(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) If a garnishment account review reveals that a payment was made by direct deposit or electronic payment to the debtor’s account during the lookback period described in ORS 18.784 (2), the financial institution may not charge or collect a garnishment processing fee under subsection (6) of this section against the amount that is not subject to garnishment, and may not charge or collect a garnishment processing fee under subsection (6) of this section against any amounts in the account after the date of the garnishment account review. [2001 c.249 §55; 2003 c.85 §16a; 2007 c.356 §1; 2009 c.430 §5; 2011 c.733 §7]
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.