Note: In some of the answer sections of this booklet you will see references to ORS, which stands for Oregon Revised Statutes. For example, ORS 90.110. These references are to some of Oregon's landlord-tenant laws. These statutes can be found in most libraries as a part of a sixteen-volume set. You do not need to read these laws to use this booklet.
The law says that some property, wages, and money are exempt from collection - which means they cannot be taken from you to pay unpaid rent or other money you owe a landlord. Go here for a list of exempt wages, money, and property. If you believe that the landlord is garnishing exempt wages or money or is taking exempt property, you may file a Claim of Exemption so you can keep the money or property. You should only file a Claim of Exemption if you have good reason to believe that one of the exemptions listed here applies to your wages, money or property. But, when a landlord uses the sheriff to take your property or mobile home, you may not be permitted to use a claim of exemption to get the property back. Contact a lawyer to find out.
After you file a Claim of Exemption, there will be a hearing in court and a judge will decide if you will be able to keep the money or property.
Where Do I Get a Claim of Exemption Form?
You will receive the Claim of Exemption papers when your wages or bank account are garnished or when the sheriff takes your property.
When Should I File a Claim of Exemption?
For a one-time garnishment (such as garnishing your bank account), you must file the claim within 30 days of receiving the papers. For a continuing garnishment (such as garnishing your wages), you must file the claim within 120 days of receiving the papers. But you should file the claim as soon as you can.
How Do I File a Claim of Exemption?
– Fill out the Claim of Exemption form. The landlord's name should be written on the line for the 'plaintiff.' Write your name on the 'defendant' line. List the property or money that you believe is exempt and should not be taken. To explain why the property is exempt, look at the list here on this web site and copy from the list the exemption that applies.
– Make a copy of the completed form for you to keep. Take the original to the court clerk at the courthouse or mail the claim to the clerk at the address listed on the garnishment papers.
– Ask the court clerk when your court hearing will be held.
– Get ready for the hearing by making sure you can give evidence about the value of the things you are claiming and which exemptions they fall under. It is a good idea to write some notes to use at the hearing.
– Go to the hearing on time. If you can, bring someone with you for personal support.
– Present your information to the judge clearly and briefly. Respond to questions politely. Keep calm.
– Give the order signed by the judge to the sheriff or person holding your things and claim them. You should argue that you do not owe storage costs because that would defeat the purpose of the exemptions, which is to make sure that you can keep your basic necessities of life.