2021 Oregon Revised Statutes
Chapter 018 - Judgments
Section 18.840 - Wage exemption calculation form.


______________________________________________________________________________
WAGE EXEMPTION CALCULATION
(to be filled out by employers only)
1. Debtor’s gross wages
for period covered by this
payment $ ___
2. Total amount required to be
withheld by law for amount in Line 1
(Federal and state
withholding, Social
Security, etc.) $ ___
3. Debtor’s disposable wages
(Subtract Line 2
from Line 1) $ ___
4. Normal exemption
(Enter 75 percent
of Line 3) $ ___
5. Minimum exemption (check one)
__ $254 (payment of wages weekly)
__ $509 (payment of wages every two weeks)
__ $545 (payment of wages half-monthly)
__ $1,090 (payment of wages monthly)
__ $___ (Any other period longer than one week, including partial payments for less than full pay period) (Multiply $254 by number of weeks or fraction of a week)
6. Wages exempt from garnishment
(Line 4 or 5,
whichever is greater) $ ___
7. Nonexempt wages
(Subtract Line 6
from Line 3) $ ___
8. Amount withheld for this pay period
pursuant to a support order under
support withholding process or under
another writ with priority $ ___
9. Wages subject to garnishment
(Subtract Line 8
from Line 7) $ ___
INSTRUCTIONS FOR WAGE
EXEMPTION CALCULATION FORM
If you employ the Debtor named in the writ of garnishment, you must fill out and return this Wage Exemption Calculation form. A Wage Exemption Calculation form must be sent with the first payment you make under the writ. For the 90-day period during which the writ is effective, you must also fill out and return a Wage Exemption Calculation form with a subsequent payment any time the initial calculation changes. Finally, you must fill out and return a Wage Exemption Calculation form with the final payment that you make under the writ.
Normal wage exemption. The wage exemption calculation is based on the amount of the payment you make under the writ of garnishment. The normal wage exemption in Line 4 is 75 percent of the employee’s disposable wages in Line 3.
Minimum wage exemption. The minimum exemption in Line 5 is also based on the amount of the payment you are making. The minimum exemption is designed to ensure that an employee receives at least a certain minimum amount in any one-week period. If the payment is for a one-week period (without regard to whether the period is a calendar week or any other seven-day period), the minimum exemption is $254. The minimum exemption is $509 if the payment is for a two-week period. If the payment is for one-half of one month (i.e., the Debtor is paid twice each month), the minimum exemption is $545. The minimum exemption for a monthly payment is $1,090.
If the payment you are making is based on some period of time other than one week, two weeks, half month or month, and the payment is for more than one week, you must calculate the minimum exemption by multiplying $254 by the number of weeks covered by the paycheck, including any fraction of a week. You should round the amount calculated to the nearest dollar.
Example 1: You pay Debtor A every 10 days. Each 10-day period is equal to 1.429 weeks (10 divided by 7). The minimum exemption is $363 ($254 ´ 1.429 rounded to the nearest dollar).
You must use this same calculation for computing the minimum exemption when making a payment for less than a full pay period (e.g., for the final payment at the end of the 90-day period covered by the writ).
Example 2: You pay Debtor A on a monthly basis. You are required to make a final payment under a writ of garnishment for the wages owing to Debtor A for the period beginning October 1 and ending October 15. This period is equal to 2.143 weeks (15 divided by 7). The minimum exemption is $544 ($254 ´ 2.143 rounded to the nearest dollar).
The amount of time actually worked by the Debtor during the period covered by the paycheck does not affect the calculation of the minimum exemption.
Example 3: You pay Debtor A on a weekly basis. Debtor A works two days per week. The minimum exemption is $254 for each weekly payment you make for Debtor A.
If the payment you are making is based on a period of time less than one week, the minimum wage exemption may not exceed $254 for any one-week period.
If you receive more than one writ of garnishment. If you receive more than one writ of garnishment for the same debtor, the writs have priority based on the date on which you receive them. If the full amount of wages subject to garnishment for a given pay period is paid on the first writ, you should not make any payment on subsequently received writs until the first writ expires. In some cases, it may be necessary to make payments on two or more writs for the same pay period.
Example 4: You have received two writs of garnishment for Debtor A. You pay Debtor A on a monthly basis. The first writ expires on October 16. The second writ will not expire until November 15. You will need to prepare two wage exemption calculation forms for Debtor A’s October wages and make payments under both writs. The wage exemption calculation form for the first writ will be for the wages attributable to October 1 to October 15 as described in Example 2. The wage exemption calculation form for the second writ will be for all wages for the month of October, but the amounts withheld under the first writ must be subtracted on Line 8 to determine the October wages subject to garnishment under the second writ.
______________________________________________________________________________ [2001 c.249 §63; 2003 c.85 §20; 2007 c.496 §§10,15; 2011 c.228 §2; 2019 c.263 §2]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 01 - Courts, Oregon Rules of Civil Procedure

Chapter 018 - Judgments

Section 18.005 - Definitions.

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 18.158 - Judgment lien based on judgment for child support or spousal support entered in another state.

Section 18.162 - Judgment lien based on justice and municipal court judgments; satisfaction filing fee.

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 18.194 - Expiration and extension of judgment remedies for justice and municipal court judgments.

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 18.232 - Alternate method for 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 18.252 - Execution.

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 18.375 - Definitions.

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 18.600 - Definitions.

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 18.715 - Sanctions.

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 18.784 - Certain financial institution deposits not subject to garnishment; garnishment account review.

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 18.922 - Expedited sale of perishable personal property; expedited sale to prevent loss of value.

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 18.952 - Effect of sale on judgment debtor’s or mortgagor’s title; effect of redemption by judgment debtor or mortgagor.

Section 18.960 - Definitions.

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 18.968 - Setoff for rents, income and profits realized by certificate holder; certificate holder’s lien for crops and amounts expended to prevent waste.

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 18.980 - Accounting.

Section 18.981 - Manner of payment.

Section 18.985 - Sheriff’s deed.

Section 18.986 - Manufactured dwellings and floating homes.

Section 18.987 - Purchaser’s interest in land sale contract; leasehold interest in land with unexpired term of more than two years.

Section 18.988 - Seller’s right to receive payments under land sale contract.

Section 18.989 - Equitable interests in property.

Section 18.995 - Owner not allowed to neglect foreclosed residential real property; local government to notify owner of violation; lien for unreimbursed costs.

Section 18.999 - Recovery of amounts related to attempts to recover debt or enforce judgment.