Guest v. Mannenbach

In determining whether writs of garnishment are delivered to the garnishee, ORS 18.652(1) “allows for delivery of a writ of garnishment by certified mail, return receipt requested” which “only requires that the receipt be returned signed not that it be returned signed by the garnishee personally; and the actual receipt is not required for effective delivery.”

Plaintiff had arranged for the delivery of two garnishment writs via certified mail with return receipt service to Defendants' home address and received confirmation of delivery. The trial court entered a default order and supplemental judgment against Defendants. Defendants moved to set aside the judgment, but the court denied their motion. Defendants appealed, assigning error to the trial court's denial of their motion. Defendants argued they did not receive proper notice because the writs did not comply with requirements for serving a garnishment writ on a debtor since someone other than Defendants signed for the certified mail.  Plaintiff countered and argued that requirements for serving a garnishment writ on a debtor do not require the garnishee personally sign for certified mail delivery.  In determining whether writs of garnishment are delivered to the garnishee, ORS 18.652(1) “allows for delivery of a writ of garnishment by certified mail, return receipt requested” which “only requires that the receipt be returned signed not that it be returned signed by the garnishee personally; and the actual receipt is not required for effective delivery.”  The Court reasoned that the statutory text lacks a personal-signature requirement, thus a writ of garnishment to be delivered either personally or by certified mail with return receipt service constitutes a proper delivery to the garnishee.  Affirmed.