, the minimum wage specified in ORS 653.025 (1), multiplied by 30.

����� (b) For any two-week period:

����� (A) For wages payable before January 1, 2025, $509.

����� (B) For wages payable on or after January 1, 2025, and before July 1, 2025, $611.

����� (C) For wages payable on or after July 1, 2025, and before July 1, 2026, $675.

����� (D) For wages payable on or after July 1, 2026, and before July 1, 2027, $832.

����� (E) For wages payable on or after July 1, 2027, the minimum wage specified in ORS 653.025 (1), multiplied by 60.

����� (c) For any half-month period:

����� (A) For wages payable before January 1, 2025, $545.

����� (B) For wages payable on or after January 1, 2025, and before July 1, 2025, $655.

����� (C) For wages payable on or after July 1, 2025, and before July 1, 2026, $737.

����� (D) For wages payable on or after July 1, 2026, and before July 1, 2027, $912.

����� (E) For wages payable on or after July 1, 2027, the minimum wage specified in ORS 653.025 (1), multiplied by 65.

����� (d) For any one-month period:

����� (A) For wages payable before January 1, 2025, $1,090.

����� (B) For wages payable on or after January 1, 2025, and before July 1, 2025, $1,309.

����� (C) For wages payable on or after July 1, 2025, and before July 1, 2026, $1,458.

����� (D) For wages payable on or after July 1, 2026, and before July 1, 2027, $1,792.

����� (E) For wages payable on or after July 1, 2027, the minimum wage specified in ORS 653.025 (1), multiplied by 130.

����� (e) For any other period longer than one week:

����� (A) The following amount multiplied by that fraction produced by dividing the number of days for which the earnings are paid by seven, rounded to the nearest dollar:

����� (i) For wages payable before January 1, 2025, $254.

����� (ii) For wages payable on or after January 1, 2025, and before July 1, 2025, $305.

����� (iii) For wages payable on or after July 1, 2025, and before July 1, 2026, $338.

����� (iv) For wages payable on or after July 1, 2026, and before July 1, 2027, $400.

����� (B) For wages payable on or after July 1, 2027, the minimum wage specified in ORS 653.025 (1), multiplied by 30 and multiplied again by that fraction produced by dividing the number of days for which the earnings are paid by seven. The amount calculated under this subparagraph must be rounded to the nearest dollar.

����� (3) Beginning in 2027, the State Court Administrator shall calculate the exemption amounts specified in subsection (2) of this section each year on or before July 1 and shall publish the results of the calculations on the Judicial Department website. In making the calculations, the State Court Administrator shall round to the nearest dollar. The adjusted exemption amounts become effective on July 1 of the year in which the State Court Administrator makes the calculation.

����� (4) If an individual is paid for a period shorter than one week:

����� (a) The exemption calculated under subsection (2) of this section may not exceed the following amount for any one-week period:

����� (A) For wages payable before January 1, 2025, $254.

����� (B) For wages payable on or after January 1, 2025, and before July 1, 2025, $305.

����� (C) For wages payable on or after July 1, 2025, and before July 1, 2026, $338.

����� (D) For wages payable on or after July 1, 2026, and before July 1, 2027, $400.

����� (E) For wages payable on or after July 1, 2027, the minimum wage specified in ORS 653.025 (1), multiplied by 30.

����� (b) The exemption calculated under subsection (6) of this section may not exceed $254.

����� (5) An employer shall deduct from the amount of disposable earnings determined to be nonexempt under subsections (1), (2) and (4) 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 or 419B.408 or ORS chapter 110. The employer shall make payment under a garnishment only of those amounts remaining after the deduction is made.

����� (6) If a writ of garnishment includes or is attached to a notice from a state or federal child support agency, or includes or is attached to an attestation that a debt arises out of a child support or spousal support obligation or a money award judgment that includes restitution, the individual�s disposable earnings are exempt only to the extent that payment under a garnishment would result in net disposable earnings for an individual of less than the following amounts:

����� (a) $254 for any period of one week or less;

����� (b) $509 for any two-week period;

����� (c) $545 for any half-month period;

����� (d) $1,090 for any one-month period; and

����� (e) For any other period longer than one week, $254 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.

����� (7) Subsections (1) to (6) of this section do not apply to:

����� (a) Any order of a court of bankruptcy.

����� (b) Any debt due for federal tax.

����� (8) Subsections (2) to (6) 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 (6).

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

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

����� (11) An employer may not discharge any individual because the individual has had earnings garnished. [Formerly 23.186; 2007 c.496 ��9,14; 2011 c.228 �1; 2019 c.263 �1; 2021 c.597 �41; 2024 c.100 �3]

����� 18.390 [Amended by 1961 c.151 �3; 1983 c.696 �4; repealed by 1985 c.343 �14]

(Homesteads)

����� 18.395 Homestead exemption. (1)(a) Except as provided in paragraph (b) of this subsection, a homestead is exempt from sale on execution, from the lien of every judgment and from liability in any form for the debts of the owner to the amount in value of $150,000, except as otherwise provided by law. The exemption is effective without the necessity of a claim thereof by the judgment debtor. When two or more members of a household are judgment debtors whose interests in the homestead are subject to sale on execution, the lien of a judgment or liability in any form, their combined exemptions under this section shall not exceed $300,000.

����� (b) A homestead is exempt from sale on execution, from the lien of every judgment and from liability in any form for the debts of the owner arising out of a child support or spousal support obligation or a money award judgment that includes restitution to the amount in value of $40,000, except as otherwise provided by law. The exemption is effective without the necessity of a claim thereof by the judgment debtor. When two or more members of a household are judgment debtors whose interests in the homestead are subject to sale on execution, the lien of a judgment or liability in any form, their combined exemptions under this section shall not exceed $50,000.

����� (c) To qualify for the exemption under paragraph (a) or (b) of this subsection, the homestead must be the actual abode of and occupied by the owner, or the owner�s spouse, parent or child, but the exemption shall not be impaired by:

����� (A) Temporary removal or temporary absence with the intention to reoccupy the same as a homestead;

����� (B) Removal or absence from the property; or

����� (C) The sale of the property.

����� (d)(A) The State Court Administrator shall index the amounts identified as exempt from execution under paragraph (a) of this subsection each year on or before July 1 to reflect increases or decreases in the cost of living for the previous calendar year, based on changes in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor or a successor agency. The State Court Administrator shall publish the adjusted exemption limitations on the Judicial Department website. In adjusting the amounts, the State Court Administrator shall round to the nearest $100, but shall use unrounded adjusted amounts to calculate the amounts of the exemptions during the succeeding year. The new amounts become effective on July 1 of the year in which the State Court Administrator makes the adjustment.

����� (B) The indexing described in subparagraph (A) of this paragraph does not apply to the amount of any exemption specified for a debt that arises out of a child support or spousal support obligation or a money award judgment that includes restitution.

����� (2) The exemption extends to the proceeds derived from selling the homestead in the amount that is applicable under subsection (1)(a) or (b) of this section, if the proceeds are held for a period not exceeding one year and held with the intention to procure another homestead therewith.

����� (3) The exemption period under subsection (1)(c)(B) and (C) of this section is one year from the removal, absence or sale, whichever occurs first.

����� (4) When the owner of a homestead has been granted a discharge in bankruptcy or has conveyed the homestead property, the value thereof, for the purpose of determining a leviable interest in excess of the homestead exemption, is the value on the date of the petition in bankruptcy, whether the value is determined in the bankruptcy proceedings or not, or on the date the conveyance becomes effective, whichever occurs first. However, with respect to judgments not discharged in the bankruptcy, or entered against the owner after discharge, the value on the effective date of conveyance is controlling.

����� (5) Except as provided in subsection (7) of this section, a homestead that is the actual abode of and occupied by the judgment debtor, or that is the actual abode of and occupied by a spouse, dependent parent or dependent child of the judgment debtor, may not be sold on execution to satisfy a judgment that at the time of entry does not exceed $3,000. However, such judgment remains a lien upon the real property, and the property may be sold on execution:

����� (a) At any time after the sale of the property by the judgment debtor; and

����� (b) At any time after the property is no longer the actual abode of and occupied by the judgment debtor or the spouse, dependent parent or dependent child of the judgment debtor.

����� (6) The limitation on execution sales imposed by subsection (5) of this section is not impaired by temporary removal or temporary absence with the intention to reoccupy the property as a homestead.

����� (7) The limitation on execution sales imposed by subsection (5) of this section does not apply if two or more judgments are owing to a single judgment creditor and the total amount owing to the judgment creditor, determined by adding the amount of each individual judgment as of the date the judgment was entered, is greater than $3,000.

����� (8) Upon the issuance of an order authorizing sale as required by ORS 18.904, and in conformance with subsection (5) of this section, the sheriff may proceed to sell the property. If the homestead exemption applies, the sheriff shall pay the homestead owner out of the proceeds the applicable amount under subsection (1)(a) or (b) of this section and apply the balance of the proceeds on the execution. However, the sheriff may not sell the homestead if an exemption applies unless the sum bid for the homestead exceeds the sum of the costs of the sale and the amount of the applicable exemption. If no such bid is received, the petitioner shall bear the expense of the sale.

����� (9) The homestead exemption provided by this section applies to a purchaser�s interest under a land sale contract, as defined by ORS 18.960.

����� (10) The homestead exemption provided by this section applies to:

����� (a) A floating home, as defined by ORS 830.700; and

����� (b) A manufactured dwelling, as defined by ORS 446.003. [Formerly 23.240; 2005 c.456 �2; 2005 c.542 �57; 2009 c.612 �2; 2024 c.100 �4]

����� 18.398 Denial of homestead exemption when judgment is for child support. (1) It is the policy of this state:

����� (a) To afford protection to the debtor and the debtor�s family homestead through the homestead exemption;

����� (b) To maintain dependent children from the financial resources of both parents of those children;

����� (c) That the homestead exemption should not be permitted to serve as a shield for a debtor�s evasion of child support obligations;

����� (d) That the burden for that support should not be shifted in all cases to the present family of the debtor through the sale of the family residence; and

����� (e) That to accommodate these policies, the court should have the discretion to decline to allow all or part of a claimed homestead exemption in cases involving child support as provided in this section.

����� (2) Notwithstanding ORS 18.395 to 18.422, a court in its discretion may decline to allow a homestead exemption in whole or part in any proceeding under ORS 18.912 if the proceeding is based on a judgment for child support that arises out of an order or judgment under ORS 24.115, 25.501 to 25.556, 107.095, 107.105,