Oregon Demand Letter Before Garnishment: The 10-Day Requirement

You have a judgment. You're ready to start garnishing the debtor's wages or bank account. But you don't actually know where the debtor works or banks. Before you can compel the debtor to reveal that information through a judgment debtor examination, Oregon law generally requires a formal demand letter — and it has to be done a specific way.

When the Demand Letter Is Required

A demand letter isn't a legal prerequisite for filing a writ of garnishment itself. If you already know the debtor's employer or bank, you can file a garnishment without sending a demand letter first.

Where the demand letter becomes mandatory is when you need a judgment debtor examination. Under ORS 18.265(1)(a), the court will only sign an order compelling the debtor to appear and answer questions about their assets if you can prove one of three things:

1. You served or mailed a written demand for payment at least 10 days ago and the debtor didn't pay
2. A sheriff returned a writ of execution showing the judgment remains unsatisfied
3. A garnishee responded to a writ showing insufficient assets

For most creditors starting the collection process from scratch, the demand letter is the easiest prerequisite to satisfy. You don't need to have already tried and failed at garnishment — you just need to send one letter and wait 10 days from mailing, or service if delivered in the manner of a summons.

How to Send the Demand Letter

The demand must be served in the manner of a summons or sent by mail requiring a receipt. In practice, this means certified mail with return receipt requested through USPS.

Steps:

1. Write the demand letter (details below)
2. Take it to the post office and send it certified mail with return receipt requested
3. Keep the certified mail receipt (the one with the tracking number)
4. When the green return card comes back signed (or marked undeliverable), keep that too
5. Wait at least 10 days from the date of mailing

Both the receipt and the return card become your proof when you file the motion for a debtor examination. If the letter is returned undeliverable, that itself can be evidence supporting your motion — the debtor is evading legitimate communication.

What to Include in the Letter

Oregon doesn't prescribe an exact template, but your demand should contain:

• Your identity as the judgment creditor (name, address)
• The court, case number, and date the judgment was entered
• The original judgment amount and any accrued post-judgment interest (generally 9% per year under ORS 82.010; a judgment may specify another accrual date, and a contract rate above 9% applies to a judgment on that contract)
• A clear demand that the debtor pay the full amount within 10 days
• Where to send payment (your address or a designated PO box)
• A statement that failure to pay may result in enforcement proceedings including garnishment, debtor examination, and liens

Keep it factual. You're establishing a legal prerequisite, not threatening. Overly aggressive language can trigger issues under the Oregon Unlawful Debt Collection Practices Act (OUDCPA) if the letter strays into conduct the statute prohibits.

Why the Letter Sometimes Works on Its Own

Beyond satisfying the debtor exam prerequisite, the demand letter occasionally prompts payment. Some debtors ignored the judgment because they assumed it would go away. A certified letter — especially one that mentions garnishment and debtor examination — signals that you're actually going to enforce. Debtors who have assets to protect sometimes prefer to negotiate a payment plan rather than face a court-ordered financial examination.

After the 10 Days

If the debtor doesn't pay within 10 days after mailing, you've cleared the prerequisite for a debtor examination. File a Motion for Order Requiring Appearance of Judgment Debtor with the court, attaching your certified mail receipt and return card as exhibits.

The court signs an order directing the debtor to appear on a scheduled date to answer questions about their income, bank accounts, real property, vehicles, and other assets. This is the information you need to target your garnishment effectively.

If the demand letter results in partial payment but not full satisfaction, you can still proceed with the debtor exam for the remaining balance. A partial payment doesn't satisfy the judgment and doesn't block your right to enforcement.

If You Skip the Demand Letter

Without satisfying one of the three ORS 18.265(1) prerequisites, the court won't sign the debtor examination order. Filing a motion without the proof gets you a rejection, and you've lost the filing fee and time. The demand letter is the simplest starting point — 10 days from mailing and the cost of certified mail versus the expense and uncertainty of attempting a garnishment blind.

The Oregon Judgment Collection Guide walks through the demand letter, debtor examination, and each subsequent enforcement tool in order — including a sample demand letter framework and the full filing sequence for the debtor exam motion.

See more Oregon guides →