Does Oregon law require an employer to respond to a garnishment of wages received from an employee´s creditor?
A. Yes. When a creditor, or “garnishor,” issues a proper writ of garnishment and serves the document on anyone “apparently in charge” of the office, the employer, also known as the “garnishee,” must prepare a response within seven calendar days. The employer must process the garnishment, first examining the writ to determine if it has been properly issued, and then completing a wage exemption calculation form that the creditor must provide. Generally, the writ must be issued and signed by the clerk of a court or an attorney who is an active member of the Oregon State Bar. The employer is required to withhold wages of the employee, or “debtor,” for a period of 90 days from the receipt of the writ, unless the debt is fully paid or released sooner than that time. If an employer fails to respond to the writ or fails to deliver payment to the creditor on time, ORS 18.775 makes the employer liable to the creditor. The Oregon legislature revamped the garnishment statutes in 2001, moving them
