18.385 Wage exemption
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18.385 Wage exemption.
(1)Except as provided in this section, 75 percent of the disposable earnings of an individual are exempt from execution.
(2)Except as provided in subsection
(6)of this section, 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)For any period of one week or less:
(A)For wages payable before January 1, 2025, $254.
(B)For wages payable on or after January 1, 2025, and before July 1, 2025, $305.
(C)For wages payable on or after July 1, 2025, and before July 1, 2026, $338.
(D)For wages payable on or after July 1, 2026, and before July 1, 2027, $400.
(E)For wages payable on or after July 1, 2027, the minimum wage specified in ORS 653.025 (1), multiplied by 30.
(b)For any two-week period:
(A)For wages payable before January 1, 2025, $509.
(B)For wages payable on or after January 1, 2025, and before July 1, 2025, $611.
(C)For wages payable on or after July 1, 2025, and before July 1, 2026, $675.
(D)For wages payable on or after July 1, 2026, and before July 1, 2027, $832.
(E)For wages payable on or after July 1, 2027, the minimum wage specified in ORS 653.025 (1), multiplied by 60.
(c)For any half-month period:
(A)For wages payable before January 1, 2025, $545.
(B)For wages payable on or after January 1, 2025, and before July 1, 2025, $655.
(C)For wages payable on or after July 1, 2025, and before July 1, 2026, $737.
(D)For wages payable on or after July 1, 2026, and before July 1, 2027, $912.
(E)For wages payable on or after July 1, 2027, the minimum wage specified in ORS 653.025 (1), multiplied by 65.
(d)For any one-month period:
(A)For wages payable before January 1, 2025, $1,090.
(B)For wages payable on or after January 1, 2025, and before July 1, 2025, $1,309.
(C)For wages payable on or after July 1, 2025, and before July 1, 2026, $1,458.
(D)For wages payable on or after July 1, 2026, and before July 1, 2027, $1,792.
(E)For wages payable on or after July 1, 2027, the minimum wage specified in ORS 653.025 (1), multiplied by 130.
(e)For any other period longer than one week:
(A)The following amount multiplied by that fraction produced by dividing the number of days for which the earnings are paid by seven, rounded to the nearest dollar:
(i)For wages payable before January 1, 2025, $254.
(ii)For wages payable on or after January 1, 2025, and before July 1, 2025, $305.
(iii)For wages payable on or after July 1, 2025, and before July 1, 2026, $338.
(iv)For wages payable on or after July 1, 2026, and before July 1, 2027, $400.
(B)For wages payable on or after July 1, 2027, the minimum wage specified in ORS 653.025 (1), multiplied by 30 and multiplied again by that fraction produced by dividing the number of days for which the earnings are paid by seven. The amount calculated under this subparagraph must be rounded to the nearest dollar.
(3)Beginning in 2027, the State Court Administrator shall calculate the exemption amounts specified in subsection
(2)of this section each year on or before July 1 and shall publish the results of the calculations on the Judicial Department website. In making the calculations, the State Court Administrator shall round to the nearest dollar. The adjusted exemption amounts become effective on July 1 of the year in which the State Court Administrator makes the calculation.
(4)If an individual is paid for a period shorter than one week:
(a)The exemption calculated under subsection
(2)of this section may not exceed the following amount for any one-week period:
(A)For wages payable before January 1, 2025, $254.
(B)For wages payable on or after January 1, 2025, and before July 1, 2025, $305.
(C)For wages payable on or after July 1, 2025, and before July 1, 2026, $338.
(D)For wages payable on or after July 1, 2026, and before July 1, 2027, $400.
(E)For wages payable on or after July 1, 2027, the minimum wage specified in ORS 653.025 (1), multiplied by 30.
(b)The exemption calculated under subsection
(6)of this section may not exceed $254.
(5)An employer shall deduct from the amount of disposable earnings determined to be nonexempt under subsections (1),
(2)and
(4)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 or 419B.408 or ORS chapter 110. The employer shall make payment under a garnishment only of those amounts remaining after the deduction is made.
(6)If a writ of garnishment includes or is attached to a notice from a state or federal child support agency, or includes or is attached to an attestation that a debt arises out of a child support or spousal support obligation or a money award judgment that includes restitution, the individual’s disposable earnings are exempt only to the extent that payment under a garnishment would result in net disposable earnings for an individual of less than the following amounts:
(a)$254 for any period of one week or less;
(b)$509 for any two-week period;
(c)$545 for any half-month period;
(d)$1,090 for any one-month period; and
(e)For any other period longer than one week, $254 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.
(7)Subsections
(1)to
(6)of this section do not apply to:
(a)Any order of a court of bankruptcy.
(b)Any debt due for federal tax.
(8)Subsections
(2)to
(6)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 18.855 (6).
(9)A court may not make, execute or enforce any order or process in violation of this section.
(10)Any waiver by an individual of the provisions of this section is void.
(11)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; 2019 c.263 §1; 2021 c.597 §41; 2024 c.100 §3]