ORS 18.896: Challenge to execution form.

(1) The challenge to execution form described in this section does not expand or restrict the law relating to exempt property. A determination as to whether property is exempt from attachment or execution must be made by reference to other law. The form provided in this section may be modified to provide more information or to update the notice based on subsequent changes in exemption laws.

      (2) Except as provided in ORS 18.897, a challenge to execution form must be in substantially the following form:

________ COURT

COUNTY OF ________

______            )           CHALLENGE TO

Plaintiff,         )           EXECUTION

                        )

            vs.       )           Case No. _____

                        )

______            )

Defendant.      )

      THIS FORM MAY BE USED BY THE DEBTOR ONLY FOR THE FOLLOWING PURPOSES:

      (1) To claim such exemptions from execution as are permitted by law.

      (2) To assert that the amount specified in the writ of execution as being subject to execution is greater than the total amount owed.

      THIS FORM MAY BE USED BY PERSONS OTHER THAN THE DEBTOR ONLYTO CLAIM AN INTEREST IN THE PROPERTY THAT IS TO BE SOLD ON EXECUTION.

      THIS FORM MAY NOT BE USED TO CHALLENGE THE VALIDITY OF THE DEBT.

      I/We claim that the following described property or money is exempt from execution:

      I/We believe this property is exempt from execution because (the Notice of Exempt Property at the end of this form describes most types of property that you can claim as exempt from execution):

      I am a person other than the Debtor and I have the following interest in the property:

Name ________           Name ________

Signature ______         Signature ______

Address ______           Address ______

____________              ____________

Telephone                     Telephone

Number ______           Number ______

(Required)                    (Required)

YOU MUST ACT PROMPTLY IF YOU WANT TO GET YOUR MONEY OR PROPERTY BACK. You may seek to reclaim your exempt property by doing the following:

      (1) Fill out the Challenge to Execution form that you received with this notice.

      (2) Mail or deliver the Challenge to Execution form to the court administrator at the address shown on the writ of execution.

      (3) Mail or deliver a copy of the Challenge to Execution form to the judgment creditor at the address shown on the writ of execution.

      You should be prepared to explain your exemption in court. If you have any questions about the execution or the debt, you should see an attorney.

      YOU MAY USE THE CHALLENGE TO EXECUTION FORM ONLY FOR THE FOLLOWING PURPOSES:

      (1) To claim such exemptions from execution as are permitted by law.

      (2) To assert that the amount specified in the writ of execution as being subject to execution is greater than the total amount owed.

      YOU MAY NOT USE THE CHALLENGE TO EXECUTION FORM TO CHALLENGE THE VALIDITY OF THE DEBT.

      IF YOU CLAIM AN EXEMPTION IN BAD FAITH, YOU MAY BE SUBJECT TO PENALTIES IMPOSED BY THE COURT THAT COULD INCLUDE A FINE. Penalties that you could be subject to are listed in ORS 18.899.

NOTICE OF EXEMPT PROPERTY

      Property belonging to you may have been taken or held in order to satisfy a debt. The debt may be reflected in a judgment or in a warrant or order issued by a state agency. Important legal papers are enclosed.

      YOU MAY BE ABLE TO GET YOUR PROPERTY BACK, SO READ THIS NOTICE CAREFULLY.

      State and federal law specify that certain property may not be taken. Some of the property that you may be able to get back is listed below.

      (1) Your disposable earnings, as described in ORS 18.375 and 18.385, in an amount that does not exceed the greater of:

      (a) 75 percent of your take-home wages; or