Oregon Statutes 18.635 – Who may issue writs
(1) A writ of garnishment may be issued only by a person specified in this section.
Terms Used In Oregon Statutes 18.635
- 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
- Docket: A log containing brief entries of court proceedings.
- 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
- Judgment: means the concluding decision of a court on one or more requests for relief in one or more actions, as reflected in a judgment document. See Oregon Statutes 18.005
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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) 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]
(Writs Issued by Court Administrators)