Challenge To Garnishment - Oregon Circuit Court Page 2
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2NOTICE OF EXEMPT PROPERTY
Property belonging to you may have been taken or held in order to satisfy a debt. The debt may be reflected in a judgment or ina
warrant or order issued by a state agency. Important legal papers are enclosed.
YOU MAY BE ABLE TO GET YOUR PROPERTY BACK, SO READ THIS NOTICE CAREFULLY.
State and federal law specify that certain property may not be taken. Some of the property that you may be able to get back is listed below.
(1)
Wages or a salary as described in ORS 23.175 and section 69b of this 2001 Act. Whichever of the following amounts is greater:
a. 75 percent of your take-home wages; or
b. $170 per workweek.
(2)
Social Security benefits.
(3)
Supplemental Security Income (SSI).
(4)
Public assistance (welfare).
(5)
Unemployment benefits.
(6)
Disability benefits (other than SSI benefits).
(7)
Workers= compensation benefits.
(8)
Exempt wages, Social Security benefits (other than SSI), welfare, unemployment benefits and disability benefits when placed in a
checking or savings account (up to $7500.00).
(9)
Spousal support, child support or separate maintenance to the extent reasonably necessary for your support or the support of any of your
dependents.
(10)
A homestead (home, farm, manufactured dwelling or houseboat) if you live in it, to the value of $20,000 ($23,000 for a manufactured
dwelling with land included; $25,000 for any other homestead with land included) or proceeds from its sale for one year.
(11)
Household goods, furniture, radios, a television set and utensils with a combined value not to exceed $3,000.
*(12)
An automobile, truck, trailer or other vehicle with a value not to exceed $1,700.
*(13)
Tools, implements, apparatus, team harness or library that are necessary to carry on your occupation, with a combined value not to
exceed $3,000.
*(14)
Books, pictures and musical instruments with a combined value not to exceed $600.
*(15)
Wearing apparel, jewelry and other personal items with a combined value not to exceed $1,800.
(16)
Domestic animals and poultry for family use with a combined value not to exceed $1,000 and their food for 60 days.
(17)
Provisions (food) and fuel for your family for 60 days.
(18)
One rifle or shotgun and one pistol. The combined value of all firearms claimed as exempt may not exceed $1,000.
(19)
Public or private pensions.
(20)
Veterans= benefits and loans.
(21)
Medical assistance benefits.
(22)
Health insurance proceeds and disability proceeds of life insurance policies.
(23)
Cash surrender value of life insurance policies not payable to your estate.
(24)
Federal annuities.
(25)
Other annuities to $250 per month, (excess over $250 per month subject to the same exemption as wage).
(26)
Professionally prescribed health aids for you or any of your dependents.
*(27)
Elderly rental assistance allowed pursuant to ORS 310.635
*(28)
Your right to receive, or property traceable to:
*(a) An award under any crime victim reparation law.
*(b) A payment or payments, not exceeding a total of $10,000, on account of personal bodily injury suffered by you or and individual of
whom you are a dependent.
*(c) A payment in compensation of loss of future earnings of you or an individual of whom you are or were a dependent, to the extent
reasonably necessary for your support and the support of any of your dependants.
(29)
Interest in personal property to the value of $400, but this cannot be used to increase the amount of any other exemption.
(30)
Equitable interests in property.
(31)
If the amount shown as owing on the Debt Calculation form exceeds the amount you actually owe to the creditor, the difference
between the amount owed and the amount shown on the Debt Calculation form.
______________________________________________________________________________________________________
NOTE: If two or more people in your household owe the claim or judgment, each of them may claim the exemptions
marked by an asterisk (*).
______________________________________________________________________________________________________
You must act promptly if you want to get your money or property back. You may seek to reclaim your exempt property by doing the following:
(1) Fill out the Challenge to Garnishment form that you received with this notice (see reverse side).
(2) Mail or deliver the form for Challenge to Garnishment form to the clerk of the court at the address shown on the writ of garnishment.
If the writ of garnishment is a writ of continuing garnishment you must mail or deliver the form within 120 days after you receive this notice. If you
wish to claim that any other money or property is exempt, or claim that the property is not subject to garnishment, you must mail or deliver the form
within 30 days after you receive this notice. You have the burden of showing that your challenge is made on time, so you should keep records
showing when the challenge was mailed or delivered.
(3) The law only requires that the Garnishor hold the garnished money or property for 10 days before applying it to the Creditor=s use.
You may be able to keep the property from being used by the Creditor by promptly following (1) and (2) above.
You should be prepared to explain your exemption in court. If you have any questions about the garnishment or the debt, you should see an
attorney.
IF YOU CLAIM AN EXEMPTION IN BAD FAITH, YOU MAY BE SUBJECT TO PENALTIES IMPOSED BY THE COURT THAT
COULD INCLUDE A FINE.
Penalties you could be subject to are listed in section 36 of this 2001 Act.
When you file a Challenge to Garnishment form, the Garnishee may be required to make all payments under the garnishment to the court, and the
Garnishor may be required to pay to the court all amounts received by the Garnishor that are subject to the challenge to the garnishment. The
Garnishee and the Garnishor are subject to penalties if they do not. For a complete explanation of their responsibilities, see sections 32 and 33 of
this 2001 Act.
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