Statute Text
Exempt
personal property generally.
(1) All property of a judgment debtor, including franchises, or rights or
interest in the judgment debtors property, is liable to an execution, except
as provided in this section and in other statutes granting exemptions from
execution. The following property of the judgment debtor, or rights or interest
in the property, except as provided in ORS 18.305, is exempt from execution:
(a) Books,
pictures and musical instruments to the value of $600.
(b) Wearing
apparel, jewelry and other personal items to the value of $1,800.
(c) The tools,
implements, apparatus, team, harness or library, necessary to enable the
judgment debtor to carry on the trade, occupation or profession by which the
judgment debtor habitually earns a living, to the value of $5,000.
(d)(A) A vehicle,
including an automobile, truck, trailer, truck and trailer or other motor
vehicle, to the value of $10,000; or
(B) If the
judgment debtor owes a debt that arises out of a child support or spousal
support obligation or a money award judgment that includes restitution, a
vehicle, including an automobile, truck, trailer, truck and trailer or other
motor vehicle, to the value of $3,000.
(e) Domestic
animals and poultry kept for family use, to the total value of $1,000 and food
sufficient to support such animals and poultry for 60 days.
(f) Household
goods, furniture, radios, a television set and utensils all to the total value
of $3,000, if the judgment debtor holds the property primarily for the
personal, family or household use of the judgment debtor; provisions actually
provided for family use and necessary for the support of a householder and
family for 60 days and also 60 days supply of fuel.
(g) All property
of the state or any county or incorporated city therein, or of any other public
or municipal corporation of like character.
(h) All
professionally prescribed health aids for the judgment debtor or a dependent of
the judgment debtor.
(i) Spousal
support, child support, or separate maintenance to the extent reasonably
necessary for the support of the judgment debtor and any dependent of the
judgment debtor.
(j) The judgment
debtors right to receive, or property that is traceable to, an award under any
crime victim reparation law.
(k) The judgment
debtors right to receive, or property that is traceable to, a payment or
payments, not to exceed a total of $10,000, on account of personal bodily
injury of the judgment debtor or an individual of whom the judgment debtor is a
dependent.
(L) The judgment
debtors right to receive, or property that is traceable to, a payment in
compensation of loss of future earnings of the judgment debtor or an individual
of whom the judgment debtor is or was a dependent, to the extent reasonably
necessary for the support of the judgment debtor and any dependent of the
judgment debtor.
(m) Veterans
benefits and loans.
(n) The judgment
debtors right to receive an earned income tax credit under the federal tax
laws and any moneys that are traceable to a payment of an earned income tax
credit under the federal tax laws.
(o) The judgment
debtors right to the assets held in, or right to receive payments under, a
medical savings account or health savings account authorized under section 220
or 223 of the Internal Revenue Code.
(p) The judgment
debtors interest, not to exceed $400 in value, in any personal property.
However, this exemption may not be used to increase the amount of any other
exemption.
(q) The judgment
debtors right to receive a tax credit under ORS 315.273, and any moneys that
are traceable to a payment of a tax credit under ORS 315.273.
(2) If the
property claimed by the judgment debtor as exempt is adjudicated by the court
out of which the execution issued to be of a value in excess of that allowed by
the appropriate paragraph of subsection (1) of this section, the officer
seizing the property shall proceed to sell such property. Out of the proceeds
of such sale, the officer shall deduct costs of sale and shall pay to the
judgment debtor an amount equivalent to the value declared to be exempt by any
of the paragraphs of subsection (1) of this section and shall apply the balance
of the proceeds of sale on the execution. A sale may not be made under such
execution unless the highest bid made exceeds the appropriate exemption claimed
and allowed plus costs of sale. If no bid is received in excess of the value
allowed by the appropriate paragraph of subsection (1) of this section, the
costs of sale shall be borne by the judgment creditor.
(3) If two or
more members of a household are joint judgment debtors, each judgment debtor
shall be entitled to claim the exemptions in subsection (1)(a), (b), (c), (d)
and (p) of this section in the same or different properties. The exemptions
provided by subsection (1)(a), (b), (c), (d), (j), (k) and (p) of this section,
when claimed for jointly owned propert