(1) Except as provided in subsection (2) of this section, proceedings against a garnishee under ORS § 18.775 to 18.782 must be commenced within one year after the delivery of the writ of garnishment.

Terms Used In Oregon Statutes 12.085

  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

(2) If the writ of garnishment is delivered to a person in the person’s capacity as a personal representative of an estate, proceedings against the garnishee under ORS § 18.775 to 18.782 must be commenced within one year after the entry of a judgment of final distribution for the estate. [1977 c.786 § 3; 1981 c.883 § 29; 2001 c.249 § 66; 2003 c.85 § 1; 2003 c.576 § 279a]

 

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