ORS 18.838
Instructions to garnishee form
(a)
The writ is delivered to you within two business days before the Debtor’s normal payday for the pay period;(b)
When the writ is delivered to you, the Debtor’s wages are paid by direct deposit to a financial institution, or you use an independent contractor as payroll administrator for your payroll; and(c)
Before the writ was delivered to you, you issued instructions to the financial institution or the payroll administrator to pay the Debtor for the pay period.(a)
You must make a payment to the Garnishor of all wages subject to garnishment at the time you next pay wages to the Debtor. Complete the wage exemption computation, using the Wage Exemption Calculation form, to determine the portion of the Debtor’s wages that is subject to garnishment. Be sure to adjust the minimum exemption amount for any payment that covers less than a full pay period. You must include a copy of the Wage Exemption Calculation form with this first payment.(b)
Unless the writ of garnishment is satisfied or released, during the 90-day period following the date you received the writ, you must pay to the Garnishor all wages that are determined to be subject to garnishment whenever you issue a paycheck to the Debtor. If the Debtor is paid on a weekly basis, you must make payment under the writ on a weekly basis. If the Debtor is paid on a monthly basis, you must make payment under the writ on a monthly basis. If the amount paid to the Debtor varies from paycheck to paycheck, or changes at any time from the amount being paid at the time the writ was delivered to you, you must perform a new wage exemption computation to determine the amount of wages subject to garnishment under the writ. You must send a copy of the new Wage Exemption Calculation form with your payment to the Garnishor.(c)
Upon the expiration of the 90-day period, you must make a final payment to the Garnishor for all wages that were owing to the Debtor for the work performed by the Debtor through the 90th day following your receipt of the writ. This payment may be made at the time of the Debtor’s next paycheck. You will need to complete another Wage Exemption Calculation form to determine the amount of the wages subject to garnishment.(a)
Send the original of your Garnishee Response to the Garnishor at the address indicated on the writ under Important Addresses.(b)
Send a copy of your Garnishee Response to the court administrator at the address indicated on the writ under Important Addresses.(c)
Send a copy of your Garnishee Response to the Debtor if an address is indicated on the writ under Important Addresses.(a)
Send the original of your Garnishee Response to the Garnishor at the address indicated on the writ under Important Addresses.(b)
Send a copy of your Garnishee Response to the Debtor if an address is indicated on the writ under Important Addresses.(a)
Bankruptcy. If you make your response and then discover that a voluntary or involuntary bankruptcy petition has been filed by or on behalf of the Debtor after the judgment was entered against the Debtor or after the debt otherwise became subject to garnishment (see date in writ), you may not make any further payments or delivery of property under the writ unless the court orders otherwise. If you have not delivered all property that is subject to garnishment under this writ when you discover that a bankruptcy petition has been filed, you must mail the following notice to the Garnishor and to the Debtor.(b)
Order to withhold income. If you make your response and then receive an order to withhold income that has priority over the writ, you may make payments or deliver property under the writ only after payment of the amounts required under the order to withhold income. If you have not delivered all property that is subject to garnishment under this writ when you receive an order to withhold income that has priority, you must mail the following notice to the Garnishor and to the Debtor.(a)
Federal benefit payments as defined in ORS 18.600 (Definitions) (payments from the United States Social Security Administration, the United States Department of Veterans Affairs, the United States Office of Personnel Management or the Railroad Retirement Board);(b)
Payments from a public or private retirement plan as defined in ORS 18.358 (Certain retirement plans exempt from execution);(c)
Public assistance or medical assistance, as defined in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414), payments from the State of Oregon or an agency of the State of Oregon;(d)
Unemployment compensation payments from the State of Oregon or an agency of the State of Oregon;(e)
Black lung benefits payments from the United States Department of Labor; and(f)
Workers’ compensation payments from a workers’ compensation carrier.[2001 c.249 §62; 2003 c.85 §19; 2003 c.576 §76; 2003 c.779 §4; 2007 c.496 §3; 2009 c.430 §9; 2009 c.529 §2; 2011 c.733 §8; 2013 c.688 §5]
Source:
Section 18.838 — Instructions to garnishee form, https://www.oregonlegislature.gov/bills_laws/ors/ors018.html
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