GARNISHMENT / §41.3
III.
(§40.3)
See generally REAL PROPERTY; 2 TORTS chs 22, 31 (Oregon CLE 1992 & Supp 2000); CONTRACT LAW IN OREGON ch 6 (Oregon CLE 1991 & Supp 1999). GARNISHMENT
I.
II.
III.
(§41.1) A.
A writ of garnishment issued by a court clerk or a plaintiff’s attorney must be delivered to the garnishee within 60 days after issuance to effect a valid attachment of property or debt. ORS 18.609(1).
B.
Some writs act as a continuing lien. Except as noted in C. below, a plaintiff may garnish all the defendant’s nonexempt wages during the period commencing with the date the writ is delivered and ending on the earlier of 90 days after the date the writ is delivered or the date the garnishment is released or satisfied in full. ORS 18.625(2).
D.
If the plaintiff is a county or county agency, a writ served on an employer is a continuing garnishment until the debt is paid in full or the writ is released. ORS 18.625(3). (For state agency, see ORS 18.902.)
(§41.2)
Response Required
A.
Within seven calendar days of the day the writ is delivered to the garnishee, the garnishee must prepare and deliver a garnishee response in the form and manner provided in ORS 18.835 and ORS 18.690. ORS 18.680(2). If the seventh calendar day after delivery of a writ of garnishment is a Saturday, Sunday, or legal holiday, a garnishee response must be delivered by the garnishee on or before the next following day that is not a Saturday, Sunday, or legal holiday. ORS 18.680(3).
B.
The sheriff will direct the garnishee to deliver the defendant’s property only if the sheriff receives from the garnishor a written request for sale of the property and the fees within 20 days after the garnishee delivers the garnishee response. ORS 18.755(1). The sheriff must conduct the sale of property within 15 days after notice is sent to the garnishee to hold property or after the property is delivered to the sheriff. ORS 18.758.
C.
The garnishor must return any funds exceeding the amount owing on the debt within 10 days of receiving payment. ORS 18.745.
(§41.3) A.
82
Delivery and Duration of Writ
Delivery of Property
If the sheriff fails to give the garnishee notice to either hold or deliver property to the sheriff within 30 days of delivery of the garnishee response, the lien of garnishment becomes ineffective. ORS 18.752(2).