Oregon Fair Debt Consumer Guide
Learn about your legal rights when facing Debt Collector Problems. Research the applicable laws that could help protect you when a debt collector is attempting to seize your assets, garnish your wages or continue collection of a debt that is outside Oregon's Statutes Of Limitations. Oregon phone recording laws could assist you in gathering proof of the debt collector's illegal tactics; find out whether recording your debt collector's phone conversation is permitted in your state.
The Oregon Fair Debt Collection Consumer Practices Guide summarizes Oregon's laws on wage garnishment, property and asset seizures and state statutes of limitations on debt collection and could provide the ammunition you need to stop or limit creditors and collectors from harassing you, garnishing your wages or bank accounts, and from seizing your property through liens, thus limiting your overall financial exposure.
This Guide does not include information concerning the FTC's Credit Practices Rule, state consumer protection laws or information regarding exemption provisions found in laws other than the state's general exemption laws and is not intended to substitute for the advice of an attorney.
Oregon Consumer Debt Exemption Laws
If a debt collector threatens to seize your property or your assets, you could be protected under Oregon’s Consumer Debt Exemption Laws. Read the summarized information below to learn how to protect what you own and what you cannot protect from seizure. You could significantly strengthen your bargaining position with debt collectors by knowing your rights under Oregon Debt Exemption Law!
The State of Oregon has opted out of federal bankruptcy exemptions - Oregon Revised Statutes § 23.305.
Wages: Oregon Revised Statutes §§ 23.175 and .186.
Homestead: Oregon Revised Statutes §§ 23.160, .164, .240, .250.
Tangible personal properly: Oregon Revised Statutes §§ 23.160, .200.
Benefits, retirement plans, insurance, judgments, and other intangibles:
Oregon Revised Statutes §§ 23.160, .166, .170.
Oregon Debt Statutes of Limitation
Your debt may have expired under Oregon’s Statutes of Limitations, and may be considered uncollectible. Read the summary below to see the length of time certain types of debt can continue to be collected under the Oregon Debt Statutes of Limitations, don’t let a collector threaten to take you to court over an expired debt.
Oregon Debt Statutes of Limitation
Unlawful trade practices: 1 year, (ORS 646.638(5).
NOTE: There is no statute of limitations for a cause of action brought as a counterclaim to an action by the seller. (ORS 646.638(6)).
Contract or liability: 6 years, (ORS 12.080)
Judgment: 10 years, (ORS 12.070).
Oregon Wage Garnishment Procedural Requirements
Wage garnishment doesn’t mean a debt collector or creditor is entitled to take all your money. Under Oregon’s Wage Garnishment Laws, there are limits and protections on just how much can be taken from your paycheck.
Read the summary below to learn your garnishment rights under Oregon law.
Oregon Wage Garnishment Procedural Requirements
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.
Oregon (Debt Collector) Call Recording Law
Under Oregon State and Federal Call Recording Laws, you could record the actual phone conversation with a debt collector in your efforts to stop debt collectors from calling! Oregon is a one party consent state, meaning only the permission of one person on the call is necessary to record. YOU ALONE can be considered the one party to give consent, thus you do not need a debt collectors permission to record the phone conversation in the state of Oregon.
Research and find additional information about Federal Call Recording Laws and learn what call recording procedures are legal in other states.