Oregon Laws on Wage Garnishments, Statute of Limitations on Debt and Bankruptcy Property Exemptions
WAGE GARNISHMENT EXEMPTION: 75% of disposable earnings or 40 times the federal minimum hourly wage, whichever is greater
MAXIMUM INTEREST RATE: Judgment: 9% or contract rate
STATUTE OF LIMITATIONS ON ENFORCEMENT:
Open Account (credit cards): 6 years Written Contract: 6 years Domestic Judgment: 10 years (renewable) Foreign Judgment: 10 yearsBAD CHECK LAW DAMAGES: Amount of check plus attorney's fees and three times amount of check
OREGON BANKRUPTCY PROPERTY EXEMPTIONS (Oregon Revised Statutes):
Can use either the federal exemptions or the state exemptionslisted below
The State of Oregon has exempted the property and income listed below from seizure by the bankruptcy court to pay creditors:
Real Property: Real property, mobile home, or houseboat used as residence up to $25,000 or $33,000 for joint owners ($23,000 if mobile home and $30,000 for joint owners of mobile home); property may not exceed one block in city or town or 160 acres elsewhere; sale proceeds are exempt for one year if held to purchase another home [23.164, 23.240 and 23.250]
Personal Property: Furniture, household goods, radios, TVs, and utensils up to $3,000 total [23.160(1)(f)]; books, pictures and musical instruments up to $600 total [23.160(1)(a)]; bank deposits consisting of exempt wages or pension up to $7,500 [23.166]; food and fuel to last 60 days [23.160(1)(f)]; clothing, jewelry and personal items up to $1,800 total [23.160(1)(b)]; motor vehicle up to $1,700 [23.160(1)(d)]; one firearm up to $1,000 [23.200]; burial plot, unlimited amount [65.870]; pets and poultry with 60 day supply of food up to $1,000 [23.160(1)(e)]; health aids, unlimited amount [23.160(1)(h)]; library, tools, business equipment and one team with food to last 60 days, up to $3,000 [23.160(1)(c)]; personal injury recoveries up to $10,000 [23.160(1)(j)(B)]; lost future earnings payments, amount needed for support [23.160(1)(j)(C)]; proceeds from sale of exempt property up to exemption amount [23.164]; any personal property not listed above up to $400 [23.160(1)(k)]
How to Deal with Debt Collectors
Federal and State Laws Regarding Debt Collection
State Laws Regulating Wage Garnishments
Insurance / Annuities: Annuity contract benefits to $350 per month [743.049]; fraternal society benefits, unlimited amount [748.207]; health or disability proceeds, unlimited amt [743.050]; group life insurance policy or proceeds not payable to insured, unlimited amount [743.047]; life insurance proceeds or cash value if debtor is not the insured, unlimited amount [743.046]
Pensions / Retirement Plans: Retirement benefits, unlimited amount [746.146]; public officials and employees, unlimited amount [238.445 and 746.147]; public school employees, unlimited amount [239.261 and 746.148]
Public Benefits / Entitlements: Aid to aged, blind and disabled, unlimited amount [412.115, 412.610 and 413.130]; unemployment compensation, unlimited amount [657.855]; workers compensation, unlimited amount [656.234]; medical assistance, unlimited amount [414.095]; civil defense and disaster relief, unlimited amount [401.405]; crime victims compensation, unlimited amount [23.160(1)(j)(A) and 147.325]; general assistance, unlimited amount [411.760]; inmates injury benefits, unlimited amount [655.530]; vocational rehabilitation, unlimited amount [344.580]
Wages: 75% of earned but unpaid wages [23.185]
Miscellaneous: Alimony and child support, amount needed for support [23.160(1)(i)]; liquor licenses, unlimited amount [471.301(1)]; business partnership property, unlimited amount [68.420]
