Judgments

ORS 18.345
Exempt personal property generally

(1)

All property, including franchises, or rights or interest therein, of the judgment debtor, shall be liable to an execution, except as provided in this section and in other statutes granting exemptions from execution. The following property, or rights or interest therein of the judgment debtor, except as provided in ORS 18.305 (Property not exempt from execution for purchase price), shall be 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 vehicle to the value of $3,000. As used in this paragraph “vehicle” includes an automobile, truck, trailer, truck and trailer or other motor vehicle.

(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 debtor or a dependent of the debtor.

(i)

Spousal support, child support, or separate maintenance to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.

(j)

The debtor’s right to receive, or property that is traceable to, an award under any crime victim reparation law.

(k)

The 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 debtor or an individual of whom the debtor is a dependent.

(L)

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

(m)

Veterans’ benefits and loans.

(n)

The 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 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 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.

(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 debtors.

(4)

Notwithstanding any other provision of law except ORS 657.855 (Benefits not assignable), if a writ of garnishment or other execution is issued to collect past due support as defined in ORS 18.600 (Definitions), 50 percent of unemployment compensation benefits, workers’ compensation benefits and other benefits paid to the 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 (Benefits not assignable). 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 (Definitions), 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]

(formerly 23.160)

Notes of Decisions

Employee Retirement Income Security Act does not preempt state exemption of disability benefits from garnishment. Standard Ins. Co. v. Saklad, 119 Or App 91, 849 P2d 1150 (1993), Sup Ct review denied

Where liens attached specifically to payment made on account of bodily injury and had statutory priority over disbursement to defendant, only amount defendant had right to receive after satisfaction of liens counted toward exemption limit. Valley Credit Service, Inc. v. Kelley, 165 Or App 169, 994 P2d 1229 (2000)

Automobile parts collected from different sources that have never been assembled but, if assembled, would make automobile do not constitute vehicle. In re McMillin, 441 B.R. 348 (Bkrtcy. D. Or. 2010)

Law Review Citations

50 WLR 619 (2014)

Chapter 18

Notes of Decisions

If terms used by trial court suffice to convey court's concluding decision or decisions, and if terms are set forth in document properly titled as judgment, then judgment document contains judgment. Interstate Roofing, Inc. v. Springfield Corp., 347 Or 144, 218 P3d 113 (2009)

Source

Last accessed
Jun. 26, 2021

REMOVE ADS