or ORS chapter 107, 108, 109, 110, 419B or 419C that has not been paid

25.556 or ORS chapter 107, 108, 109, 110, 419B or 419C that has not been paid or is certified to be owed by another state under ORS 25.083.

����� (13) �Wages� includes all amounts paid for the services of an employee by an employer, including amounts paid as a commission or bonus.

����� (14) �Writ� means a writ of garnishment. [2001 c.249 �1; 2003 c.85 �2; 2003 c.576 �47; 2005 c.542 �62; 2011 c.733 �1; 2019 c.13 �4; 2024 c.100 �7]

(Garnishment Generally)

����� 18.602 Garnishment described. For the purposes of ORS 18.600 to 18.850, garnishment is the procedure by which a creditor invokes the authority of a circuit court, justice court or municipal court to acquire garnishable property of a debtor that is in the possession, control or custody of a person other than the debtor. [2001 c.249 �2]

����� 18.605 Debts subject to garnishment; when writ may be issued on debt. (1) Garnishment may be used to acquire garnishable property for application against the following debts:

����� (a) A judgment requiring the payment of money that has been entered in the register of a circuit court or docketed in the docket of a justice, county or municipal court.

����� (b) If the writ of garnishment is issued pursuant to provisional process under ORCP 83 and 84, a claim of one party against another party in a civil action.

����� (c) Support arrearage shown on the support records of the Department of Justice pursuant to ORS 25.020 and 25.167, even though such records may not constitute a full record of the support arrearage owed.

����� (d) Monetary obligations imposed under agency orders or warrants recorded pursuant to law in the County Clerk Lien Record.

����� (2) For the purposes of ORS 18.600 to 18.850:

����� (a) A writ may be issued for a monetary obligation based on a judgment other than a judgment for support after the judgment is entered in the register of a circuit court or after the judgment is docketed in the docket of a justice, county or municipal court.

����� (b) A writ may be issued for a monetary obligation based on a judgment for support after the underlying judgment, court order or administrative order that creates the support obligation is entered in the register of the court or after a request for administrative enforcement services is received under ORS 25.083.

����� (c) A writ may be issued pursuant to provisional process under ORCP 83 and 84 after the court order for provisional process is entered in the docket or register of the court.

����� (d) A writ may be issued for a monetary obligation based on an agency order or warrant after the order or warrant is recorded in the County Clerk Lien Record. [2001 c.249 �3; 2003 c.576 �176]

����� 18.607 Form of writ; single writ for two or more debtors. (1) Except as otherwise provided by law, a writ of garnishment must be in substantially the form provided by ORS 18.830. Notation on the writ of additional information for purposes of identifying the debtor or the garnishable property believed to be held by the garnishee does not affect the validity or operation of the writ. A debt calculation form, in substantially the form provided by ORS 18.832, must be prepared for each writ of garnishment issued.

����� (2) A writ of garnishment must contain all of the following information:

����� (a) The name of the court whose authority is invoked.

����� (b) The names of the creditor and debtor.

����� (c) The name of the garnishor.

����� (d) The date on which judgment was entered against the debtor or the debt otherwise became subject to garnishment under ORS 18.605.

����� (e) The debtor�s employer identification number, or the final four digits of the debtor�s Social Security number, if those numbers are known by the garnishor.

����� (f) The amount subject to garnishment under the writ, as determined by completing the debt calculation form provided in ORS 18.832.

����� (g) The date on which the writ is issued.

����� (h) All addresses required in the writ of garnishment form provided by ORS 18.830.

����� (3) If a writ of garnishment is issued by the court administrator, the creditor must sign the certification in the writ indicating that the creditor has read the writ and that to the best of the knowledge, information and belief of the creditor there is good ground to support issuance of the writ and the amount indicated in the writ as subject to garnishment.

����� (4) If a writ is issued by any person other than the court administrator, the person issuing the writ must sign the certification described in subsection (3) of this section.

����� (5) A single writ may be issued for two or more debtors if those debtors are jointly liable on all or part of the debt. [2001 c.249 �4; 2003 c.85 �3; 2003 c.576 �48; 2009 c.230 �3]

����� 18.609 Validity of writ after issuance. (1) A writ of garnishment is valid only if the writ is delivered not more than 60 days after the writ is issued. If the writ is delivered within the time specified in this section, the writ acts to garnish property for the period of time specified by ORS 18.625.

����� (2) If the court administrator is issuing a writ of garnishment, the date of issuance for the writ is the date the court administrator stamps and signs the writ. If the writ is issued by any other person, the date of issuance for the writ is the date on which the issuer signs the certification described in ORS 18.607 (4). [2001 c.249 �5; 2003 c.576 �49]

����� 18.610 Court with authority over writ. (1) Only the following courts have authority over a writ of garnishment issued for the enforcement of a judgment:

����� (a) The court in which the judgment to be enforced was originally entered or first registered;

����� (b) The circuit court for the county in which a judgment debtor resides if the requirements of ORS 18.255 have been met; and

����� (c) The circuit court for the county in which a debtor has filed a challenge to the garnishment under ORS 18.718.

����� (2) Only the following courts have authority over a writ of garnishment issued for the enforcement of an agency order or warrant:

����� (a) The circuit court for the county in which the order or warrant was first recorded; and

����� (b) The circuit court for the county in which the debtor resides if the order or warrant has also been recorded in that county.

����� (3) The circuit court for the county in which the order for provisional process is entered has sole authority for issuance of a writ of garnishment issued pursuant to an order for provisional process. [2001 c.249 �6; 2003 c.576 �572]

(Garnishable Property)

����� 18.615 Garnishable property generally. Except as specifically provided in ORS 18.600 to 18.850, a writ of garnishment delivered to a garnishee garnishes all personal property of the debtor, including but not limited to property in safe deposit boxes, stocks, wages, monetary obligations owing to the debtor that are then in existence whether due or to become due, property held on expired and unexpired bailments and leases, and property held by the garnishee pursuant to a security interest granted by the debtor to the garnishee. A writ of garnishment acts to garnish all property of the debtor possessed by the garnishee, all property of the debtor over which the garnishee has control and all property of the debtor that is in the custody of the garnishee. If a person other than the debtor has an interest in the garnished property, the writ of garnishment acts only to garnish the interest of the debtor in the property. [2001 c.249 �7]

����� 18.618 Property not subject to garnishment. (1)(a) Notwithstanding ORS 18.615, the following are not garnishable property:

����� (A) Equitable interests, except to the extent allowed under ORS chapter 130.

����� (B) Property in the custody of the law.

����� (C) Property in the possession of a conservator.

����� (D) Property in the possession of a personal representative that constitutes the subject matter of a trust contained in a duly probated will of a decedent.

����� (E) If a residential landlord is the garnishee, property in the possession of a residential landlord that is held as a security deposit or prepaid rent under ORS 90.300.

����� (F) The right of a seller under a land sale contract, as defined by ORS 18.960, to receive payments that are due more than 45 days after the writ of garnishment is delivered.

����� (G) Amounts in an account in a financial institution that are not subject to garnishment under ORS 18.785.

����� (H) An identification document, such as a driver license, passport, certified copy of a record of live birth or Social Security card.

����� (b) If a garnishee holds any property described in paragraph (a) of this subsection, the garnishee must note in the garnishee response required by ORS 18.680 that the garnishee holds the property, but may not deliver the property to the garnishor.

����� (2)(a) Notwithstanding ORS 18.615, wages owing by a garnishee to a debtor for a specific pay period are not garnishable property if:

����� (A) The writ is delivered within two business days before the debtor�s normal payday for the pay period;

����� (B) When the writ is delivered to the garnishee, the debtor�s wages are paid by direct deposit to a financial institution, or the garnishee uses the Oregon Department of Administrative Services or an independent contractor as defined in ORS 670.600 as payroll administrator for the garnishee�s payroll; and

����� (C) Before the writ is delivered to the garnishee, the garnishee issued instructions to the financial institution or the payroll administrator to pay the debtor for the pay period.

����� (b) If a garnishee owes any wages as described in paragraph (a) of this subsection, the garnishee must so note in the garnishee response required by ORS 18.680.

����� (3) Notwithstanding any other provision of law, if a voluntary or involuntary bankruptcy petition has been filed by or on behalf of the debtor after a writ of garnishment could be issued under ORS 18.605, the garnishment of any property of the debtor in the garnishee�s possession, control or custody is stayed pursuant to section 362 of the United States Bankruptcy Code (11 U.S.C. 101 to 1330). [2001 c.249 �8; 2005 c.348 �98a; 2005 c.391 �1; 2005 c.542 �63; 2007 c.496 �1; 2009 c.430 �3; 2011 c.195 �1; 2013 c.366 �48; 2024 c.100 �8]

����� 18.619 [2009 c.430 �2; 2011 c.733 �2; renumbered 18.784 in 2011]

����� 18.620 Setoff for certain amounts payable to underlying lienholders. (1) Notwithstanding ORS 18.615, a garnishee may apply a setoff against amounts owing to the debtor under the terms of a land sale contract, under the terms of a promissory note or other evidence of indebtedness that is secured by a mortgage or trust deed, or under the terms of a security agreement as defined in ORS 79A.1020, to the extent that those amounts are actually paid to another person:

����� (a) Who is entitled to receive the amounts under the terms of the land sale contract, mortgage, trust deed or security agreement, or under the terms of any other land sale contract, mortgage, trust deed or security agreement that is secured by the same property that is the subject of the land sale contract, mortgage, trust deed or security agreement; and

����� (b) Who has an interest in the property that is the subject of the land sale contract, mortgage, trust deed or security agreement that is superior to the interest of the creditor under the laws that would govern a foreclosure, trust deed sale, repossession or other action against the property that is the subject of the land sale contract, mortgage, trust deed or security agreement.

����� (2) A garnishee must deliver in the manner required by ORS 18.600 to 18.850 all amounts in the garnishee�s possession, control or custody at the time of delivery of the writ of garnishment that are not actually paid by the garnishee to another person as described in subsection (1) of this section, unless those amounts are exempt from execution under other law.

����� (3) A garnishee who applies a setoff under this section must disclose that the setoff has been applied, and the amount of the setoff, in the garnishee response required by ORS 18.680. The garnishee must certify in the garnishee response that the amounts specified in the certificate were actually paid by the garnishee to another person entitled to receive those amounts under subsection (1) of this section. [2001 c.249 �9; 2001 c.445 �159a]

(Duration of Writ�s Effect)

����� 18.625 Duration of writ�s effect. (1) For any property other than wages, a writ of garnishment acts to garnish only garnishable property of the debtor that is in the garnishee�s possession, control or custody at the time the writ is delivered, including money that is owed but not yet due.

����� (2) Except as provided in ORS 18.618 (2), a writ of garnishment acts to garnish all wages owed by the garnishee to the debtor at the time the writ is delivered. Except as provided in subsection (3) of this section, a writ also acts to garnish all wages earned by the debtor by reason of services to the garnishee during the period commencing with the date the writ is delivered and ending on the earlier of:

����� (a) The expiration of 90 days after the date the writ is delivered; or

����� (b) The date on which the garnishment is released or satisfied in full.

����� (3) If a writ of garnishment is issued on behalf of a county or county agency, the writ acts to garnish all wages earned by the debtor by reason of services to the garnishee until the full amount owed to the county or county agency is paid or until the writ of garnishment is released by the county or county agency or by a court order. A writ of garnishment issued on behalf of a county or county agency shall contain language reasonably designed to notify the garnishee of the provisions of this subsection. [2001 c.249 �10; 2007 c.496 �2]

����� 18.627 Multiple writs. (1) Except as otherwise provided by law, the first writ of garnishment delivered to a garnishee has priority over all other writs delivered to the garnishee for the same debtor. A garnishee shall make payments or deliver property under a subsequently delivered writ only if there is garnishable property of the debtor remaining in the garnishee�s possession, control or custody after complying with the first writ delivered to the garnishee.

����� (2) If a debtor earns wages from a garnishee during the period that a writ of garnishment is in effect under ORS 18.625, the garnishee shall make payments under the first writ delivered to the garnishee until the expiration of the period of time specified in ORS 18.625, and shall thereafter make payments on subsequently delivered writs in the order in which they were delivered to the garnishee as long as each writ continues to be effective under ORS 18.625. Any delay in payment under a writ by reason of this subsection does not affect the expiration of the writ�s effect at the time specified in ORS 18.625. If the first writ does not garnish all wages of the debtor that are not exempt from execution, the garnishee shall make concurrent payment on a subsequently delivered writ of the balance of the wages that are not exempt from execution.

����� (3) If a garnishee pays wages to a debtor and the garnishee receives another writ of garnishment during the period that a writ is in effect under ORS 18.625, the garnishee shall note those facts on the garnishee response and indicate the date on which the previous writ will expire.

����� (4) A subsequent writ of garnishment issued on behalf of the same creditor against the same debtor and delivered to the same garnishee during the period that a previous writ is effective under ORS 18.625 acts only to garnish property of the debtor other than wages. [2001 c.249 �11]

(Persons Authorized to Issue Writs)

����� 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 and 18.640 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 or