Writs issued by Division of Child Support or district attorney; rules
(1)The administrator, as defined in ORS 25.010 (Definitions for support enforcement laws), may issue writs of garnishment for the collection of past due support in the manner provided by this section. Except as otherwise specifically provided in ORS 18.600 (Definitions) to 18.850 (Challenge to garnishment form), the provisions of ORS 18.600 (Definitions) to 18.850 (Challenge to garnishment form) apply to all writs issued under this section.
(2)Notwithstanding ORS 18.607 (Form of writ), a writ of garnishment issued under this section need not contain the name of the court whose authority is invoked.
(3)A single writ of garnishment may be issued under this section for two or more judgments for past due support owed by the same judgment debtor. A separate debt calculation form for each of the judgments must be prepared as provided by ORS 18.832 (Debt calculation form). The writ must reflect the captions of all cases for which the writ is issued. The writ also must reflect, as the amount subject to garnishment under the writ, the sum of the amounts due under all of the judgments subject to the writ. Notwithstanding ORS 18.700 (Manner of making challenge to garnishment) (2), the debtor may file a challenge to a writ issued under this subsection with the court administrator for any court in which one of the judgments subject to the writ was entered. Upon receipt of a notice of a challenge to a garnishment under this subsection, the issuer of the writ shall file with the court administrator a response to the challenge, attaching copies of the writ and garnishee response, copies of all judgments for which the writ is issued and the debt calculation forms for those judgments, and any supporting documentation necessary or helpful to the court in making a determination on the challenge. The Department of Justice shall adopt rules governing the distribution to judgment creditors of amounts received by the administrator under a writ issued under this subsection.
(4)Notwithstanding ORS 18.690 (Delivery of garnishee response), a garnishee who receives a writ of garnishment issued under this section need not deliver a copy of the garnishee response to the court administrator.
(5)Notwithstanding ORS 18.730 (Payment of money under writ), payments under a writ issued under this section must be delivered to the Department of Justice.
(6)Notwithstanding ORS 18.730 (Payment of money under writ), the Department of Justice must hold any payments received from the garnishee under a writ issued pursuant to this section:
(a)For a period of 120 days after delivery of the writ, if the garnishee is making a payment of wages.
(b)For a period of 30 days after delivery of the writ, if the garnishee is making a payment other than wages.
(7)When issuing writs under this section, the Administrator of the Division of Child Support of the Department of Justice shall modify the forms provided in ORS 18.600 (Definitions) to 18.850 (Challenge to garnishment form) to reflect the provisions of this section. [2001 c.249 §15; 2003 c.85 §4; 2003 c.373 §1; 2003 c.576 §53a]
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)