Consumer Law in Oregon - eBook on Garnishment (2013)

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 445.13EB25
 
SUMMARY
This chapter is excerpted from the 2013 edition of Consumer Law in Oregon, which will enable you to protect your clients' financial interests and advise them about available rights and remedies. PDF Download with 6 MS Word forms - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 25
GARNISHMENT
Pamela E. Yee

§25.1 OVERVIEW

§25.2 ESSENTIAL ELEMENTS

§25.2-1 Definitions
§25.2-2 Basis for Garnishment
§25.2-3 Garnishments Issued by Court Administrator
§25.2-4 Writs Issued by Lawyers or for Delinquent Child Support
§25.2-5 Delivery of Writ; Cost of Service
§25.2-6 Duties of Garnishee
§25.2-7 Garnishee’s Liability for Failure to Respond to Writ
§25.2-8 Garnishor’s Duties After Serving Writ of Garnishment

§25.3 EXEMPTIONS AND CHALLENGES TO GARNISHMENT

§25.3-1 Nature of Exemptions
§25.3-2 Challenges to Garnishment
§25.3-3 Garnishor’s Duties on Receiving Notice of Challenge to Garnishment

§25.4 TYPICAL PARTIES AND FACT SITUATIONS

§25.4-1 Exemption Funds in Bank Account
§25.4-2 Creditor “Sweeps” Banks to Locate Debtor’s Account
§25.4-3 Child Support Order Takes Priority over Writ of Garnishment

§25.5 PITFALLS AND HAZARDS

§25.5-1 Garnishee Fails to Answer Writ
§25.5-2 Garnishor Fails to Deliver All Forms to Garnishee
§25.5-3 Wrongful Garnishment

§25.6 REMEDIES

FORM 25-1 Writ of Garnishment
FORM 25-2 Debt Calculation
FORM 25-3 Garnishee Response
FORM 25-4 Wage Exemption Calculation
FORM 25-5 Notice of Exempt Property and Instructions for Challenge to Garnishment
FORM 25-6 Challenge to Garnishment