(1)“Account” means an account at a financial institution, including a master account or subaccount, to which an electronic payment may be directly routed.
(2)“Check” has the meaning given that term in ORS 73.0104 (Negotiable instrument).
(3)“Creditor” means a person to whom a debt is owed by a debtor.
(4)“Debt” means any monetary obligation for which a garnishment may be issued under ORS 18.605 (Debts subject to garnishment).
(5)“Debtor” means a person whose property is being garnished for the purpose of paying a debt owed to a creditor.
(6)“Federal benefit payment” means:
(a)A benefit payment from the United States Social Security Administration that is protected under 42 U.S.C. 407 and 1383(d)(1);
(b)A benefit payment from the United States Department of Veterans Affairs that is protected under 38 U.S.C. 5301(a);
(c)A benefit payment from the Railroad Retirement Board that is protected under 45 U.S.C. 231m(a) and 352(e); or
(d)A benefit payment from the United States Office of Personnel Management that is protected under 5 U.S.C. 8346 and 8470.
(7)“Financial institution” means a financial institution or trust company as those terms are defined in ORS 706.008 (Additional definitions for Bank Act).
(8)“Garnishable property” means all property described in ORS 18.615 (Garnishable property generally), but does not include:
(a)Any property that is not subject to garnishment under ORS 18.618 (Property not subject to garnishment); and
(b)Any property that is applied as a setoff under ORS 18.620 (Setoff for certain amounts payable to underlying lienholders) or 18.795 (Setoff for amounts owing to financial institution).
(9)“Garnishee” means a person to whom a writ of garnishment has been delivered.
(10)“Garnishment account review” means the process of examining deposits to an account to determine whether benefit payments described in ORS 18.784 (Certain financial institution deposits not subject to garnishment) (3) have been deposited in the account during the lookback period.
(a)The creditor, if the writ is issued by the court administrator on behalf of the creditor under ORS 18.635 (Who may issue writs) (2); or
(b)The issuer, if the writ is issued under ORS 18.635 (Who may issue writs) by any person other than the court administrator.
(12)“Past due support” means the amount of child or spousal support, or both, determined under a court or administrative order in a proceeding under ORS 25.501 (Definitions for ORS 25.501 to 25.556) to 25.556 (Expeditious court hearings) 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 (High-volume automated administrative enforcement services).
(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]
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)