(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:

Terms Used In Oregon Statutes 18.692

  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these 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
  • 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.

(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]

 

(Challenge to Garnishment)

 

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