Oregon Statutes 18.600 – Definitions
As used in ORS § 18.600 to 18.850:
Terms Used In Oregon Statutes 18.600
- Court administrator: means a trial court administrator in a circuit court that has a trial court administrator and the clerk of the court in all other courts. See Oregon Statutes 18.005
- 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
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(1) ‘Account’ means an account at a financial institution, including a master account or subaccount, to which an electronic payment may be directly routed.
(2) ‘Check’ has the meaning given that term in ORS § 73.0104.
(3) ‘Creditor’ means a person to whom a debt is owed by a debtor.
(4) ‘Debt’ means any monetary obligation for which a garnishment may be issued under ORS § 18.605.
(5) ‘Debtor’ means a person whose property is being garnished for the purpose of paying a debt owed to a creditor.
(6) ‘Federal benefit payment’ means:
(a) A benefit payment from the United States Social Security Administration that is protected under 42 U.S.C. § 407 and 1383(d)(1);
(b) A benefit payment from the United States Department of Veterans Affairs that is protected under 38 U.S.C. § 5301(a);
(c) A benefit payment from the Railroad Retirement Board that is protected under 45 U.S.C. § 231m(a) and 352(e); or
(d) A benefit payment from the United States Office of Personnel Management that is protected under 5 U.S.C. § 8346 and 8470.
(7) ‘Financial institution’ means a financial institution or trust company as those terms are defined in ORS § 706.008.
(8) ‘Garnishable property’ means all property described in ORS § 18.615, but does not include:
(a) Any property that is not subject to garnishment under ORS § 18.618; and
(b) Any property that is applied as a setoff under ORS § 18.620 or 18.795.
(9) ‘Garnishee’ means a person to whom a writ of garnishment has been delivered.
(10) ‘Garnishment account review’ means the process of examining deposits to an account to determine whether benefit payments described in ORS § 18.784 (3) have been deposited in the account during the lookback period.
(11) ‘Garnishor’ means:
(a) The creditor, if the writ is issued by the court administrator on behalf of the creditor under ORS § 18.635 (2); or
(b) The issuer, if the writ is issued under ORS § 18.635 by any person other than the court administrator.
(12) ‘Past due support’ means the amount of child or spousal support, or both, determined under a court or administrative order in a proceeding under ORS § 25.501 to 25.556 or ORS Chapter 107, 108, 109, 110, 419B or 419C that has not been paid or is certified to be owed by another state under ORS § 25.083.
(13) ‘Wages’ includes all amounts paid for the services of an employee by an employer, including amounts paid as a commission or bonus.
(14) ‘Writ’ means a writ of garnishment. [2001 c.249 § 1; 2003 c.85 § 2; 2003 c.576 § 47; 2005 c.542 § 62; 2011 c.733 § 1; 2019 c.13 § 4]
(Garnishment Generally)