(1) A debt calculation form shall be prepared for each writ of garnishment issued. A copy of the form need not be served on the garnishee, but a copy must be delivered to the debtor along with a copy of the writ in the manner required by ORS § 18.658.

Terms Used In Oregon Statutes 18.832

  • 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
  • Execution: means enforcement of the money award portion of a judgment or enforcement of a judgment requiring delivery of the possession or sale of specific real or personal property, by means of writs of execution, writs of garnishment and other statutory or common law writs or remedies that may be available under the law. 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
  • 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
  • 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) A debt calculation form must be in substantially the following form:

______________________________________________________________________________

________ COURT

COUNTY OF ________

 

 

TO: ________ (Debtor).

 

The following amounts have been calculated to be owing from you to ________ (Creditor). The amounts are owed by reason of:

 

__’ A judgment entered against you dated _____, 2__, in Case No. _____, ______ Court, ______ County.

 

__’ Other debt subject to garnishment under the law (provide details):

 

______________________

 

______________________

 

THE COURT ADMINISTRATOR HAS NOT CALCULATED ANY AMOUNTS FOR THE PURPOSE OF THIS FORM AND IS NOT LIABLE FOR ERRORS IN THIS FORM OR IN THE WRIT OF GARNISHMENT MADE BY THE CREDITOR OR GARNISHOR.

 

 

NOTE: INSERTING ITEMS AND AMOUNTS NOT LAWFULLY SUBJECT TO COLLECTION BY GARNISHMENT MAY RESULT IN LIABILITY FOR WRONGFUL EXECUTION.

 

I certify that I have read this Debt Calculation form and to the best of my knowledge, information and belief the amount shown as owing is correct.

 

_______________

Creditor (Creditor must sign if writ issued by court administrator.)

 

_______________

Garnishor (Attorney for Creditor or other person authorized by law to issue writ.)

 

_______________

Address

 

_______________

Telephone Number

 

_______________

Oregon State Bar Number (if attorney)

 

_______________, 2__

Date of Calculation

______________________________________________________________________________ [2001 c.249 § 60; 2003 c.576 § 74]

 

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