Judgments

ORS 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)

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)

$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.

(3)

If an individual is paid for a period shorter than one week, the exemption calculated under subsection (2) of this section may not exceed $254 for any one-week period.

(4)

An employer shall deduct from the amount of disposable earnings determined to be nonexempt under subsections (1) to (3) 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 (Payment of support by income withholding), 419B.408 (Enforcement of support order) or 419C.600 (Enforcement) or ORS chapter 110. The employer shall make payment under a garnishment only of those amounts remaining after the deduction is made.

(5)

Subsections (1) to (4) of this section do not apply to:

(a)

Any order of a court of bankruptcy.

(b)

Any debt due for federal tax.

(6)

Subsections (2) to (4) 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 (Notices of garnishment issued by state agencies) (6).

(7)

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

(8)

Any waiver by an individual of the provisions of this section is void.

(9)

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]

(formerly 23.186)

Notes of Decisions

Under Former Similar Statute (Ors 23.185)

Social security benefits are earnings subject to garnishment limitations where not otherwise totally exempted by [former] ORS 23.166. Hobson v. Hobson, 136 Or App 516, 901 P2d 914 (1995)

Debtor may exempt earnings from garnishment only where employer-employee relationship exists. In re Osworth, 234 B.R. 497 (9th Cir. BAP 1999)

Earnings excluded from garnishment are exempt in bankruptcy. In re Robinson, 241 B.R. 447 (9th Cir. BAP 1999); In re Platt, 270 B.R. 773 (Bkrtcy. D. Or. 2001)

Atty. Gen. Opinions

Under Former Similar Statute (Ors 23.185)

Applicability of garnishment limitation to wage assignments for child support under [former] ORS 23.777, (1978) Vol 39, p 370

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