Definitions

As used in ORS 18.600 to 18.850: (1) “Account” means an account at a financial institution, including a master account or subaccount, to which an electronic payment may be directly routed. (2) “Check” has the meaning given that term in ORS 73.0104. (3) “Creditor” means a person to whom a debt is owed by a debtor. (4) “Debt” means any monetary obligation for which a garnishment may be issued under ORS 18.605. (5) “Debtor” means a person whose property is being garnished for the purpose of paying a debt owed to a creditor. (6) “Federal benefit payment” means: (a) A benefit payment from the United States Social Security Administration that is protected under 42 U.S.C. 407 and 1383(d)(1); (b) A benefit payment from the United States Department of Veterans Affairs that is protected under 38 U.S.C. 5301(a); (c) A benefit payment from the Railroad Retirement Board that is protected under 45 U.S.C. 231m(a) and 352(e); or (d) A benefit payment from the United States Office of Personnel Management that is protected under 5 U.S.C. 8346 and 8470. (7) “Financial institution” means a financial institution or trust company as those terms are defined in ORS 706.008. (8) “Garnishable property” means all property described in ORS 18.615, but does not include: (a) Any property that is not subject to garnishment under ORS 18.618; and (b) Any property that is applied as a setoff under ORS 18.620 or 18.795. (9) “Garnishee” means a person to whom a writ of garnishment has been delivered. (10) “Garnishment account review” means the process of examining deposits to an account to determine whether benefit payments described in ORS 18.785 (2)(c)(B) have been deposited in the account during the lookback period described in ORS 18.785 (2)(d). (11) “Garnishor” means: (a) The creditor, if the writ is issued by the court administrator on behalf of the creditor under ORS 18.635 (2); or (b) The issuer, if the writ is issued under ORS 18.635 by any person other than the court administrator. (12) “Past due support” means the amount of child or spousal support, or both, determined under a court or administrative order in a proceeding under ORS 25.501 to 25.556 or ORS chapter 107, 108, 109, 110, 419B or 419C that has not been paid or is certified to be owed by another state under ORS 25.083. (13) “Wages” includes all amounts paid for the services of an employee by an employer, including amounts paid as a commission or bonus. (14) “Writ” means a writ of garnishment. [2001 c.249 §1; 2003 c.85 §2; 2003 c.576 §47; 2005 c.542 §62; 2011 c.733 §1; 2019 c.13 §4; 2024 c.100 §7] (Garnishment Generally)