Notice of exemptions form
- instructions for challenge to garnishment
(1)Wages or a salary as described in ORS 18.375 (Definitions) and 18.385 (Wage exemption). Whichever of the following amounts is greater:
(a)75 percent of your take-home wages; or
(b)$254 per workweek.
(2)Social Security benefits.
(3)Supplemental Security Income (SSI).
(4)Public assistance (welfare).
(6)Disability benefits (other than SSI benefits).
(7)Workers’ compensation benefits.
(8)All Social Security benefits and Supplemental Security Income benefits, and up to $7,500 in exempt wages, retirement benefits, welfare, unemployment benefits and disability benefits, that are held in a bank account. You may attach copies of bank statements to the Challenge to Garnishment form if you claim this exemption.
(9)Spousal support, child support or separate maintenance to the extent reasonably necessary for your support or the support of any of your dependents.
(10)A homestead (house, manufactured dwelling or floating home) occupied by you, or occupied by your spouse, parent or child. Up to $40,000 of the value of the homestead is exempt. If you jointly own the homestead with another person who is also liable on the debt, up to $50,000 of the value of the homestead is exempt.
(11)Proceeds from the sale of a homestead described in item 10, up to the limits described in item 10, if you hold the proceeds for less than one year and intend to use those proceeds to procure another homestead.
(12)Household goods, furniture, radios, a television set and utensils with a combined value not to exceed $3,000.
(17)Domestic animals and poultry for family use with a combined value not to exceed $1,000 and their food for 60 days.
(18)Provisions and fuel for your family for 60 days.
(19)One rifle or shotgun and one pistol. The combined value of all firearms claimed as exempt may not exceed $1,000.
(20)Public or private pensions.
(21)Veterans’ benefits and loans.
(22)Medical assistance benefits.
(23)Health insurance proceeds and disability proceeds of life insurance policies.
(24)Cash surrender value of life insurance policies not payable to your estate.
(26)Other annuities to $250 per month (excess over $250 per month is subject to the same exemption as wages).
(27)Professionally prescribed health aids for you or any of your dependents.
(29)Your right to receive, or property traceable to:
(a)An award under any crime victim reparation law.
(b)A payment or payments, not exceeding a total of $10,000, on account of personal bodily injury suffered by you or an individual of whom you are a dependent.
(c)A payment in compensation of loss of future earnings of you or an individual of whom you are or were a dependent, to the extent reasonably necessary for your support and the support of any of your dependents.
(30)Amounts paid to you as an earned income tax credit under federal tax law.
(31)Your right to the assets held in, or right to receive payments under, a medical savings account or health savings account authorized under section 220 or 223 of the Internal Revenue Code.
(33)Equitable interests in property.
(34)Security deposits or prepaid rent held by a residential landlord under ORS 90.300 (Security deposits).
(35)If the amount shown as owing on the Debt Calculation form exceeds the amount you actually owe to the creditor, the difference between the amount owed and the amount shown on the Debt Calculation form.
(1)Fill out the Challenge to Garnishment form that you received with this notice.
(2)Mail or deliver the Challenge to Garnishment form to the court administrator at the address shown on the writ of garnishment, and mail or deliver a copy of the form to the Garnishor at the address shown on the writ of garnishment. If you wish to claim wages or salary as exempt, you must mail or deliver the form within 120 days after you receive this notice. If you wish to claim that any other money or property is exempt, or claim that the property is not subject to garnishment, you must mail or deliver the form within 30 days after you receive this notice. You have the burden of showing that your challenge is made on time, so you should keep records showing when the challenge was mailed or delivered.
(3)The law only requires that the Garnishor hold the garnished money or property for 10 days before applying it to the Creditor’s use. You may be able to keep the property from being used by the Creditor by promptly following (1) and (2) above.
(1)To claim such exemptions from garnishment as are permitted by law.
(2)To assert that property is not garnishable property under ORS 18.618 (Property not subject to garnishment).
(3)To assert that the amount specified in the writ of garnishment as being subject to garnishment is greater than the total amount owed.
[2001 c.249 §64; 2001 c.538 §2a; 2003 c.79 §2; 2003 c.85 §21; 2003 c.576 §77; 2005 c.391 §2; 2005 c.456 §6; 2005 c.568 §25b; 2007 c.71 §6; 2007 c.496 §§11,16; 2009 c.430 §10; 2009 c.612 §6; 2011 c.93 §2; 2011 c.228 §3; 2011 c.317 §6; 2013 c.597 §2; 2015 c.348 §24; 2019 c.263 §3]
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)