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Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33757
Experience:  Attorney with 15 years experience in various consumer protection areas
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In Oregon can wages and bank accounts be garnished at the same

Customer Question

In Oregon can wages and bank accounts be garnished at the same time?
Submitted: 6 years ago.
Category: Consumer Protection Law
Expert:  Barrister replied 6 years ago.

Hello,

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If a creditor has obtained a judgment against a debtor, then they can use numerous methods to collect on their judgment. The creditor can lien real estate, freeze and levy on bank accounts and garnish non-exempt wages up to 25% in order to collect. Exempt income is Social Security, IRAs, pensions, retirement plans, 401Ks, and disability payments.

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There is no legal limitation on the number of concurrent methods that the creditor can use to try and collect.

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Thanks.

Matt

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Customer: replied 6 years ago.
Same question, can creditors draw from bank accounts and wages at the same time? I understand they can take 25% of wage garnishment but meanwhile can they empty your checking account?
Expert:  Barrister replied 6 years ago.

Yes, if they have gotten a court ordered "writ of garnishment" it would apply to all assets a debtor has or is due. (wages, bank accounts, investment accounts, stocks, bonds, etc.)

 

Oregon procedures and law on the topic:

 

To be valid, a writ of garnishment must be delivered to the garnishee either by certified mail, return receipt requested or in person. Or. Rev. Statute. Ann. _ 29.165. If the property is held by a financial institution, property shall be garnished by delivering the writ of garnishment to the manager, assistant manager or other designated person at any office or branch of the financial institution where deposits are received or that has been designated by the institution as a place for delivery of writs of garnishment.

 

Delivery of a writ of garnishment to the manager, assistant manager or other designated person at an office or branch of the financial institution described in this paragraph is effective to garnish all property of the defendant held at all offices and branches of the financial institution located in the Statutee. Or. Rev. Statute. Ann. _ 29.185.

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Delivery of a writ of garnishment shall be effective to garnish all property of the defendant which is in the garnishee's possession, control or custody at the time of delivery of the writ of garnishment to the garnishee, including but not limited to property in safe deposit boxes, stock, debts and other obligations then in existence and payable in money, whether due or to become due, property held on expired and unexpired bailments and leases, and property held by the garnishee pursuant to a security interest granted by defendant to garnishee.

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In addition to such rights as the garnishee may have at law, in equity or otherwise, if the garnishee is a financial institution, the garnishee may, following delivery of a writ of garnishment to the garnishee, set off such sums as are due from defendant at the time the garnishee receives the writ of garnishment. Or. Rev. Statute. Ann. _ 29.205.

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Following delivery of a writ of garnishment to a garnishee, the person or sheriff who mailed or delivered the writ of garnishment shall promptly mail or deliver a copy of the writ of garnishment together with the notice of exemptions and claim form to each defendant whose property is being garnished by said writ. Or. Rev. Statute. Ann. _ 29.215.

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Where the garnishee charges such a garnishment processing fee, the garnishee may collect the fee by deducting the amount thereof from any debt the garnishee owes to the defendant. Or. Rev. Statute. Ann. _ 29.377.

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Thanks.

Matt

 

 

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Customer: replied 6 years ago.

Hello,

 

Maybe I need to give you more details. I am being garnished from my paycheck (prior to deposit) for child support. A creditor has garnished all of my checking account balance which is ONLY supplied by my wages through direct deposit. Is this legal in Oregon?

 

Thanks again,

Al

Expert:  Barrister replied 6 years ago.

Yes, you can be garnished by multiple creditors in various ways and it is perfectly legal.

 

One creditor (normally the state) can take a wage garnishment for child support while another can get a garnishment to seize and levy against funds in checking, savings, investment acounts.

 

As long at the garnishment orders have been issued by a judge, they are valid.

 

Thanks

Matt

 

 

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