(2) The provisions of this section apply only to payments described in subsection (3) of this section that are deposited during the lookback period that ends on the day before the day on which the garnishment account review is conducted and begins on:
(a) The day in the second calendar month preceding the month in which the garnishment account review is conducted, that has the same number as the day on which the period ends; or
(b) If there is no day as described in paragraph (a) of this subsection, the last day of the second calendar month preceding the month in which the garnishment account review is conducted.
(3) The provisions of this section apply only to:
(a) Federal benefit payments;
(b) Payments from a public or private retirement plan as defined in ORS 18.358;
(c) Public assistance or medical assistance, as defined in ORS 414.025, 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.
(4) The provisions of this section apply only to a payment that a financial institution can identify as being one of the types of payments described in subsection (3) of this section from information transmitted to the financial institution by the payor.
(5) A financial institution shall perform a garnishment account review only one time for a specific garnishment. If the same garnishment is served on a financial institution more than once, the financial institution may not perform a garnishment account review or take any other action relating to the garnishment based on the second and subsequent service of the garnishment.
(6) A financial institution may not conduct a garnishment account review under this section if a Notice of Right to Garnish Federal Benefits from the United States Government or from a state child support enforcement agency is attached to or included in the garnishment as provided in 31 C.F.R. part 212. If a Notice of Right to Garnish Federal Benefits is attached to or included in the garnishment, the financial institution shall proceed on the garnishment as otherwise provided in ORS 18.600 to 18.850.
(7) The provisions of this section do not affect the ability of a debtor to claim any exemption that otherwise may be available to the debtor under law for any amounts in an account in a financial institution. [Formerly 18.619; 2013 c.688 §4; 2020 s.s.1 c.12 §§3,4]
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.