IMPORTANT: This is an excerpt from the 2016 Landlord-Tenant Law in Oregon booklet. All Resources referred to below are available on this website. This information is for general educational use only. It is not a substitute for the advice of an attorney. If you have a specific legal question, you should contact an attorney. The information included here is accurate as of March 2016. Please remember that the law is always changing through the actions of the courts, the legislature, and agencies.
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. (the list below for 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 Challenge to Garnishment so you can keep the money or property. You should only file a Challenge to Garnishment if you have good reason to believe that one of the exemptions listed below 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 Challenge to Garnishment to get the property back. Contact a lawyer for more information.
After you file a Challenge to Garnishment, there will be a hearing in court and a judge will decide if you will be able to keep the money or property.