Oregon Writ of Garnishment: How to File and What You Need

You won your small claims case in Oregon. The judge entered a money judgment in your favor. Weeks pass and the debtor hasn't paid a cent. Now you're staring at a court system that explicitly tells you it does not collect judgments on your behalf.

A writ of garnishment is one of the most effective tools Oregon gives judgment creditors. It lets you reach money the debtor has sitting in a bank account or wages coming from an employer, without needing the debtor's cooperation.

Who Can Issue the Writ

Under ORS 18.635, writs of garnishment can be issued by court clerks or by attorneys admitted to the Oregon State Bar. If you're a self-represented judgment creditor holding a small claims judgment, the court administrator of the court that entered your judgment issues the writ.

You'll pay the clerk a filing fee. In circuit court, the fee is $47 under ORS 21.235(2). In justice court, the fee is $20, plus you may need a $9 certification fee if you're transcribing the judgment to circuit court first.

The Required Garnishment Documents

Under ORS 18.650(1), deliver the writ, a Garnishee Response form, instructions to the garnishee, and a Wage Exemption Calculation form to the garnishee. Employers use the last form to calculate protected wages. For a bank garnishment, the $15 search fee must also be paid to the financial institution under ORS 18.790.

The Debt Calculation Form (ORS 18.832), a notice of exemptions, and a challenge form are sent to the debtor by the person who delivered the writ under ORS 18.658; they are not part of the garnishee packet.

The court does not compile these documents for you. Multnomah County Circuit Court explicitly directs litigants to obtain garnishment forms from legal stationery stores. You're responsible for delivering each item required for the type of garnishment.

Delivering the Writ

Garnishments in Oregon are delivered, not formally served under ORCP 7. Delivery must happen through one of these methods:

• A county sheriff
• A competent person who is at least 18, an Oregon resident, and not a party or attorney in the case; a non-sheriff server must carry the required $100,000 errors-and-omissions insurance
• Certified mail with return receipt requested

If you're garnishing a bank account, the $15 search fee must be paid to the financial institution under ORS 18.790. If it is not paid, the garnishment is ineffective and the bank need not respond.

The sheriff charges $25 to deliver a writ of garnishment. Deschutes and Malheur Counties publish a $50 mileage surcharge for service locations more than 75 miles round-trip from the courthouse.

What Happens After Delivery

Once the garnishee receives the writ, several statutory deadlines apply:

• 7 calendar days: the garnishee must complete and return the Garnishee Response form to you
• Promptly after delivery: the person who delivered the writ must mail or deliver the debtor a copy of the writ, the original Debt Calculation Form, a notice of exemptions, and a challenge form under ORS 18.658
• 3 business days after the account review: a bank must send the debtor its separate notice about the base protected balance under ORS 18.785
• 30 or 120 days: the debtor generally has 30 days after delivery of the writ copy to challenge, or 120 days to challenge the exemption calculation for wages

A wage garnishment stays effective for 90 days from delivery under ORS 18.609. Only one civil wage garnishment can run against an employer for a single debtor at a time. Child support withholding orders take priority over civil money judgment garnishments regardless of when they were delivered.

A bank garnishment works differently — it captures only the funds in the account at the exact moment the bank receives the writ. It doesn't attach to later deposits. To get funds deposited after the first garnishment, you'd need to issue a new writ.

Common Mistakes That Void the Garnishment

The most frequent errors that get garnishment packets rejected:

• Missing any item required by ORS 18.650 — the garnishment is ineffective to garnish any property, and the garnishee need not respond
• Not sending the debtor notices — ORS 18.658 requires the person who delivered the writ to promptly send the listed documents
• Forgetting the $15 bank search fee when garnishing a bank account
• Using outdated wage exemption figures on the ORS 18.840 form — the statutory floors change on a schedule set by the Family Financial Protection Act (SB 1595)
• Delivering the writ before the judgment is properly entered in the court register

When You Need More Than a Garnishment

If the debtor's employer responds that the debtor no longer works there, or the bank responds with a zero balance, you're not out of options. You can request a judgment debtor examination under ORS 18.265 to compel the debtor to answer questions about their property and income under oath. You can also pursue a writ of execution against tangible personal property, or record a judgment lien against real property.

Oregon judgment remedies generally last 10 years under ORS 18.180 (circuit court) or ORS 18.194 (justice or municipal court) and may be extended once for another 10 years. Interest generally accrues at 9% annually under ORS 82.010; a judgment may specify another accrual date, and a contract rate above 9% applies to a judgment on that contract, so time is on your side even if the debtor is currently uncollectable.

Our Oregon Judgment Collection Guide walks through every enforcement tool in order, with the exact forms, fees, and filing sequences for each one. It's built specifically for self-represented creditors who already won their case and need to turn that judgment into actual money.

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