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Current as of January 01, 2023 | Updated by Findlaw Staff
(1) Except as provided in this section, 75 percent of the disposable earnings of an individual are exempt from execution.
(2) The disposable earnings of an individual are exempt from execution to the extent that payment under a garnishment would result in net disposable earnings for an individual of less than the following amounts:
(a) $218 for any period of one week or less;
(b) $435 for any two-week period;
(c) $468 for any half-month period;
(d) $936 for any one-month period; and
(e) For any other period longer than one week, $218 multiplied by that fraction produced by dividing the number of days for which the earnings are paid by seven. The amount calculated under this paragraph must be rounded to the nearest dollar.
(3) If an individual is paid for a period shorter than one week, the exemption calculated under subsection (2) of this section may not exceed $218 for any one-week period.
(4) An employer shall deduct from the amount of disposable earnings determined to be nonexempt under subsections (1) to (3) of this section any amounts withheld from the individual's earnings for the same period of time under an order issued pursuant to ORS 25.378, 419B.408 or 419C.600 or ORS chapter 110. The employer shall make payment under a garnishment only of those amounts remaining after the deduction is made.
(5) Subsections (1) to (4) of this section do not apply to:
(a) Any order of a court of bankruptcy.
(b) Any debt due for federal tax.
(6) Subsections (2) to (4) of this section do not apply to any debt due for state tax. Subsection (1) of this section does not apply to a debt due for state tax if a state agency issues a special notice of garnishment under ORS 18.855 (6).
(7) A court may not make, execute or enforce any order or process in violation of this section.
(8) Any waiver by an individual of the provisions of this section is void.
(9) An employer may not discharge any individual because the individual has had earnings garnished.
Cite this article: FindLaw.com - Oregon Revised Statutes Procedure in Civil Proceedings § 18.385 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-2-procedure-in-civil-proceedings/or-rev-st-sect-18-385/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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