Or. Rev. Stat. § 18.385 :
18.385. Wage exemption; waiver; discharge of employee for garnishment prohibited
(1) Except as provided in this section, 75 percent of the disposable earnings of an individual are exempt from execution.
(2) The disposable earnings of an individual are exempt from execution to the extent that payment under a garnishment would result in net disposable earnings for an individual of less than the following amounts:
(a) $170 for any period of one week or less;
(b) $340 for any two-week period;
(c) $368 for any half-month period;
(d) $731 for any one-month period; and
(e) For any other period longer than one week, $170 multiplied by that fraction produced by dividing the number of days for which the earnings are paid by seven. The amount calculated under this paragraph must be rounded to the nearest dollar.
(3) If an individual is paid for a period shorter than one week, the exemption calculated under subsection (2) of this section may not exceed $170 for any one-week period.
(4) An employer shall deduct from the amount of disposable earnings determined to be nonexempt under subsections (1) to (3) of this section any amounts withheld from the individual's earnings for the same period of time under an order issued pursuant to ORS 25.378, 419B.408 or 419C.600 or ORS chapter 110. The employer shall make payment under a garnishment only of those amounts remaining after the deduction is made.
(5) Subsections (1) to (4) of this section do not apply to:
(a) Any order of a court of bankruptcy.
(b) Any debt due for federal tax.
(6) Subsections (2) to (4) of this section do not apply to any debt due for state tax. Subsection (1) of this section does not apply to a debt due for state tax if a state agency issues a special notice of garnishment under ORS 18.902 (6).
(7) A court may not make, execute or enforce any order or process in violation of this section.
(8) Any waiver by an individual of the provisions of this section is void.
(9) An employer may not discharge any individual because the individual has had earnings garnished.
Last Amended: 2011
2011
Laws 2001, c. 249, s 69b (enacted in lieu of 23.185); Laws 2007, c. 496, s 9, eff. Jan. 1, 2008; Laws 2007, c. 496, s 14, eff. Jan. 1, 2009.
HISTORICAL AND STATUTORY NOTES
2009 Electronic Update
2007 Legislation
Laws 2007, c. 496, s 9, amended this section by substituting "$183" for "$170" in Subsecs. (2)(e) and (3); and rewriting Subsecs. (2)(a) through (2)(d), which prior thereto read:
"(a) $170 for any period of one week or less;
"(b) $340 for any two-week period;
"(c) $368 for any half-month period;
"(d) $731 for any one-month period; and"
Laws 2007, c. 496, s 14, amended this section by substituting "$196" for "$183" in Subsecs. (2)(e) and (3); and rewriting Subsecs. (2)(a) through (2)(d), which prior thereto read:
"(a) $183 for any period of one week or less;
"(b) $366 for any two-week period;
"(c) $394 for any half-month period;
"(d) $786 for any one-month period; and"
Laws 2007, c. 496, ss 13 and 18, provide:
"SECTION 13. The amendments to ORS 18.385, 18.840, 18.845 and 18.896 by sections 9 to 12 of this 2007 Act become operative on the effective date of this 2007 Act, and apply only to writs of garnishment and notices of garnishment delivered on or after January 1, 2008."
"SECTION 18. The amendments to ORS 18.385, 18.840, 18.845 and 18.896 by sections 14 to 17 of this 2007 Act become operative on January 1, 2009, and apply only to writs of garnishment and notices of garnishment delivered on or after January 1, 2009."
Formerly: 23.186.
(9) An employer may not discharge any individual because the individual has had earnings garnished. [Formerly 23.186; 2007 c.496 §§9,14; 2011 c.228 §1