We are not attorneys and can not give legal advice. We can prepare your documents at your direction by following the procedures set by the court and having an Oregon attorney review and issue the documents.
How long do I have to collect on an Oregon Judgment after I win the case?
You have 10 years from date of judgment to collect. You’re also gaining 9% interest from the date of that Judgment until paid in full.
What about the cost to prepare, file & serve the writ of garnishment?
You advance the fees but the costs are added to the total amount the defendant owes you. All costs will be added to the writ of garnishment, so the defendant will end up paying you back all costs.
Is the total cost for garnishment assistance only $125.? What about court fees?
Yes, we only charge $125 for local garnishment assistance, per garnishment. Local service includes most addresses in the Portland Metro area and most surrounding cities. Other locations in Oregon will run $5 to $20 more most of the time. See our Process Serving page for details on costs outside the local area or call or email for a price quote. You will not have to pay court fees to issue the writ of garnishment as we have an Oregon Attorney review and issue the writ of garnishment. That’s a savings of $45, the costs OR Courts charge to review and issue the writ of garnishment.
How long will it take to prepare all the documents have them reviewed and issued by and an attorney and then served by the process server?
10 to 14 business days on average from the time you submit all the information.
Can we garnish employers or banking institution outside of Oregon?
Any company or banking institution doing business in Oregon is required to respond to a writ of Garnishment. However, if the employer or bank is outside of Oregon it will be up to the employer or bank to decide if they will honor the writ of garnishment. We have found that most of the time they do. You can call them and ask or just give it a shot and see if they respond to the garnishment. Either the defendant or the employer must be in Oregon to proceed. Other option is to transfer the judgment to the county/state the Defendant lives and then use that States garnishment procedures.
What if I do not know the Defendant’s Place of Employment or Banking Institution?
To collect on a judgment with a garnishment you will need to have that information. We can search for the Defendant’s place of employment or search for the Defendant’s banking relationships. We are your Information Retrieval source. Call or email for more info.
Can I garnish The State of Oregon to get the defendants tax return money?
Yes, you can garnish the Oregon Department of Revenue. We have only had a few Clients do this but none of them have reported back to us, so not sure how successful it was. You may want to contact the Oregon Department of Revenue 1-800-356-4222 for more info. The State of Oregon will require a full DOB & SS#. We can locate that for you for $30.
Is the Defendant’s date of birth (DOB) or Social Security Number (SS#) required for a writ of garnishment?
Usually most employers will not need a DOB or SS#. However when garnishing a bank it is highly recommend that a DOB and SS# are listed. If the bank has more than one person with the same name, they will need a DOB and/or SS#. We can pull DOB & SS# for $30., if requested by the Client. If a DOB and/or SS# is not provided the bank may not be able to answer the writ of garnishment and may return stating not enough info provided to do a proper search of bank records. We charge $10 to pull DOB. We charge $20 to pull a SS#.
What if I do not have a judge signed copy of my Oregon Judgment?
You can go to the court and get a copy or pay us $20 and we will obtain a copy for you.
How long does it take to receive a response and receive funds?
An Oregon employer or bank is required to send you and the court a response within 9 days.
What if the bank or employer does not respond within 9 days?
That does not happen to often as most Oregon Companies and Banks understand they are required to respond. Just give them (Employer or Bank) a call if you do not receive a response. Then if you still do not get a response, you can request a Court Order and order them to explain to the Judge why they did not follow the law. The Judge may hold the bank or employer responsible for the entire amount. We have seen that a few times. Actually good for our Client, not so good for the bank or employer.
Can we garnish a bank account and the employment at the same time?
Yes, kind of. First we will garnish the bank. Then after you receive a response and funds from the bank we can then garnish the employer for the balance and all fees.
Will the debtor know I have garnished his or her bank accounts or employer?
Yes, notices are required to be sent out after service. We will take care of that a few days after the writ of garnishment has been served by a professional insured process server as required by Oregon law.
How do if figure out the interest rate?
This page will provide you with more information. PI Info Interest Rate and Payment Helper
Writ of Garnishment served on a bank:
Do I need to have the Defendant’s bank account numbers?
No, just the name of the bank? Such as, Wells Fargo, US Bank, Bank of America, etc.
How long is a bank garnishment good for?
One day. The Writ of garnishment will hit all accounts at that banking institution the same day our professional process servers serve at the bank.
Can we pick the day the writ of garnishment gets served on the bank?
Yes you can, if the bank is in the local area. If the bank is outside of the local area we will do our best to serve it the day your request or with in a few days. After we have the writ ready to serve, we will contact you and see what day you would like to serve the writ. The day we deliver it to the bank is the day the bank will pull funds from the account. We think most people have the most funds in there account the first few days of the month, as most people have to pay a mortgage or rent.
If a Defendant’s bank is garnished, will I get all the money?
Yes, up to the total amount the Defendant owes you, if money is in the account on the day we serve the writ of garnishment paperwork on the bank.
What is the $15 bank search fee for?
Banks charge a $15 fee per garnishment submitted. The fee (check) is required for the bank to search and find all accounts within that banking institution. We charge $5 to write a check and advance this fee for the bank.
Can we garnish multiple banks at the same time? Can we garnish one Bank multiple times?
Yes, you can garnish as many banking institutions as you like at the same time. Yes, you can garnish any bank as many times as you like until the Judgment is paid in full, within 10 years from date of judgment.
Writ of Garnishment served on an employer:
How long is a employment garnishment good for?
90 days from date of Service.
How much money will I get over the 90 days?
25% of the Defendant’s pay will be sent to you by the Defendant’s employer.
If at the end of 90 days the Defendant still owes me money, then how do I get the rest?
We can do a second writ of garnishment for another 90 days.
How long does it take to receive money from the Defendant’s employer after we serve the writ?
That depends on how often they get paid. Maybe once a week or every two week or once a month. The employer is required to respond with 9 days. If not contact the employer and talk to the HR Department.
Can I hire some guys’ named Guido & Rocky to go squeeze the Defendant for the money?
No. Do not do that. Do not tell them you are going to garnish them either. They may quit their job or empty their bank account. That will just make it harder for you to get your money. Call us and we will go get them for you!
We are not attorneys and can not give legal advice. We can prepare your documents at your direction by following the procedures set by the court and having an Oregon attorney review the documents. The attorney will not be representing the clients, just issuing the garnishment based on a valid Oregon Judgment filed with the Oregon Courts.
– Thanks for checking out the entire page! Give us a call or an email if you have any other questions or concerns.