Oregon Revised Statutes Chapter 18 § 18.846 — Notice

Notice of exemptions form when debt arises out of support obligation or money award judgment that includes restitution; instructions for challenge to garnishment. If a judgment debtor’s debt arises out of a child support or spousal support obligation or a money award judgment that includes restitution, a notice of exemptions form must be in substantially the form set forth in this section. The notice form described in this section does not expand or restrict the law relating to exempt property. A determination as to whether property is exempt from execution, attachment and garnishment must be made by reference to other law. The form provided in this section may be modified to provide more information or to update the notice based on subsequent changes in exemption laws. ______________________________________________________________________________ NOTICE OF EXEMPT PROPERTY AND INSTRUCTIONS FOR CHALLENGE TO GARNISHMENT Property belonging to you may have been taken or held in order to satisfy a debt that arises out of a child support or spousal support obligation or from a money award judgment that includes restitution. The debt may be reflected in a judgment or in a warrant or order issued by a state agency. Important legal papers are enclosed. YOU MAY BE ABLE TO GET YOUR PROPERTY BACK, SO READ THIS NOTICE CAREFULLY. State and federal law specify that certain property may not be taken. Some of the property that you may be able to get back is listed below. (1) Your disposable earnings, as described in ORS 18.375 and 18.385, in an amount that does not exceed the greater of: (a) 75 percent of your take-home wages; or (b) $254 per workweek. (2) Social Security benefits. (3) Supplemental Security Income (SSI). (4) Public assistance (welfare). (5) Unemployment benefits. (6) Disability benefits (other than SSI benefits). (7) Workers’ compensation benefits. (8) All Social Security benefits and Supplemental Security Income benefits, and up to $7,500 in exempt wages, retirement benefits, welfare, unemployment benefits and disability benefits, that are held in a bank account. You may attach copies of bank statements to the Challenge to Garnishment form if you claim this exemption. (9) Spousal support, child support or separate maintenance to the extent reasonably necessary for your support or the support of any of your dependents. (10) A homestead (house, manufactured dwelling or floating home) occupied by you, or occupied by your spouse, parent or child. Up to $40,000 of the value of the homestead is exempt. If you jointly own the homestead with another person who is also liable on the debt, up to $50,000 of the value of the homestead is exempt. (11) Proceeds from the sale of a homestead described in item 10, up to the limits described in item 10, if you hold the proceeds for less than one year and intend to use those proceeds to procure another homestead. (12) Household goods, furniture, radios, a television set and utensils with a combined value not to exceed $3,000. *(13) A vehicle, including an automobile, truck, trailer, truck and trailer or other motor vehicle, with a value not to exceed $3,000. *(14) Tools, implements, apparatus, team, harness or library that are necessary to carry on your occupation, with a combined value not to exceed $5,000. *(15) Books, pictures and musical instruments with a combined value not to exceed $600. *(16) Wearing apparel, jewelry and other personal items with a combined value not to exceed $1,800. (17) Domestic animals and poultry for family use with a combined value not to exceed $1,000 and their food for 60 days. (18) Provisions and fuel for your family for 60 days. (19) One rifle or shotgun and one pistol. The combined value of all firearms claimed as exempt may not exceed $1,000. (20) Public or private pensions. (21) Veterans’ benefits and loans. (22) Medical assistance benefits. (23) Health insurance proceeds and disability proceeds of life insurance policies. (24) Cash surrender value of life insurance policies not payable to your estate. (25) Federal annuities. (26) Other annuities to $250 per month (excess over $250 per month is subject to the same exemption as wages). (27) Professionally prescribed health aids for you or any of your dependents. *(28) Rental assistance to an elderly person allowed pursuant to ORS 458.375. (29) Your right to receive, or property traceable to: (a) An award under any crime victim reparation law. (b) A payment or payments, not exceeding a total of $10,000, on account of personal bodily injury suffered by you or an individual of whom you are a dependent. (c) A payment in compensation of loss of future earnings of you or an individual of whom you are or were a dependent, to the extent reasonably necessary for your support and the support of any of your dependents. (30) Amounts paid to you as an earned income tax credit under federal tax law. (31) Your right to the ass