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Garnishment

The court clerk can issue a writ of garnishment if there is a judgment and the case is closed. Garnishment forms are available at office supply stores and book stores that sell legal documents. Once you have purchased the form, fill-it-out, sign-it and submit it to the court, the clerk will review the judgment, sign and stamp the writ with the court seal. If you include a self-addressed, stamped envelope, the clerk will return the garnishment to you by mail.  There is a fee for each writ issued.

A creditor or assignee of the creditor can attempt to collect the debt by garnishing the wages and bank accounts of the debtor. Garnishments can be purchased at an office supply store and may be issued by a court clerk or an attorney. A continuing garnishment can only be issued to an employer and is good for 90 days from the date of issuance. After expiration of the garnishment, another garnishment can be issued. Funds garnished are sent directly to the creditor by the employer or financial institution.

Some types of income are exempt from garnishment and the debtor may file a challenge to the garnishment with the court. Challenge forms are to be mailed or served by the process server to the debtor when a garnishment is filed.  When a challenge to garnishment is filed, notice is sent to the garnishee and the garnishor. A hearing is set and a notice of the hearing date is mailed to both parties.

Additional fees will need to be paid to the Josephine County Sheriff's Department for service of the writ.  Contact the Civil Division at 541.474.5145 for the amount of the fee.

If the writ is to garnish an account, the bank will charge an additional fee. You will need to contact the bank for the amount.