Oregon Motion to Discharge or Quash Writ of Garnishment

State:
Multi-State
Control #:
US-02674BG
Format:
Word; 
Rich Text
Instant download

Description

The usual modes of attacking a garnishment directly are by motion to quash or vacate the writ of garnishment or to quash or discharge the writ. As a general rule, the defendant may file such a motion at any time after a writ of garnishment has been issued. However, the motion should be made at the earliest opportunity. Statutes or rules of some states may provide that a motion to quash a garnishment must be made within a specified period of time.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Limits on Wage Garnishment They also allow you to get back money that they took from your bank account that was exempt like social security, unemployment or disability. There is an exemption for 75% of your net wages so the debt collector can't take all of your paycheck.

If you think that we have garnished property or money that is exempt (protected by law) from garnishment you may submit a Challenge to Garnishment through Revenue Online or submit the Challenge to Garnishment form.

Support orders take priority over garnishments and should be paid first (ORS 25.375). After support orders are paid, garnishments should be paid in the order in which they are received.

Under Oregon law, a Wage Garnishment can last up to a maximum of 90 days from when it is delivered. It will stop earlier than that if the debt is paid in full. Unfortunately, there is no restriction under Oregon law to stop a creditor from issuing a new Wage Garnishment once the first garnishment expires.

Limits on Wage Garnishment in Oregon Oregon law protects (exempts) the greater of 75% of your disposable earnings or (effective through December 31, 2021): $254 per week. $509 per two-week period. $545 per half-month period, and.

Under Oregon law, a Wage Garnishment can last up to a maximum of 90 days from when it is delivered. It will stop earlier than that if the debt is paid in full. Unfortunately, there is no restriction under Oregon law to stop a creditor from issuing a new Wage Garnishment once the first garnishment expires.

Response to Motion (Other Than Motion For Summary Judgment) 14 days from service or filing of the motion, whichever is later. UTCR 5.030(1). See ORCP 10 B (adding 3 days when service of motion is by mail, email, fax, or electronic service).

If you think that we have garnished property or money that is exempt (protected by law) from garnishment you may submit a Challenge to Garnishment through Revenue Online or submit the Challenge to Garnishment form.

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Oregon Motion to Discharge or Quash Writ of Garnishment