§ 18.850 Form of challenge to garnishment
18.850. Form of challenge to garnishment
A challenge to garnishment form must be in substantially the following form:
__________ COURT
COUNTY OF __________
__________ ) CHALLENGE TO
Plaintiff, ) GARNISHMENT
)
vs. ) Case No. __________
)
__________ )
Defendant. )
THIS FORM MAY BE USED BY THE DEBTOR ONLY FOR THE FOLLOWING PURPOSES:
(1) To claim such exemptions from garnishment as are permitted by law.
(2) To assert that property is not garnishable property under ORS 18.618.
(3) To assert that the amount specified in the writ of garnishment as being subject to garnishment is greater than the total amount owed.
THIS FORM MAY BE USED BY PERSONS OTHER THAN THE DEBTOR ONLY TO CLAIM AN INTEREST IN THE
PROPERTY THAT IS GARNISHED.
THIS FORM MAY NOT BE USED TO CHALLENGE THE VALIDITY OF THE DEBT.
I/We claim that the following described property or money is exempt from execution or is not subject to garnishment:
I/We believe this property is exempt from or not subject to garnishment because (the Notice of Exempt Property that you received lists most types of property that you can claim as exempt from or not subject to garnishment):
I/We claim that the total amount owed is:
______________________________________________________________________
______________________________________________________________________
__________ __________
I am a person other than the Debtor and I have the following interest in the property:
Name ___________________________________ Name ___________________________________
Signature ___________________________________ Signature ___________________________________
Address ___________________________________ Address ___________________________________
___________________________________ ___________________________________
Telephone Number Telephone Number
___________________________________ ___________________________________
(Required) (Required)
TO BE COMPLETED BY GARNISHOR:
Name of Garnishor ______________ Name of Garnishee ______________
Address of Garnishor ______________ Address of Garnishee ______________
___________________________________ ___________________________________
______________________________________________________________________