(1) Except as provided in this section, the provisions of ORS 18.600 to 18.850 apply to all writs of garnishment issued on behalf of agencies for the enforcement of agency orders or warrants that are recorded in the County Clerk Lien Record.
(2) Notwithstanding ORS 18.690, a garnishee who receives a writ of garnishment described in subsection (1) of this section need not deliver a copy of the garnishee response to the court administrator for the court identified as having authority over the writ.
(3) Notwithstanding ORS 18.700, a debtor who wishes to make a challenge to a writ of garnishment described in subsection (1) of this section must deliver the challenge in person or by first class mail to the garnishor within the time specified by ORS 18.700 (2).
(4) A person issuing a writ of garnishment described in subsection (1) of this section shall modify the forms provided in ORS 18.600 to 18.850 to reflect that:
(a) The writ of garnishment is issued pursuant to an order or warrant recorded in the County Clerk Lien Record;
(b) A copy of the garnishee response need not be delivered or mailed to the court administrator for the court identified in the writ; and
(c) A challenge to a writ of garnishment described in subsection (1) of this section must be delivered to the garnishor and not to the court.
(5) Within 14 days after receipt of a challenge to a garnishment described in subsection (1) of this section, the garnishor must either:
(a) Release all property claimed as exempt from or not subject to garnishment under the challenge to the garnishment; or
(b) File with the court administrator a response to the challenge attaching copies of the writ and garnishee response and any supporting documentation necessary or helpful to the court in making its determination on the challenge to the garnishment.
(6) The provisions of this section do not apply to writs of garnishment issued by the court administrator, writs issued by an attorney for the enforcement of an order recorded under ORS 671.707 or 701.153 or writs issued by the administrator, as defined in ORS 25.010, under ORS 18.645. [2001 c.249 §57; 2003 c.576 §71; 2007 c.836 §40]
Note: The amendments to 18.800 by section 40, chapter 836, Oregon Laws 2007, become operative July 1, 2008, and apply to claims or complaints filed against persons whose contractor licenses are issued or renewed on or after July 1, 2008. See section 70, chapter 836, Oregon Laws 2007. The text that is operative until July 1, 2008, is set forth for the user’s convenience.
18.800. (1) Except as provided in this section, the provisions of ORS 18.600 to 18.850 apply to all writs of garnishment issued on behalf of agencies for the enforcement of agency orders or warrants that are recorded in the County Clerk Lien Record.
(2) Notwithstanding ORS 18.690, a garnishee who receives a writ of garnishment described in subsection (1) of this section need not deliver a copy of the garnishee response to the court administrator for the court identified as having authority over the writ.
(3) Notwithstanding ORS 18.700, a debtor who wishes to make a challenge to a writ of garnishment described in subsection (1) of this section must deliver the challenge in person or by first class mail to the garnishor within the time specified by ORS 18.700 (2).
(4) A person issuing a writ of garnishment described in subsection (1) of this section shall modify the forms provided in ORS 18.600 to 18.850 to reflect that:
(a) The writ of garnishment is issued pursuant to an order or warrant recorded in the County Clerk Lien Record;
(b) A copy of the garnishee response need not be delivered or mailed to the court administrator for the court identified in the writ; and
(c) A challenge to a writ of garnishment described in subsection (1) of this section must be delivered to the garnishor and not to the court.
(5) Within 14 days after receipt of a challenge to a garnishment described in subsection (1) of this section, the garnishor must either:
(a) Release all property claimed as exempt from or not subject to garnishment under the challenge to the garnishment; or
(b) File with the court administrator a response to the challenge attaching copies of the writ and garnishee response and any supporting documentation necessary or helpful to the court in making its determination on the challenge to the garnishment.
(6) The provisions of this section do not apply to writs of garnishment issued by the court administrator, writs issued by an attorney for the enforcement of an order recorded under ORS 671.707 or 701.150 or writs issued by the administrator, as defined in ORS 25.010, under ORS 18.645.
(Use of Writ for Provisional Process)
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