How Do I File a Challenge to Garnishment?
When a debt collector takes money from your paycheck or bank account, it's called garnishment. Oregon law protects some or even all of your money from garnishment. Learn more about garnishment here.
If you think a debt collector is taking protected money or taking too much, you may be able to stop it by filing a challenge to garnishment with the court. This means giving the court legal papers explaining what protected money is being taken and asking a judge to stop or lower the garnishment.
But you must act quickly. You have 120 days to challenge a wage garnishment and 30 days to challenge a bank account garnishment.
What is not covered in this article:
- This article covers consumer debts (personal, family, or household expenses). Different rules apply to debts from child or spousal support, taxes, or criminal cases. Learn more about consumer debts here.
- If a debt collector is trying to take your property, like a car or furniture, the process is different. Learn about protections for property here.
Continue below to learn how to file a challenge to garnishment:
1
Get the "Challenge to Garnishment" form
You should have received a "Challenge to Garnishment" form with your garnishment notice. If you don't have it, contact the court or the creditor (the person or business that is garnishing your money) and ask for a copy.
2
Know these legal terms in the form
You may see some legal words on the form. Here's what they mean in plain language:
- Debtor: You are the debtor. This means the person who the court says owes the debt.
- Garnishor: The business or person trying to collect money from you. This is who you owe. On other paperwork, may be referred to as creditor.
- Garnishee: Whoever is taking and sending your money to the garnishor. Usually your employer or your bank.
- Exemption: A protection in the law that says certain money or property cannot be taken to pay a debt.
- Not subject to garnishment: Money or property that cannot be taken under Oregon law, even if you owe the debt.
3
Fill out the form and explain what should be protected
The form will ask you to explain why the garnishment should be stopped or reduced. Write clearly and briefly. If you're not sure what to say, look at the form instructions.
- List how much money is being taken that you believe is protected.
- Explain why it is protected. For example, you might write, "This money came from Social Security," or "I am being garnished for more than I should be."
You can learn more about protected income and protected property here.
4
Attach proof
Find anything that can back up what you are saying and attach it to the form.
If the money is from a protected payment: Benefit statements, award letters, or bank records showing the deposit source
If they are taking too much: Pay stubs and bank records showing your balance and any withdrawals
Protect your personal information. Cross out (redact) details like account numbers, Social Security numbers, or other sensitive information.
5
Make copies
You'll need:
One copy for the court
One copy for the person or business trying to garnish your property, called the garnishor on the paperwork
One copy for your own records
6
Submit the form
Turn in the completed form with the court listed on your garnishment notice. Find your court's contact information here.
Send a copy to the person or business that you owe (listed in the paperwork as the garnishor) or their lawyer, if they have one. Send it by mail or hand delivery unless they have agreed in writing to accept email.
7
Get ready for a court hearing if one is scheduled
The court might schedule a short hearing (time in court to talk to the judge) so you can explain your side. If they do:
Make sure you know when and exactly where the hearing is. If you're not sure, ask a court clerk.
Write down notes about what you want to say ahead of time and practice.
Bring your copies of the proof you gave the court to support your case. Be ready to explain how much money you believe should be protected and why.
8
Go to the court hearing
Be on time.
Bring your documents and notes.
Speak calmly and clearly. You don't need to use legal words—just explain your side.
You can bring someone for support if you'd like.
9
Get the court's decision
Filing the challenge does not automatically stop the garnishment. The court must first decide if you are right.
If the judge agrees with you, they will give a court order to:
- Stop the garnishment, or
- Require your money to be returned.
If the judge does not agree, the garnishment may continue. The court order will explain the decision.
If you think the judge got it wrong, talk to a lawyer about your options.