WillingToFight
Member
What is the name of your state (only U.S. law)? Oregon
I have a judgment lien I'm attempting to collect on and have filed a Writ of Garnishment upon the Debtor's bank. The bank responded promptly, indicating that there were "no funds available above exempt amount." This didn't come as a surprise to me, but it was the only source I knew of for certain where I could issue a writ without doing a debtor's exam.
The Debtor has now filed a Challenge to Garnishment and the court has set a hearing. All I've received is the notice for the hearing, but not a copy of the Challenge itself.
As I understand ORS 18.700, the Debtor may make a challenge to a garnishment by completing the challenge to garnishment form and by delivering, in person or by first class mail, the original of the completed form to the court administrator for the court specified in the writ of garnishment as the court with authority over the writ and a copy of the completed form to the garnishor. A challenge to a garnishment must be delivered within 30 days after a copy of the writ of garnishment is delivered to the debtor, if the challenge is made on any other basis.
I've also read that the Debtor has the burden to prove timely delivery of a challenge to a garnishment as per ORS 18.710.
The Debtor has not provided me with a copy of the Challenge. Since a hearing has been set, shouldn't this have been done? Or does providing me with a copy at the time of the hearing meet this requirement?
I'd like to be prepared at the hearing by knowing exactly what is being challenged.
Thanks for your help.
I have a judgment lien I'm attempting to collect on and have filed a Writ of Garnishment upon the Debtor's bank. The bank responded promptly, indicating that there were "no funds available above exempt amount." This didn't come as a surprise to me, but it was the only source I knew of for certain where I could issue a writ without doing a debtor's exam.
The Debtor has now filed a Challenge to Garnishment and the court has set a hearing. All I've received is the notice for the hearing, but not a copy of the Challenge itself.
As I understand ORS 18.700, the Debtor may make a challenge to a garnishment by completing the challenge to garnishment form and by delivering, in person or by first class mail, the original of the completed form to the court administrator for the court specified in the writ of garnishment as the court with authority over the writ and a copy of the completed form to the garnishor. A challenge to a garnishment must be delivered within 30 days after a copy of the writ of garnishment is delivered to the debtor, if the challenge is made on any other basis.
I've also read that the Debtor has the burden to prove timely delivery of a challenge to a garnishment as per ORS 18.710.
The Debtor has not provided me with a copy of the Challenge. Since a hearing has been set, shouldn't this have been done? Or does providing me with a copy at the time of the hearing meet this requirement?
I'd like to be prepared at the hearing by knowing exactly what is being challenged.
Thanks for your help.