Judgments

ORS 18.375
Definitions


As used in this section and ORS 18.385 (Wage exemption):

(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 (Applicability) to 25.427 (Rules), 419B.408 (Enforcement of support order) or 419C.600 (Enforcement) or ORS chapter 110. [Formerly 23.175]

(formerly 23.175)

Notes of Decisions

Workers' Compensation benefits exemption from garnishment includes exemption from garnishment for enforcement of child support obligations. Satterfield v. Satterfield, 292 Or 780, 643 P2d 336 (1982)

As used in definition of "earnings," "retirement program" has same meaning given to "retirement plan" under [former] ORS 23.170. Hobson v. Hobson, 136 Or App 516, 901 P2d 914 (1995)

Atty. Gen. Opinions

Computation of amount subject to garnishment where employe's wages subject both to court-ordered wage assignment for child or spousal support and to wage garnishment, (1979) Vol 39, p 457

Law Review Citations

40 WLR 1 (2004)

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