Current through Register Vol. 61, No. 4, April 1, 2022
administrator may utilize garnishment proceedings in accordance with ORS
chapter 18 for the purpose of collecting past due support.
When the administrator receives a collection from a garnishment proceeding, the
administrator will hold the collection for 40 days if the garnishee is making a
payment of other than wages or 120 days if the garnishee is making a payment of
wages before disbursing any amounts due a party from the collection.
(b) This requirement is to accommodate the
possibility that the administrator may have to return funds from the collection
to the garnishee, the obligor, or the court, as a result of the obligor or any
person who has an interest in the garnished property having made a challenge to
garnishment in accordance with ORS chapter 18.
(c) The administrator will waive this
requirement to hold the collection, and will apply the collection to the case
for immediate distribution, in any case where the obligor provides the
administrator with a signed declaration under penalty of perjury expressly
waiving the right to make a challenge to garnishment and requesting that the
administrator apply, distribute and, as appropriate, disburse the payment
notice of a challenge to garnishment from the clerk of the court, the
administrator will file a response to the challenge to garnishment, attaching
copies of the writ of garnishment, garnishee response, debt calculation and any
supporting documentation necessary or helpful to the court in making a
determination of the challenge to garnishment.
(4) When a single writ of garnishment is
issued for two or more cases as provided in ORS
notice of a challenge to garnishment is received and the administrator files
the response required by section (3), the administrator will include copies of
all judgments for which the writ is issued and a debt calculation for each
(5) When the
contents of a bank account are garnished and the obligor makes a timely
challenge to garnishment that claims that all or some portion of the contents
of the account came from lump sum payments identified in ORS
the administrator may return to the obligor the exempt portion of such lump sum
payments received from that account, as appropriate.
(6) When the garnishee is a credit union, the
credit union may retain the par value of the garnished account, defined as the
face value of an individual credit union share necessary to maintain a
Notwithstanding any other provision of this rule, if the administrator
determines that funds garnished from an account include Supplemental Security
Income or a combination of Supplemental Security Income (SSI) and either Social
Security Disability Insurance (SSDI) or Social Security Retirement (SSR)
benefits and the administrator is in possession of the funds, the administrator
must return any SSI or concurrent SSI and SSDI or SSR benefits to the obligor
within 5 business days. If the garnished funds were already sent to the court
as the result of a challenge to garnishment, the administrator will advise the
court that it is holding exempt funds that should be released to obligor.
Or. Admin. R.
AFS 28-1996, f. & cert.
ef. 7-1-96; AFS 23-1997, f. 12-29-97, cert. ef. 1-1-98; AFS 2-2000, f. 1-28-00,
cert. ef. 2-1-00; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from
461-195-0238; AFS 28-2001, f. 12-28-01, cert. ef. 1-1-02; AFS 15-2002, f.
10-30-02, ef. 11-1-02; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru
12-28-03, Renumbered from 461-200-4520; DOJ 10-2003, f. 9-29-03, cert. ef.
10-1-03, Renumbered from 461-200-4520; DOJ 2-2004, f. 1-2-04 cert. ef. 1-5-04;
DOJ 1-2006, f & cert. ef. 1-3-06; DOJ 8-2007, f. 9-28-07, cert. ef.
10-1-07; DOJ 13-2011, f. 12-30-11, cert. ef. 1-3-12;
13-2017, amend filed 12/29/2017, effective
20-2018, amend filed 09/04/2018, effective
4-2021, amend filed 01/28/2021, effective
Statutory/Other Authority: ORS
Statutes/Other Implemented: ORS