(a) Books, pictures and musical instruments to the value of $600.
(b) Wearing apparel, jewelry and other personal items to the value of $1,800.
(c) The tools, implements, apparatus, team, harness or library, necessary to enable the judgment debtor to carry on the trade, occupation or profession by which the judgment debtor habitually earns a living, to the value of $5,000.
(d) A vehicle to the value of $3,000. As used in this paragraph "vehicle" includes an automobile, truck, trailer, truck and trailer or other motor vehicle.
(e) Domestic animals and poultry kept for family use, to the total value of $1,000 and food sufficient to support such animals and poultry for 60 days.
(f) Household goods, furniture, radios, a television set and utensils all to the total value of $3,000, if the judgment debtor holds the property primarily for the personal, family or household use of the judgment debtor; provisions actually provided for family use and necessary for the support of a householder and family for 60 days and also 60 days’ supply of fuel.
(g) All property of the state or any county or incorporated city therein, or of any other public or municipal corporation of like character.
(h) All professionally prescribed health aids for the debtor or a dependent of the debtor.
(i) Spousal support, child support, or separate maintenance to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.
(j) The debtor’s right to receive, or property that is traceable to, an award under any crime victim reparation law.
(k) The debtor’s right to receive, or property that is traceable to, a payment or payments, not to exceed a total of $10,000, on account of personal bodily injury of the debtor or an individual of whom the debtor is a dependent.
(L) The debtor’s right to receive, or property that is traceable to, a payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.
(m) Veterans’ benefits and loans.
(n) The debtor’s right to receive an earned income tax credit under the federal tax laws and any moneys that are traceable to a payment of an earned income tax credit under the federal tax laws.
(o) The debtor’s 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.
(p) The debtor’s interest, not to exceed $400 in value, in any personal property. However, this exemption may not be used to increase the amount of any other exemption.
(2) If the property claimed by the judgment debtor as exempt is adjudicated by the court out of which the execution issued to be of a value in excess of that allowed by the appropriate paragraph of subsection (1) of this section, the officer seizing the property shall proceed to sell such property. Out of the proceeds of such sale, the officer shall deduct costs of sale and shall pay to the judgment debtor an amount equivalent to the value declared to be exempt by any of the paragraphs of subsection (1) of this section and shall apply the balance of the proceeds of sale on the execution. A sale may not be made under such execution unless the highest bid made exceeds the appropriate exemption claimed and allowed plus costs of sale. If no bid is received in excess of the value allowed by the appropriate paragraph of subsection (1) of this section, the costs of sale shall be borne by the judgment creditor.
(3) If two or more members of a household are joint judgment debtors, each judgment debtor shall be entitled to claim the exemptions in subsection (1)(a), (b), (c), (d) and (p) of this section in the same or different properties. The exemptions provided by subsection (1)(a), (b), (c), (d), (j), (k) and (p) of this section, when claimed for jointly owned property, may be combined at the option of the debtors.
(4) Notwithstanding any other provision of law except ORS 657.855, if a writ of garnishment or other execution is issued to collect past due support as defined in ORS 18.600, 50 percent of unemployment compensation benefits, workers’ compensation benefits and other benefits paid to the debtor by the United States, by the state or by a political subdivision of the state are exempt. The exemption related to unemployment compensation benefits provided by this subsection is subject to ORS 657.855. The exemption provided by this subsection applies without regard to whether the payment is made on a periodic basis or in a lump sum, including any lump sum payable pursuant to a settlement or judgment. Notwithstanding subsection (1)(k) of this section, if a payment is made under a settlement or judgment on account of personal bodily injury and the garnishment or other execution is issued to collect past due support as defined in ORS 18.600, the lesser of 50 percent of the payment or $7,500 is exempt. [Formerly 23.160; 2005 c.456 §1; 2009 c.612 §1; 2011 c.93 §1; 2011 c.317 §4; 2013 c.597 §1]
Structure 2021 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Section 18.015 - Statutory references to decrees and judgments.
Section 18.028 - Authority of Chief Justice.
Section 18.029 - Effect of chapter on use of judgment.
Section 18.035 - Preparation of judgment document.
Section 18.038 - Form of judgment document generally.
Section 18.042 - Judgment in civil action that includes money award.
Section 18.048 - Judgment in criminal action that contains money award.
Section 18.052 - Duty of judge with respect to form of judgment document.
Section 18.058 - Duty of court administrator with respect to form of judgment document.
Section 18.075 - Entry of judgments in circuit courts generally.
Section 18.078 - Notice of entry of judgment in circuit court civil action.
Section 18.082 - Effect of entry of judgment.
Section 18.107 - Corrections to civil judgments.
Section 18.112 - Correction of designation of judgment as general judgment.
Section 18.150 - Judgment liens in circuit courts.
Section 18.152 - Establishing judgment liens in other counties.
Section 18.165 - Priority of judgment lien over unrecorded conveyance.
Section 18.170 - Form for lien record abstract; rules.
Section 18.180 - Expiration of judgment remedies in circuit court.
Section 18.182 - Extension of judgment remedies.
Section 18.185 - Extension of judgment lien of spousal support award.
Section 18.190 - Spousal support awards in judgments entered before January 1, 2004.
Section 18.200 - Release of lien.
Section 18.202 - Reinstatement of lien.
Section 18.205 - Assignment of judgment.
Section 18.225 - Satisfaction of money awards generally.
Section 18.228 - Satisfaction of support awards payable to Department of Justice.
Section 18.235 - Motion to satisfy money award.
Section 18.238 - Proceedings after discharge in bankruptcy.
Section 18.242 - Contribution among judgment debtors; subrogation of surety.
Section 18.245 - Jurisdictional requirements.
Section 18.255 - Enforcement of judgment by circuit court for county where debtor resides.
Section 18.265 - Debtor examination.
Section 18.268 - Conduct of debtor examination; seizure of property.
Section 18.270 - Written interrogatories.
Section 18.300 - Resident entitled to use federal exemptions or state exemptions in bankruptcy.
Section 18.312 - Execution not to issue against property of deceased party; exception.
Section 18.345 - Exempt personal property generally.
Section 18.348 - Certain funds exempt when deposited in account; limitation.
Section 18.358 - Certain retirement plans exempt from execution; exceptions.
Section 18.385 - Wage exemption.
Section 18.395 - Homestead exemption.
Section 18.398 - Denial of homestead exemption when judgment is for child support.
Section 18.412 - Notice of intent to discharge judgment lien against homestead.
Section 18.415 - Objections to discharge; hearing.
Section 18.422 - Release of judgment lien.
Section 18.605 - Debts subject to garnishment; when writ may be issued on debt.
Section 18.607 - Form of writ; single writ for two or more debtors.
Section 18.609 - Validity of writ after issuance.
Section 18.610 - Court with authority over writ.
Section 18.618 - Property not subject to garnishment.
Section 18.620 - Setoff for certain amounts payable to underlying lienholders.
Section 18.625 - Duration of writ’s effect.
Section 18.627 - Multiple writs.
Section 18.635 - Who may issue writs.
Section 18.638 - Writs issued by court administrators generally.
Section 18.640 - Grounds for denying issuance of writ.
Section 18.645 - Writs issued by Division of Child Support or district attorney; rules.
Section 18.650 - Items required to be delivered to garnishee.
Section 18.652 - Manner of delivery; delivery fee.
Section 18.655 - Proper person to receive writ.
Section 18.658 - Documents to be delivered to debtor.
Section 18.665 - Duties generally.
Section 18.668 - Immunity by payment to court administrator or delivery to sheriff.
Section 18.670 - Exceptions to garnishee’s duties.
Section 18.680 - Response required; time.
Section 18.682 - When response not required.
Section 18.685 - Contents of response; manner of making payment.
Section 18.690 - Delivery of garnishee response.
Section 18.692 - Supplemental garnishee response.
Section 18.700 - Manner of making challenge to garnishment.
Section 18.702 - Notice to garnishor and garnishee of challenge to garnishment.
Section 18.705 - Duties of garnishor and creditor created by challenge to garnishment.
Section 18.708 - Duties of garnishee created by challenge to garnishment.
Section 18.710 - Hearing on challenge to garnishment.
Section 18.712 - Allowance or denial of challenge.
Section 18.718 - Special procedures for writs issued for past due support.
Section 18.730 - Payment of money under writ; garnishor’s duty to hold payments.
Section 18.732 - Money owed to debtor that is due within 45 days.
Section 18.735 - Payment of wages subject to garnishment.
Section 18.736 - Processing fee.
Section 18.738 - Acceptance or rejection of payments by court administrator.
Section 18.740 - Payments erroneously sent to court.
Section 18.742 - Crediting of payments against debt.
Section 18.750 - Application of ORS 18.750 to 18.760.
Section 18.752 - Garnishee duties.
Section 18.755 - Request for sale; sheriff’s fees.
Section 18.758 - Sheriff’s sale.
Section 18.770 - Release of garnishment.
Section 18.775 - Liability of garnishee.
Section 18.778 - Order to appear.
Section 18.780 - Pleadings; default judgment.
Section 18.785 - Duties of financial institution; notice to account holder.
Section 18.787 - Liability of financial institution.
Section 18.790 - Search fee; garnishment processing fee.
Section 18.792 - Safe deposit boxes.
Section 18.800 - Special procedures for writs issued to enforce agency orders or warrants.
Section 18.810 - Use of writ for provisional process.
Section 18.830 - Writ of garnishment form.
Section 18.832 - Debt calculation form.
Section 18.835 - Garnishee response form.
Section 18.838 - Instructions to garnishee form.
Section 18.840 - Wage exemption calculation form.
Section 18.842 - Release of garnishment form.
Section 18.845 - Notice of exemptions form; instructions for challenge to garnishment.
Section 18.847 - Notice to debtor of garnishment account review.
Section 18.850 - Challenge to garnishment form.
Section 18.854 - Notices of garnishment generally.
Section 18.855 - Notices of garnishment issued by state agencies.
Section 18.857 - Notice of garnishment issued by county tax collector.
Section 18.860 - Function of writ.
Section 18.862 - Form of writ.
Section 18.865 - Court administrator to issue writ.
Section 18.867 - Issuance of writs for certain judgments awarding child support.
Section 18.868 - Sheriff to whom writ is issued.
Section 18.872 - Return on writ of execution.
Section 18.875 - Instructions to sheriff.
Section 18.878 - Manner of levying on property.
Section 18.880 - Alternative procedure for levying on tangible personal property.
Section 18.882 - Criminal penalty for moving, using or damaging secured property.
Section 18.884 - Levying on intangible personal property.
Section 18.886 - Creditor’s bond.
Section 18.887 - Forcible entry for purpose of levying on personal property.
Section 18.888 - Notice of levy.
Section 18.892 - Challenge to writ of execution.
Section 18.896 - Challenge to execution form.
Section 18.898 - Hearing on challenge to execution.
Section 18.901 - Definition of residential property.
Section 18.904 - Order required for sale of residential property; exceptions.
Section 18.906 - Motion for order authorizing sale of residential property.
Section 18.908 - Notice of motion for order authorizing sale of residential property.
Section 18.912 - Hearing on motion for order authorizing sale of residential property.
Section 18.918 - Person entitled to written notice of sale.
Section 18.920 - Notice of sale of personal property.
Section 18.924 - Notice of sale of real property.
Section 18.926 - Legal notices website; posting fee.
Section 18.930 - Conduct of sale generally; county fee.
Section 18.932 - Postponement of sale; rules.
Section 18.936 - Bid by judgment creditor.
Section 18.938 - Manner of payment.
Section 18.940 - Bill of sale for personal property.
Section 18.942 - Sheriff’s certificate of sale for real property.
Section 18.944 - Notice of completed sale.
Section 18.946 - Possession after sale; right to rents or value of use.
Section 18.948 - Confirmation of sale of real property.
Section 18.950 - Delivery and distribution of proceeds; satisfaction document.
Section 18.962 - Property that may be redeemed.
Section 18.963 - Who may redeem.
Section 18.964 - Time for redemption.
Section 18.965 - Notice to seller before end of redemption period.
Section 18.966 - Redemption amount payable to purchaser.
Section 18.967 - Redemption amount payable to redemptioner.
Section 18.970 - Redemption notice.
Section 18.971 - Objection to redemption notice.
Section 18.972 - Response to redemption notice.
Section 18.973 - Objection to response.
Section 18.975 - Payment of redemption amount.
Section 18.978 - Court proceedings on objections.
Section 18.981 - Manner of payment.
Section 18.985 - Sheriff’s deed.
Section 18.986 - Manufactured dwellings and floating homes.
Section 18.988 - Seller’s right to receive payments under land sale contract.
Section 18.989 - Equitable interests in property.
Section 18.999 - Recovery of amounts related to attempts to recover debt or enforce judgment.