Filing a Challenge to Garnishment in Oregon
by: Legal Aid Services of Oregon
The law says that some property, wages, and money are exempt from collection - this means they cannot be taken from you to pay unpaid consumer debts. See "Exempt Oregon Wages, Money and Property" - a list of exempt wages, money, and property.
lf you believe that the creditor is garnishing exempt wages or money or is taking exempt property, you may file a Challenge to Garnishment so you can keep the money or property. You should only file a Challenge to Garnishment if you have good reason to believe that one of the exemptions on the exemptions list applies to your wages, money or property.
After you file a Challenge to Garnishment there will be a hearing in court and a judge will decide if you will be able to keep the money or property.
Where Do I Get a Challenge to Garnishment Form?
You will get the Challenge to Garnishment papers when your wages or bank account are garnished or when the sheriff takes your property.
When Should I File a Challenge to Garnishment?
To challenge a garnishment of your wages or salary, you must file the Challenge to Garnishment form within 120 days of receiving the papers. For a garnishment of any other money or property, you must file the Challenge to Garnishment form within 30 days of getting the papers. You should file the form as soon as you can.
How Do I File a Challenge to Garnishment?
- Fill out the Challenge to Garnishment form. The creditor's name should be written on the line for the "plaintiff" and write your name on the "defendant" line. List the property or money that you believe is exempt and should not be taken. To explain why the property is exempt, look at the "Exempt Oregon Wages, Money, and Property" list and copy from the list the exemption that applies.
- Make a copy of the completed form for you to keep. Take the original to the court clerk at the courthouse or mail the claim to the clerk at the address listed on the garnishment papers.
- Ask the court clerk when your court hearing will be held.
- Get ready for the hearing by making sure you can give evidence about the value of the things you are claiming and which exemptions apply. You write notes to use at the hearing.
- Go to the hearing on time. If you can, bring someone with you for personal support.
- Present your information to the judge clearly and briefly. Answer to questions politely. Keep calm.
- Give the order signed by the judge to the sheriff or person holding your things and claim them. You should argue that you do not owe storage costs because that would defeat the purpose of the exemptions, which is to make sure that you can keep your basic necessities of life.
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