§ 18.770 Release of garnishment; form; delivery; termination of proceedings for sale

Codes > Oregon Revised Statutes > Title 2 > Chapter 18 : Writs of > (Release of : 18.770

18.770. Release of garnishment; form; delivery; termination of proceedings for sale

    (1) A garnishor may issue a release of garnishment that covers all or any portion of the property held under a writ of garnishment. The release must be in substantially the form provided by ORS 18.842. The garnishor must deliver a copy of the release to the garnishee and the debtor. In addition, the garnishor must deliver a copy of the release to:

        (a) The sheriff, if the garnishor has made a request for sale of property under ORS 18.755; and

        (b) The court administrator for the court specified in the writ of garnishment as the court with authority over the writ, if the garnishor has made a request for sale of property under ORS 18.755 or if the garnishor has received a challenge to the garnishment.

    (2) A person who does not receive a copy of a release under this section is not liable for treating the property as though the writ were still in effect.

    (3) Any proceedings for the sale of property under ORS 18.758 shall be terminated immediately upon receipt by the sheriff of a copy of a release of garnishment.

    (4) Upon receipt of a copy of a release under this section, the garnishee may proceed to deal with the released property as though the writ of garnishment had not been issued.