ORS 18.385 Wage exemption
Except as provided in this section, 75 percent of the disposable earnings of an individual are exempt from execution.
The disposable earnings of an individual are exempt from execution to the extent that payment under a garnishment would result in net disposable earnings for an individual of less than the following amounts:
$254 for any period of one week or less;
$509 for any two-week period;
$545 for any half-month period;
$1,090 for any one-month period; and
For any other period longer than one week, $254 multiplied by that fraction produced by dividing the number of days for which the earnings are paid by seven. The amount calculated under this paragraph must be rounded to the nearest dollar.
If an individual is paid for a period shorter than one week, the exemption calculated under subsection (2) of this section may not exceed $254 for any one-week period.
An employer shall deduct from the amount of disposable earnings determined to be nonexempt under subsections (1) to (3) of this section any amounts withheld from the individual’s earnings for the same period of time under an order issued pursuant to ORS 25.378 or 419B.408 or ORS chapter 110. The employer shall make payment under a garnishment only of those amounts remaining after the deduction is made.
Subsections (1) to (4) of this section do not apply to:
Any order of a court of bankruptcy.
Any debt due for federal tax.
Subsections (2) to (4) of this section do not apply to any debt due for state tax. Subsection (1) of this section does not apply to a debt due for state tax if a state agency issues a special notice of garnishment under
ORS 18.855 (6).
A court may not make, execute or enforce any order or process in violation of this section.
Any waiver by an individual of the provisions of this section is void.
An employer may not discharge any individual because the individual has had earnings garnished.
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Provenance
2023 Oregon Revised Statutes
Official online edition
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- oregonlegislature.gov
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Version history
Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.
2025 Oregon Revised Statutes — official online source · active · operative text
Official source2023 Oregon Revised Statutes · active · operative text
Official source