(1) Except as provided in subsection (4) of this section, at the time of delivery of any writ of garnishment on a financial institution or at the time a notice of garnishment is delivered to the financial institution under ORS § 18.854:

Terms Used In Oregon Statutes 18.790

  • 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.

(a) A search fee of $10 must be paid to the financial institution if the garnishor is the Department of Revenue.

(b) A search fee of $15 must be paid to the financial institution if the garnishor is a person other than the department.

(2) A separate search fee must be paid under this section to the financial institution for each debtor if the writ is issued for more than one debtor under ORS § 18.607 (5).

(3) If the search fee required under this section is not paid:

(a) The garnishment is not effective to garnish any property of the debtor; and

(b) The financial institution need not file a garnishee response.

(4) The search fee required under this section need not be paid to a financial institution if the debtor is an employee of the financial institution.

(5) Notwithstanding subsection (1) of this section, a financial institution may enter into an agreement with any state agency authorized to garnish pursuant to ORS § 18.645 or 18.854 for periodic billing and payment of garnishee search fees required under this section.

(6) The right of a financial institution to receive the search fee required under this section does not in any way restrict or impair the right of the financial institution to charge and collect an additional garnishment processing fee from any debtor whose property the financial institution holds, or to whom the financial institution owes money. However, a financial institution may not charge or collect a garnishment processing fee in violation of ORS § 652.610. If a financial institution charges a garnishment processing fee, the financial institution may collect the fee by deducting the amount of the fee from any amount that the financial institution owes to the debtor.

(7) If a garnishment account review reveals that a payment was made by direct deposit or electronic payment to the debtor’s account during the lookback period described in ORS § 18.784 (2), the financial institution may not charge or collect a garnishment processing fee under subsection (6) of this section against the amount that is not subject to garnishment, and may not charge or collect a garnishment processing fee under subsection (6) of this section against any amounts in the account after the date of the garnishment account review. [2001 c.249 § 55; 2003 c.85 § 16a; 2007 c.356 § 1; 2009 c.430 § 5; 2011 c.733 § 7]

 

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