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Attorney & Mediator
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can husband and wife wages both be garnished if its ...

Customer Question

can husband and wife wages both be garnished if it's the wife debt.plus they are putting in for a judgement against me for the garnishment, but did not mention my husband but he works as well.
Submitted: 10 years ago.
Category: Legal
Expert:  Attorney & Mediator replied 10 years ago.
It all depends on the terms of the judgment order. However wage garnishments are typically attached to the debtor (the person obligated to pay ). You need to review the judgment orders and see what was ordered. If the spouse was incorrectly added you need to appeal the hearing and provide clarfication to the court.
Customer: replied 10 years ago.
Reply to Lawyer, Broker 's Post: I DO NOT BELIEVE THAT YOU ARE LOOKING UNDER OREGON LAW. WHICH STATES THAT THE HUSBAND IS JUST AS RESPONSIBLE AS THE WIFE.
Expert:  Attorney & Mediator replied 10 years ago.
Thank you for your reply, my answers are always based on proper research. According to Oregon law, Ore Rev Ann 29.137 states the following and I quote:

The clerk of the court shall issue one or more writs of garnishment upon proper application and payment of the appropriate fee. Issuance shall be by the clerk of the court for the county in which a judgment was originally entered or, if a judgment is from another jurisdiction and is registered in this Statutee, the clerk of the court for the county in which the judgment was first filed in this Statutee. Clerks will issue writs only for a person on whose behalf a judgment requiring the payment of money has been entered in the register of actions. Or. Rev. Statute. Ann. _ 29.137.

The form of the writ shall be substantially as provided in _ 29.145. Every writ issued by the clerk must be signed by the plaintiff or the plaintiff's agent or attorney. The signature constitutes a certificate by the person under Or. R. Civil. P. 17. The plaintiff or the plaintiff's agent or attorney must complete the writ form and supply the copies. Every writ issued by the clerk must include or have attached a notice informing the defendant that the clerk has not verified the figures in the writ. Or. Rev. Statute. Ann. _ 29.138.

An attorney who is an active member of the Oregon Statutee Bar may issue one or more writs of garnishment for a person on whose behalf a judgment requiring the payment of money has been entered in the register of actions of a court of this Statutee. Or. Rev. Statute. Ann. _ 29.137.

The form of the writ shall be substantially as provided in _ 29.147. Every writ issued by an attorney must be signed by the attorney. The signature constitutes a certificate by the attorney under Or. R. Civil. P. 17.

The plaintiff must complete the writ form and supply the necessary copies. Every writ issued by an attorney must include or have attached a notice informing the defendant that the court has not verified the figures in the writ. Or. Rev. Statute. Ann. _ 29.139. Property of a defendant in the possession of a person other than the plaintiff or defendant shall be garnished by the delivery of all of the following to such person: (1) a writ of garnishment or a true copy thereof; (2) four additional copies of the writ of garnishment; and (3) any garnishee's search fee payable under _ 29.377. Or. Rev. Statute. Ann. _ 29.155.

To be valid, a writ of garnishment must be delivered to the garnishee either by certified mail, return receipt requested or in person. The fee for delivery of a writ of garnishment shall be no more than $12.50 if the writ if delivered in a county with less than 400,000 population or $9.50 if the writ is delivered in a county with not less than 400,000 population (determined by the most recent decennial census). 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. 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.

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.

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. When a writ of garnishment is delivered to a garnishee that is a financial institution, the plaintiff shall pay a garnishee's search fee of $5 to the garnishee unless the defendant is an employee of the garnishee. The right of the garnishee to receive the search fee shall in no way restrict or impair the right of a garnishee to charge and collect an additional garnishment processing fee from any defendant whose property the garnishee holds or to whom the garnishee owes a debt. 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.

The plaintiff may recover certain moneys expended to enforce a judgment from garnishment proceedings before crediting the proceedings against the judgment including: Garnishee's search fees; Fees for delivery of writs of garnishment; Circuit and district court fees; County court fees; County clerk recording fees; and Costs of execution. Or. Rev. Statute. Ann. _ 29.367.

Interest Rate at which Judgments Accrue The rate of interest on judgments for the payment of money is nine percent per annum. Interest on a judgment accrues from the date of entry of the judgment unless the judgment specifies another date. Interest on a judgment is simple interest. A judgment on a contract bearing more than nine percent interest shall bear interest at the same rate provided in the contract as of the date of entry of the judgment. Or. Rev. Statute. Ann. _ 82.010. Applicable Forms Or. Rev. Statute. Ann. _ 29.145. Or. Rev. Statute. Ann. _ 29.147. Or. Rev. Statute. Ann. _ 29.225.

So my response to your question is correct:

1) you will need to read the judgement order on who the garnishment will attach, both of you or only one of you.

2) If the order was improper, you will need to appeal or request a rehearing to get it correct.

Please re-read my response and if you need further clarification please post a proper question. Thank you.
Customer: replied 10 years ago.
Reply to Lawyer, Broker 's Post: my intial question was can both be garnished if married and only one has the bill in her name. you stated it depends on the judgement, an attorney just called me and told me that they can only garnish one the person who owes the bill.
so i do not except your reply, nor feel that i should pay , thank you
Expert:  Attorney & Mediator replied 10 years ago.
Thank you for your reply you do not need to accept, but you just confirmed by answer with the response of the lawyers, and I stand corrected. Have a nice day.
Customer: replied 10 years ago.
Reply to Lawyer, Broker 's Post: THANK YOU FOR YOUR TIME , AND EFFORT,
XXXXX XXXXX