§ 18.830 Form of writ of garnishment
18.830. Form of writ of garnishment
A writ of garnishment must be in substantially the following form:
_______________ COURT
COUNTY OF _______________
_________________ )
Plaintiff, ) WRIT OF
) GARNISHMENT
)
vs. ) Case No. __________
)
_________________ )
Defendant. )
TO: _________________.
You are now a Garnishee. AS A GARNISHEE, YOU NEED TO KNOW THE FOLLOWING:
__________ (who is called the “Debtor”) owes money to __________ (who is called the “Creditor”). A judgment was entered against the Debtor for the debt, or the debt otherwise became subject to garnishment, on __________, 2__. The Debtor's Social Security number or employer identification number is __________ (insert if known).
The amount subject to garnishment is $__________.
This writ garnishes all of the following:
• Wages that you owe the Debtor at the time this writ is delivered to you, and all wages that the Debtor earns during
the 90-day period following the date on which you receive this writ.
• All property of the Debtor (including money) that is in your possession, control or custody at the time this writ is
delivered to you.
• All debts that you owe the Debtor at the time this writ is delivered to you, whether or not payment is due on the debt
at the time you receive this writ.
YOU MUST ANSWER THIS WRIT BY COMPLETING THE ATTACHED GARNISHEE RESPONSE WITHIN THE
TIME ALLOWED BY LAW, WHETHER OR NOT YOU HOLD ANY OF THE DEBTOR'S PROPERTY OR OWE
ANYTHING TO THE DEBTOR. IF YOU DO NOT TRUTHFULLY ANSWER THIS WRIT, OR YOU DO NOT
DELIVER MONEY OR PROPERTY WHEN YOU ARE REQUIRED TO DO SO, YOU WILL BE LIABLE TO THE
CREDITOR.
If you have questions, you should contact an attorney. Court employees cannot give you legal advice. The Creditor's
attorney cannot give you legal advice.
A writ of garnishment may be issued only by the court administrator, by the attorney for the Creditor or by a person who is specifically authorized by law to issue garnishments. This writ is issued by (check one):
___ The court administrator
___ The attorney for the Creditor
___ Other authorized issuer:
Name and title _______________
Statutory authority to issue writ _______________
This writ is valid only if it has been delivered to you within 60 days after the date of issuance. If the court administrator is issuing this writ, the date of issuance is the date the court administrator signs the writ (see “COURT SEAL” below). If
this writ is issued by any other person, the date of issuance is the date on which the issuer signs the certification (see
“CERTIFICATION” below).
IMPORTANT ADDRESSES
(see Step 2 of Instructions to Garnishee form)
(Court Administrator)
_______________ Court
Street address _______________
City __________ County __________
State __________ Zip Code __________
(Debtor)
Name _______________
Telephone number (if known) __________
___ Street address __________
City __________ State __________
Zip Code __________
___ Creditor has no knowledge of Debtor's address
(Garnishor; check one)
___ Creditor: (Must be filled in if the court administrator issues writ.)
Name __________
Street address __________
City __________ State __________
Zip Code __________
___ Attorney for Creditor:
Name __________
Street address __________
City __________ State __________
Zip Code __________
Telephone number __________
Oregon State Bar number __________
___ Other authorized issuer of writ:
Name __________
Street address __________
City __________ State __________
Zip Code __________
Telephone number __________
CERTIFICATION
(The following certification must be signed by the Creditor if this writ is issued by the court administrator. In all other cases, the following certification must be signed by the person issuing the writ.)
I certify that I have read this writ of garnishment and to the best of my knowledge, information and belief, there is good ground to support issuance of the writ, and the amount indicated as subject to garnishment is lawfully subject to collection by this writ.
________________________________ __________, 2_____
Signature Date
________________________________
Oregon State Bar No. (if attorney)
COURT SEAL
(To be completed only if this writ is issued by the court administrator. The writ must be stamped by the court administrator. The court administrator has not calculated any amounts on the writ and is not liable for errors made in the writ by the Creditor.)
Issued by the court administrator this _____ day of __________, 2___.
COURT ADMINISTRATOR
By __________________________
_____________________________________________________________________________