Judgments

ORS 18.850
Challenge to garnishment form

Text
Annotations 1

A challenge to garnishment form must be in substantially the following form:

________COURT

COUNTY OF ________

______ ) CHALLENGE TO

Plaintiff, ) GARNISHMENT

)

vs. ) Case No. _____

)

______ )

Defendant. )

THIS FORM MAY BE USED BY THE DEBTOR ONLY FOR THE FOLLOWING PURPOSES:

(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.

THIS FORM MAY BE USED BY PERSONS OTHER THAN THE DEBTOR ONLY TO CLAIM AN INTEREST IN THE PROPERTY THAT IS GARNISHED.

THIS FORM MAY NOT BE USED TO CHALLENGE THE VALIDITY OF THE DEBT.

I/We claim that the following described property or money is exempt from execution or is not subject to garnishment:

I/We believe this property is exempt from or not subject to garnishment because (the Notice of Exempt Property that you received lists most types of property that you can claim as exempt from or not subject to garnishment):

I/We claim that the total amount owed is:

I am a person other than the Debtor and I have the following interest in the property:

Name______ Name ______

Signature______ Signature ______

Address______ Address ______

____________ ____________

Telephone Telephone

Number______ Number ______

(Required) (Required)

TO BE COMPLETED BY GARNISHOR:

Name of Garnishor ____________

Address of Garnishor ____________

___________________________

Name of Garnishee ____________

Address of Garnishee ____________

___________________________

[2001 c.249 §65; 2003 c.85 §22]

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)

Judgments

ORS 18.850 Challenge to garnishment form

(1)

(2)

(3)

Notes of Decisions

Source

ORS 18.850
Challenge to garnishment form