In Oregon, a judgment creditor cannot simply take everything you own. State law sets out specific dollar caps on what is protected. Oregon's homestead exemption shields up to $40,000 of equity in a home owned by one person, and $50,000 when two or more people (such as a married couple) own it together, under ORS 18.395 and ORS 18.402. On top of that, Oregon protects most wages, retirement accounts, public benefits, a vehicle, and household goods. These figures and rules are set by Oregon statute and differ from those in other states, so the exact protections you get depend on Oregon law, not a generic national standard.
The Homestead Exemption
Your primary residence is protected up to the dollar limits above. Oregon's homestead exemption applies to a house, a manufactured (mobile) home, a houseboat, or a floating home that you actually occupy, and to the land it sits on. It protects your equity the value left after mortgages and liens not the full market price. If your equity is below the cap, a creditor generally cannot force a sale to collect an ordinary judgment. The exemption can also extend, for a limited time, to the proceeds if you sell, so the money can be rolled into a new home.
Important exceptions exist. The homestead exemption does not stop foreclosure by your mortgage lender, does not defeat a properly recorded construction or mechanic's lien, and does not apply to certain support-related and tax debts. It protects against general unsecured judgment creditors, such as credit card companies, medical debt buyers, and similar parties.
Wages and Earnings
Oregon limits wage garnishment more generously than the federal floor. Under federal law (15 U.S.C. 1673, the Consumer Credit Protection Act), a creditor may take the lesser of 25% of disposable earnings or the amount above 30 times the federal minimum wage. Oregon applies its own protection in ORS 18.385: a creditor may garnish only the amount of disposable earnings that exceeds a protected weekly (or pay-period) floor, and in no case more than 25% of disposable earnings. Disposable earnings are what is left after legally required deductions like taxes and Social Security.
The protected floor is tied to a minimum-wage figure that changes, and Oregon uses a tiered minimum wage (a standard rate, a higher Portland-metro rate, and a lower nonurban-county rate) that the Bureau of Labor and Industries (BOLI) typically adjusts each July. Because that dollar floor moves, confirm the current protected amount in ORS 18.385 and the current minimum wage on the BOLI website before relying on a specific number. Child and spousal support orders can reach a larger share of your pay than an ordinary creditor judgment.
Retirement Accounts and Pensions
Retirement savings are strongly protected in Oregon. ORS 18.358 generally exempts pensions, profit-sharing plans, and tax-qualified retirement accounts, including 401(k), 403(b), IRA, and similar plans, from creditor claims. Federal law (ERISA) independently shields most employer-sponsored plans. Public-employee retirement benefits (PERS) have their own statutory protection. As a practical matter, money sitting in a qualified retirement account is usually out of a judgment creditor's reach but once you withdraw it into a regular checking account, it can lose that special character unless another exemption applies.
Public Benefits: Social Security, Unemployment, and More
Public-benefit income is broadly off-limits. Social Security and SSI are protected by federal law (42 U.S.C. 407) in every state, and Oregon law reinforces protection for state benefits. Oregon exempts unemployment compensation (ORS 657.855), workers' compensation benefits, public assistance and food benefits, veterans' benefits, and crime-victim compensation. Spousal and child support you receive is also generally protected.
A key federal banking rule helps when these benefits are direct-deposited: a bank that receives a garnishment order must automatically protect up to two months' worth of Social Security and certain other federal benefits deposited into the account, without you having to file anything. Beyond that two-month cushion, or for non-federal benefits, you may need to file a claim to protect the funds. Keeping benefit money in a separate account, away from other deposits, makes it far easier to prove the funds are exempt.