[jengi]

I have won a civil suit against a person that owes me $5000 in the state of OR. How do I find the legal documents I need to fill out to have her wages garnished?

[JudyKayTee]

I have won a civil suit against a person that owes me $5000 in the state of OR. How do I find the legal documents I need to fill out to have her wages garnished?

What legal documents? Do you know where she works and banks?

"Oregon law limits the amount that a creditor can garnish (take) from your wages for repayment of debts. Oregon's wage garnishment limits are similar to those found in federal wage garnishment laws (also called wage attachments). For the most part, creditors with judgments can take only 25% of your net wages after required deductions. However, for a few types of debts, creditors can take more.

A wage garnishment or wage attachment is an order from a court or a government agency that is sent to your employer. It requires your employer to withhold a certain amount of money from your paycheck and then send this money directly to your creditor.

Different garnishment rules apply to different types of debt -- and there are legal limits on how much of your paycheck can be garnished.

Most creditors cannot get a wage garnishment order until they have first obtained a court judgment stating that you owe the creditor money. For example, if you are behind on credit card payments or owe a doctor's bill, those creditors cannot garnish your wages (unless they sue you and get a judgment).

Federal law places limits on wage garnishment amounts. While states are free to impose stricter limits, Oregon has not done so. Oregon's limits are almost identical to the federal wage garnishment limits. Here are the rules:

Creditors are allowed to garnish the lesser of:

25% of your disposable earnings, or
the amount by which your disposable earnings exceed $218 per week, $435 per two-week period, $468 per half-month period, and $936 per month.
“Disposable earnings” are those wages left after your employer has made deductions required by law.

Example. Let's assume you earn $1,500 per week and your net wages (disposable earnings) are $1,200 after all required deductions. Your wages can be garnished up to $300 ($1,200 times 25%) or $982 ($1,200 minus $218) per week, whichever is less. As a result, your wages may be garnished up to $300 per week.

If you have more than one garnishment, the total amount that can be garnished is limited to 25%. For example, if the federal government is garnishing 15% of your income to repay defaulted student loans and your employer receives a second wage garnishment order, the employer can only take another 10% of your income to send to the second creditor.

Restrictions on Job Termination Due to Wage Garnishments
Complying with wage garnishment orders can be a hassle for your employer; some might be inclined to terminate your employment rather than comply with the order. State and federal law provides some protection for you in this situation.

According to federal law, your employer cannot discharge you if you have one wage garnishment. However, federal law won't protect you if you have more than one wage garnishment order.

In Oregon, an employer can't fire you because you are having your wages garnished."

http://www.nolo.com/legal-encycloped...ment-laws.html