reglab/housing_qa huggingface dataset:
OR Rev Stat § 18.625 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.625 - Duration of writ’s effect.

(1) For any property other than wages, a writ of garnishment acts to garnish only garnishable property of the debtor that is in the garnishee’s possession, control or custody at the time the writ is delivered, including money that is owed but not yet due. (2) Except as provided in ORS 18.618 (2), a writ of garnishment acts to garnish all wages owed by the garnishee to the debtor at the time the writ is delivered. Except as provided in subsection (3) of this section, a writ also acts to garnish all wages earned by the debtor by reason of services to the garnishee during the period commencing with the date the writ is delivered and ending on the earlier of: (a) The expiration of 90 days after the date the writ is delivered; or (b) The date on which the garnishment is released or satisfied in full. (3) If a writ of garnishment is issued on behalf of a county or county agency, the writ acts to garnish all wages earned by the debtor by reason of services to the garnishee until the full amount owed to the county or county agency is paid or until the writ of garnishment is released by the county or county agency or by a court order. A writ of garnishment issued on behalf of a county or county agency shall contain language reasonably designed to notify the garnishee of the provisions of this subsection. [2001 c.249 §10; 2007 c.496 §2]
OR Rev Stat § 18.627 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.627 - Multiple writs.

(1) Except as otherwise provided by law, the first writ of garnishment delivered to a garnishee has priority over all other writs delivered to the garnishee for the same debtor. A garnishee shall make payments or deliver property under a subsequently delivered writ only if there is garnishable property of the debtor remaining in the garnishee’s possession, control or custody after complying with the first writ delivered to the garnishee. (2) If a debtor earns wages from a garnishee during the period that a writ of garnishment is in effect under ORS 18.625, the garnishee shall make payments under the first writ delivered to the garnishee until the expiration of the period of time specified in ORS 18.625, and shall thereafter make payments on subsequently delivered writs in the order in which they were delivered to the garnishee as long as each writ continues to be effective under ORS 18.625. Any delay in payment under a writ by reason of this subsection does not affect the expiration of the writ’s effect at the time specified in ORS 18.625. If the first writ does not garnish all wages of the debtor that are not exempt from execution, the garnishee shall make concurrent payment on a subsequently delivered writ of the balance of the wages that are not exempt from execution. (3) If a garnishee pays wages to a debtor and the garnishee receives another writ of garnishment during the period that a writ is in effect under ORS 18.625, the garnishee shall note those facts on the garnishee response and indicate the date on which the previous writ will expire. (4) A subsequent writ of garnishment issued on behalf of the same creditor against the same debtor and delivered to the same garnishee during the period that a previous writ is effective under ORS 18.625 acts only to garnish property of the debtor other than wages. [2001 c.249 §11]
OR Rev Stat § 18.635 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.635 - Who may issue writs.

(1) A writ of garnishment may be issued only by a person specified in this section. (2) The court administrator may issue a writ pursuant to ORS 18.638 and 18.640 only: (a) For the enforcement of a judgment that requires the payment of money and that has been entered in the register of a circuit court or docketed in the docket of a justice or municipal court; (b) Pursuant to an order for provisional process under ORCP 83 and 84; or (c) On behalf of a complainant or claimant under an order recorded pursuant to ORS 671.707 or 701.153, if the complainant or claimant has complied with the requirements of ORS 205.126. (3) An attorney who is an active member of the Oregon State Bar may issue a writ for the purpose of enforcing: (a) A judgment that requires payment of money and that has been entered in the register of a circuit court of this state or docketed in the docket of a justice or municipal court of this state; and (b) An order or warrant that an agency has recorded in the County Clerk Lien Record as authorized by law, including any order that has been recorded pursuant to ORS 671.707 or 701.153. (4) The administrator, as defined in ORS 25.010, may issue writs of garnishment only for the collection of past due support. Writs issued under this subsection are subject to the provisions of ORS 18.645. [2001 c.249 §12; 2003 c.576 §50; 2007 c.793 §1; 2007 c.836 §39]
OR Rev Stat § 18.638 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.638 - Writs issued by court administrators generally.

(1) Unless there are grounds for denying issuance of a writ of garnishment under ORS 18.640, the court administrator shall issue writs of garnishment upon proper application and payment of all required fees. A writ of garnishment issued by the court administrator must be signed by the creditor. The signature constitutes a certificate by the person under ORCP 17 and is subject to the sanctions provided by ORCP 17. (2) The court administrator may not fill in or complete a writ of garnishment on behalf of a creditor. (3) The court administrator is not responsible for verifying the amounts set forth in a writ issued by the court administrator and is not liable for errors in the writ made by the creditor. [2001 c.249 §13; 2003 c.576 §51]
OR Rev Stat § 18.640 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.640 - Grounds for denying issuance of writ.

(1) The court administrator shall refuse to issue a writ of garnishment that is not substantially in the form required by ORS 18.830. (2) The court administrator shall refuse to issue a writ of garnishment that is incomplete or contains improper instructions. Grounds for refusing issuance of a writ under this subsection include: (a) The inability of the court administrator to verify the existence of the debt claimed as the basis for the writ by a review of the register of the court. (b) A determination by the court administrator, based on a review of the register of the court, that a satisfaction of judgment has been filed with the court. (3) The court administrator shall refuse to issue a writ of garnishment pursuant to an order for provisional process under ORCP 83 and 84 if the party seeking issuance of the writ has not complied with all requirements of ORCP 82 A(3), A(5) and A(6) and B to G, 83 and 84. [2001 c.249 §14; 2003 c.576 §52]
OR Rev Stat § 18.645 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.645 - Writs issued by Division of Child Support or district attorney; rules.

(1) The administrator, as defined in ORS 25.010, may issue writs of garnishment for the collection of past due support in the manner provided by this section. Except as otherwise specifically provided in ORS 18.600 to 18.850, the provisions of ORS 18.600 to 18.850 apply to all writs issued under this section. (2) Notwithstanding ORS 18.607, a writ of garnishment issued under this section need not contain the name of the court whose authority is invoked. (3) A single writ of garnishment may be issued under this section for two or more judgments for past due support owed by the same judgment debtor. A separate debt calculation form for each of the judgments must be prepared as provided by ORS 18.832. The writ must reflect the captions of all cases for which the writ is issued. The writ also must reflect, as the amount subject to garnishment under the writ, the sum of the amounts due under all of the judgments subject to the writ. Notwithstanding ORS 18.700 (2), the debtor may file a challenge to a writ issued under this subsection with the court administrator for any court in which one of the judgments subject to the writ was entered. Upon receipt of a notice of a challenge to a garnishment under this subsection, the issuer of the writ shall file with the court administrator a response to the challenge, attaching copies of the writ and garnishee response, copies of all judgments for which the writ is issued and the debt calculation forms for those judgments, and any supporting documentation necessary or helpful to the court in making a determination on the challenge. The Department of Justice shall adopt rules governing the distribution to judgment creditors of amounts received by the administrator under a writ issued under this subsection. (4) Notwithstanding ORS 18.690, a garnishee who receives a writ of garnishment issued under this section need not deliver a copy of the garnishee response to the court administrator. (5) Notwithstanding ORS 18.730, payments under a writ issued under this section must be delivered to the Department of Justice. (6) Notwithstanding ORS 18.730, the Department of Justice must hold any payments received from the garnishee under a writ issued pursuant to this section: (a) For a period of 120 days after delivery of the writ, if the garnishee is making a payment of wages. (b) For a period of 30 days after delivery of the writ, if the garnishee is making a payment other than wages. (7) When issuing writs under this section, the Administrator of the Division of Child Support of the Department of Justice shall modify the forms provided in ORS 18.600 to 18.850 to reflect the provisions of this section. [2001 c.249 §15; 2003 c.85 §4; 2003 c.373 §1; 2003 c.576 §53a]
OR Rev Stat § 18.650 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.650 - Items required to be delivered to garnishee.

(1) All of the following items must be delivered to a garnishee: (a) The original writ of garnishment in substantially the form provided by ORS 18.830 or a copy of the writ. (b) A garnishee response form in substantially the form provided by ORS 18.835. (c) An instructions to garnishee form in substantially the form provided by ORS 18.838. (d) A wage exemption calculation form in substantially the form provided by ORS 18.840. (e) Any search fee required by ORS 18.790. (2) If any of the items described in subsection (1) of this section is not delivered to the garnishee, the garnishment is not effective to garnish any property of the debtor, the garnishee is not required to respond to the garnishment and the garnishee may proceed to deal with any property of the debtor as though the writ of garnishment had not been issued. [2001 c.249 §16; 2003 c.85 §5]
OR Rev Stat § 18.652 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.652 - Manner of delivery; delivery fee.

(1) A writ of garnishment may be delivered to the garnishee personally or by certified mail, return receipt requested. Delivery is effective upon receipt of the writ by the garnishee. If the garnishee refuses to accept delivery by certified mail, the garnishor may attempt personal delivery, but the garnishor must have a new writ issued in order to claim additional delivery fees. (2) Personal delivery of a writ of garnishment may be made only by: (a) The sheriff of the county where the writ is to be delivered; or (b) A competent person 18 years of age or older who is a resident of the State of Oregon and who is not a party or attorney in the action. (3) If personal delivery is made under this section, the person serving the writ must note the date of delivery upon the original writ delivered to the garnishee or upon the copy of the writ delivered to the garnishee. (4) Notwithstanding subsection (2) of this section, a person other than a sheriff may not deliver a writ of garnishment unless the person has errors and omissions insurance with limits of not less than $100,000 per occurrence from a company authorized to do business in this state. (5) The delivery fee for a writ of garnishment by a person other than a sheriff shall be in an amount agreed to between the person making the delivery and the garnishor. The delivery fee for a writ by a sheriff under this section is $25. [2001 c.249 §17; 2003 c.85 §6; 2003 c.304 §5; 2009 c.835 §3]
OR Rev Stat § 18.658 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.658 - Documents to be delivered to debtor.

(1) Following delivery of a writ of garnishment to a garnishee, the person who delivered the writ must mail or deliver promptly the following documents to the debtor whose property is being garnished by the writ: (a) A copy of the writ of garnishment. (b) The original of the debt calculation form. (c) A notice of exemptions form in substantially the form provided by ORS 18.845. (d) A challenge to garnishment form in substantially the form provided by ORS 18.850, with the names and addresses of the garnishor and garnishee entered by the garnishor. (2) A person serving a writ of garnishment may meet the requirements of subsection (1) of this section by mailing the documents to the address of the debtor that appears in the writ of garnishment. If an address for the debtor does not appear in the writ, the person serving the writ need not comply with subsection (1) of this section. [2001 c.249 §19; 2003 c.85 §8]
OR Rev Stat § 18.665 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.665 - Duties generally.

(1) Upon receiving a writ of garnishment, the garnishee shall determine whether a garnishee response is required under ORS 18.680 and 18.682. The garnishee has no duty to determine whether the garnishor, sheriff or other person has complied with the requirements of ORS 18.600 to 18.850, or to otherwise determine whether the writ of garnishment is valid. If a garnishee response is required, the garnishee must make a diligent effort to determine whether the garnishee is the employer of the debtor and whether the garnishee has possession, control or custody of any garnishable property of the debtor as described in ORS 18.615. If the garnishee has possession, control or custody of garnishable property, the garnishee must hold the property, or as much of the property as is necessary to satisfy the garnishment, as required by ORS 18.600 to 18.850, and thereafter make delivery of the property in the manner required by ORS 18.600 to 18.850. (2) The duty of a garnishee to hold and deliver property is not affected by joint ownership of the property. If a garnishee holds property that is owned, or appears to be owned, by the debtor and one or more other persons, the garnishee must still hold and deliver all of the property, or as much of the property as is necessary to satisfy the garnishment. (3) If a single writ is issued for two or more joint debtors under ORS 18.607 (5) and the garnishable property in the garnishee’s possession, control or custody exceeds the amount necessary to satisfy the garnishment, the garnishee must hold and deliver as much of the property as is necessary to satisfy the garnishment but may select, in the sole discretion of the garnishee, the property to hold and deliver without regard to which of the joint debtors owns the property. [2001 c.249 §20; 2003 c.85 §9; 2009 c.430 §6]
OR Rev Stat § 18.668 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.668 - Immunity by payment to court administrator or delivery to sheriff.

(1) Notwithstanding any provision of ORS 18.600 to 18.850, a garnishee may pay to the garnishor or to the court administrator any money that the garnishee reasonably believes may have been garnished and may deliver to the sheriff in the manner provided by ORS 18.600 to 18.850 any property that the garnishee reasonably believes to have been garnished. The garnishee has no duty to determine whether money or property held by the garnishee is exempt from garnishment or to determine whether the money or property is garnishable property. (2) If the garnishee makes payment of garnished money to the garnishor or to the court administrator under subsection (1) of this section, or delivers garnished property to the sheriff in the manner provided by ORS 18.600 to 18.850, the garnishee is discharged from liability to the creditor for the value of the money paid or property delivered. (3) If the garnishee requests a receipt, the sheriff or court administrator shall provide the garnishee with a receipt for any property delivered to the sheriff or payment made to the court administrator. (4) A garnishor or the garnishor’s attorney may disclose the full Social Security number for a debtor to a garnishee if the garnishee requests the number for the purpose of identifying the debtor. (5) A garnishee is not liable to any person by reason of using all or part of a debtor’s Social Security number for the purpose of identifying the debtor. [2001 c.249 §21; 2003 c.576 §54; 2009 c.230 §4]
OR Rev Stat § 18.670 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.670 - Exceptions to garnishee’s duties.

(1) A garnishee has no duty to hold or deliver any property under a writ of garnishment if the property has been released by a court order or a release of garnishment has been delivered to the garnishee under ORS 18.770. (2) The duty of a garnishee to hold or deliver any property under a writ of garnishment is not breached if the property is removed from the possession, control or custody of the garnishee before the garnishee can act to stop that removal through the exercise of reasonable care. [2001 c.249 §22]
OR Rev Stat § 18.672 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.672 - Duties of personal representative who is garnished.

Garnishment does not impair the powers of a personal representative over estate property for the purposes of administration. If a personal representative receives a writ of garnishment, the personal representative must prepare and deliver a garnishee response in the manner provided by ORS 18.600 to 18.850, but no payment of money or delivery of property need be made by the personal representative until such time as specified in this section. The personal representative must note on the response that the property is estate property subject to administration. The personal representative must also file a copy of the writ of garnishment and the garnishee response in the office of the court administrator for the court in which the estate is being administered, and must report the garnishment to the court in any petition for distribution. In a judgment made upon such petition, distribution shall be ordered to the heir or legatee, but delivery shall be ordered to the sheriff or to the garnishor, as required by ORS 18.600 to 18.850. [2001 c.249 §23; 2003 c.576 §55]
OR Rev Stat § 18.680 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.680 - Response required; time.

(1) Except as specifically provided under ORS 18.682, a garnishee must prepare a garnishee response in substantially the form provided by ORS 18.835 and must deliver the response in the manner provided in ORS 18.690. (2) Except as provided in subsection (3) of this section, a garnishee response must be delivered by the garnishee not later than seven calendar days after the date on which the writ of garnishment was delivered to the garnishee. (3) 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. [2001 c.249 §24]
OR Rev Stat § 18.682 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.682 - When response not required.

A garnishee has no duty to prepare and deliver a garnishee response if: (1) The writ of garnishment is not delivered to the garnishee within the time provided under ORS 18.609; (2) The garnishor fails to serve the garnishee with all items required under ORS 18.650; (3) The garnishee receives a release of garnishment issued under ORS 18.770; or (4) Any other law or court order directs that the response not be made. [2001 c.249 §25]
OR Rev Stat § 18.688 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.688 - Response of garnishee who is employer of debtor.

In addition to the requirements of ORS 18.685, if a garnishee employs the debtor, the garnishee must so note on the garnishee response and indicate the pay period and the next payday for the debtor. [2001 c.249 §27]
OR Rev Stat § 18.690 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.690 - Delivery of garnishee response.

(1) Except as provided in subsection (2) of this section, a garnishee who is required to deliver a garnishee response must mail or personally deliver: (a) The original of the response to the garnishor; (b) A copy of the response to the debtor; and (c) A copy of the response to the court administrator for the court specified in the writ of garnishment as having authority over the writ. (2) The garnishee shall not mail or personally deliver a copy of the garnishee response to the court administrator if: (a) The garnishee discovers that a voluntary or involuntary bankruptcy petition has been filed by or on behalf of the debtor after the debt was adjudicated as provided in ORS 18.605, and the garnishee will not make payments or deliver property under the writ pursuant to ORS 18.618 (3); or (b) The garnishee does not employ the debtor and the garnishee has no property of the debtor in the garnishee’s possession, control or custody that is garnishable property. (3) For the purpose of compliance with ORS 18.680, delivery of a garnishee response under this section is accomplished upon mailing or upon personal delivery of the response. [2001 c.249 §28; 2003 c.85 §10; 2003 c.576 §56; 2005 c.391 §5]
OR Rev Stat § 18.692 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.692 - Supplemental garnishee response.

(1) The garnishee shall prepare a supplemental garnishee response and deliver the supplemental garnishee response to the garnishor and to the debtor, if either of the following occurs after the garnishee has delivered an initial garnishee response and before the garnishee delivers all property that is subject to garnishment under the writ of garnishment: (a) The garnishee discovers that a voluntary or involuntary bankruptcy petition has been filed by or on behalf of the debtor under section 301, 302 or 303 of the United States Bankruptcy Code (11 U.S.C. 101 to 1330) after the debt was adjudicated as provided in ORS 18.605; or (b) The garnishee receives an order to withhold income that is entitled to priority under ORS 25.375. (2) The supplemental garnishee response required under this section must be in substantially the form provided in the instructions to garnishee form set forth in ORS 18.838. [2001 c.249 §29; 2003 c.85 §11]