Or. Admin. R. 839-020-0027

Current through Register Vol. 63, No. 4, April 1, 2024

Section 839-020-0027 - Deductions for Garnishment Processing Fee

(1) If a garnishee that employs a debtor is required to make any payment under a writ of garnishment by reason of wages payable to the debtor, the garnishee may collect a processing fee as provided pursuant to ORS 18.736 for each week of wages, or fraction of a week of wages, for which a payment is made under the provisions of ORS 18.735. The processing fee must be collected after the last payment is made under the writ. The fee shall be withheld from the wages of the debtor, and is in addition to the amounts withheld for payment to the garnishor under the writ or under any other writ delivered to the garnishee.

(2) The fee provided for in this section may not be collected if withholding of the fee would reduce the debtor's net disposable income below the minimum amount prescribed by ORS 18.385.

BLI 7-2003, f. 12-31-03, cert. ef. 1-1-04; BLI 22-2010, f. 12-30-10, cert. ef. 1-1-11

Stat. Auth.: ORS 651.060(4), 652, 653 & HB 3544(2003 legislature)

Stats. Implemented: ORS 18.838, 652.150 & 653.261(1)