§ 18.790 Writs of garnishment on financial institution; search fee

Codes > Oregon Revised Statutes > Title 2 > Chapter 18 : Writs of > (Financial Institution : 18.790

18.790. Writs of garnishment on financial institution; search fee

    (1) Except as provided in subsection (4) of this section, at the time of delivery of any writ of garnishment on a financial institution or at the time a notice of garnishment is delivered to the financial institution under ORS 18.854:

        (a) A search fee of $10 must be paid to the financial institution if the garnishor is the Department of Revenue.

        (b) A search fee of $15 must be paid to the financial institution if the garnishor is a person other than the department.

    (2) A separate search fee must be paid under this section to the financial institution for each debtor if the writ is issued for more than one debtor under ORS 18.607 (5).

    (3) If the search fee required under this section is not paid:

        (a) The garnishment is not effective to garnish any property of the debtor; and

        (b) The financial institution need not file a garnishee response.

    (4) The search fee required under this section need not be paid to a financial institution if the debtor is an employee of the financial institution.

    (5) Notwithstanding subsection (1) of this section, a financial institution may enter into an agreement with any state agency authorized to garnish pursuant to ORS 18.645 or 18.854 for periodic billing and payment of garnishee search fees required under this section.

    (6) The right of a financial institution to receive the search fee required under this section does not in any way restrict or impair the right of the financial institution to charge and collect an additional garnishment processing fee from any debtor whose property the financial institution holds, or to whom the financial institution owes money. However, a financial institution may not charge or collect a garnishment processing fee in violation of ORS 652.610. If a financial institution charges a garnishment processing fee, the financial institution may collect the fee by deducting the amount of the fee from any amount that the financial institution owes to the debtor.

    (7) A financial institution may not charge or collect a garnishment processing fee under subsection (6) of this section for a writ of garnishment if none of the debtor's property held by the financial institution is subject to garnishment.