(1) A court may impose sanctions against any person who files a challenge to a garnishment in bad faith. The sanctions a court may impose under this subsection are a penalty of not more than $100 and responsibility for attorney fees under ORS 20.105.
(2) The court shall order a creditor to return any property that is garnished under a writ of garnishment and that was exempt from garnishment or not subject to garnishment, and shall order the creditor to pay a penalty of $200 to the debtor in addition to all costs and reasonable attorney fees incurred by the debtor in recovering the property and penalty, if:
(a) The creditor is the garnishor and fails to provide in the writ any address for the debtor that is known to the creditor; or
(b) The creditor is not the garnishor and fails to provide to the garnishor any address for the debtor that is known to the creditor.
(3) The imposition of sanctions under this section does not limit any remedy otherwise available to the creditor or debtor. [2001 c.249 §36]
Section: Previous 18.692 18.700 18.702 18.705 18.708 18.710 18.712 18.715 18.718 18.725 18.730 18.732 18.735 18.736 18.738 NextLast modified: August 7, 2008