How to Serve a Writ of Garnishment or Execution in Oregon (ORS 18.600–18.850)

Who May Issue and Serve a Writ of Garnishment in Oregon?

Oregon’s garnishment framework (ORS 18.600 through 18.850) is designed for rapid judgment enforcement once a Money Award has been entered on the Circuit Court judgment docket. Under ORS 18.635, an active member of the Oregon State Bar may issue and sign a Writ of Garnishment directly from their law office without waiting for a court clerk’s signature, whereas self-represented judgment creditors must have the writ issued by the Circuit Court clerk (or utilize a licensed collection agency).

Under ORS 18.652(1), once issued, a Writ of Garnishment may be delivered to the garnishee personally by any person who is 18 years of age or older, is not a party to the action (nor an officer, director, employee, or attorney of a party), and maintains the $100,000 E&O insurance required by ORCP 7 E if compensated. Why do Oregon collection attorneys strongly prefer personal process server delivery over certified mail for bank garnishments? Because personal delivery on a bank branch manager or corporate registered agent freezes the debtor’s bank funds at the exact minute of hand-delivery, eliminating the multi-day mail room delay during which a debtor can drain their account.

Serving Banks & Credit Unions: The Mandatory $15 Search Fee (ORS 18.790)

One of the strictest statutory traps in Oregon post-judgment practice is ORS 18.790. Whenever a Writ of Garnishment is delivered to a "financial institution" (any bank, savings and loan, or credit union such as U.S. Bank, OnPoint Community Credit Union, Chase, Wells Fargo, Bank of America, or Umpqua Bank), the creditor or process server MUST pay a $15.00 search fee to the financial institution for each judgment debtor named in the writ.

Under ORS 18.790(2), if the $15.00 search fee is not delivered at the time the Writ of Garnishment is served on the financial institution, the writ is completely ineffective to garnish any funds held by that bank, and the financial institution is not even required to file a Garnishee Response! Note that this $15.00 fee applies only to financial institutions; you do not pay a $15 search fee when serving an employer for a wage garnishment.

• Original + Copy of the Writ of Garnishment (ORS 18.650).
• Garnishee Response Form (blank statutory form for the bank or employer to complete within 7 calendar days under ORS 18.680).
• Instructions to Garnishee (mandatory statutory instruction sheet).
• Wage Exemption Calculation Form (required whenever garnishing wages or salary at an employer).
• Mandatory $15.00 Search Fee Check (required under ORS 18.790 ONLY when the garnishee is a bank, credit union, or financial institution).

Where to Serve National Banks & Oregon Employers

Under ORS 18.652, a Writ of Garnishment directed to a financial institution or corporate employer may be served personally on the entity’s Oregon Registered Agent (such as CT Corporation System at 780 Commercial St SE in Salem or CSC at 1127 Broadway St NE in Salem) or at a designated Oregon branch/office upon the manager, cashier, or person in charge of the office.

Once served, the garnishee has only seven (7) calendar days under ORS 18.680 to prepare and send its Garnishee Response. For wage garnishments, a single Writ of Garnishment in Oregon creates a continuing lien on non-exempt disposable earnings for 90 calendar days under ORS 18.625(2)(b).

Mandatory Post-Service Notice to the Judgment Debtor (ORS 18.658)

Immediately following delivery of the Writ of Garnishment to the bank or employer, ORS 18.658 requires that the judgment debtor be served (either personally or by certified/first-class mail in accordance with the statute) with the debtor packet: a copy of the Writ of Garnishment, the original Debt Calculation form, the Notice of Exempt Property, and the blank Challenge to Garnishment form.