Oregon Chapter 18
Chapter 18 — JudgmentsDownload Full 2005 Oregon Revised Statutes (coming soon!)
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Chapter 18 — Judgments
2007 EDITION
JUDGMENTS
PROCEDURE IN CIVIL PROCEEDINGS
DEFINITIONS
18.005 Definitions
18.015 Statutory
references to decrees and judgments
APPLICATION
18.025 Courts
subject to chapter
APPROPRIATE DOCUMENT
18.028 Authority
of Chief Justice
18.029 Effect
of chapter on use of judgment
FORM OF JUDGMENT DOCUMENT
18.035 Preparation
of judgment document
18.038 Form
of judgment document generally
18.042 Judgment
in civil action that includes money award
18.048 Judgment
in criminal action that contains money award
18.049 Adjustments
to money awards
18.052 Duty
of judge with respect to form of judgment document
18.058 Duty
of court administrator with respect to form of judgment document
18.062 Use
of electronic judgment forms
ENTRY OF JUDGMENTS IN REGISTER
18.075 Entry
of judgments in circuit courts generally
18.078 Notice
of entry of judgment in circuit court civil action
18.082 Effect
of entry of judgment
CORRECTIONS TO JUDGMENTS
18.107 Corrections
to civil judgments
18.112 Correction
of designation of judgment as general judgment
JUDGMENT LIENS
18.150 Judgment
liens in circuit courts
18.152 Establishing
judgment liens in other counties
18.154 Appeal;
motion to eliminate lien
18.158 Judgment
lien based on judgment for child support or spousal support entered in another
state
18.162 Judgment
lien based on justice and municipal court judgments; satisfaction filing fee
18.165 Priority
of judgment lien over unrecorded conveyance
18.170 Form
for lien record abstract; rules
EXPIRATION AND EXTENSION OF JUDGMENT REMEDIES
18.180 Expiration
of judgment remedies in circuit court
18.182 Extension
of judgment remedies
18.185 Extension
of judgment lien of spousal support award
18.190 Spousal
support awards in judgments entered before January 1, 2004
18.192 Child
support awards in judgments entered before January 1, 1994
18.194 Expiration
and extension of judgment remedies for justice and municipal court judgments
RELEASE OF LIEN
18.200 Release
of lien
18.202 Reinstatement
of lien
ASSIGNMENT OF JUDGMENT
18.205 Assignment
of judgment
SATISFACTION OF MONEY AWARDS
18.225 Satisfaction
of money awards generally
18.228 Satisfaction
of support awards payable to Department of Justice
18.232 Alternate
method for satisfaction of support awards payable to Department of Justice
18.235 Motion
to satisfy money award
18.238 Proceedings
after discharge in bankruptcy
CONTRIBUTION
18.242 Contribution
among judgment debtors; subrogation of surety
APPEAL
18.245 Jurisdictional
requirements
ENFORCEMENT OF JUDGMENTS
(Generally)
18.252 Execution
18.255 Enforcement
of judgment by circuit court for county where debtor resides
(Proceedings in Support of Execution)
18.265 Debtor
examination
18.268 Conduct
of debtor examination; seizure of property
18.270 Written
interrogatories
EXEMPT PROPERTY
(Generally)
18.300 Resident
not entitled to federal bankruptcy exemptions
18.305 Property
not exempt from execution for purchase price
18.312 Execution
not to issue against property of deceased party; exception
18.318 Execution
against property in possession or control of public officer or agency
18.322 Adjudication
of claim of exemption
(Personal Property)
18.345 Exempt
personal property generally
18.348 Certain
funds exempt when deposited in account; limitations
18.352 Proceeds
of casualty and indemnity insurance attachable on execution
18.358 Certain
retirement plans exempt from execution; exceptions
18.362 Exemption
for firearms
18.364 Prohibition
on demanding firearms
(Wages)
18.375 Definitions
18.385 Wage
exemption
(Homesteads)
18.395
18.398 Denial
of homestead exemption when judgment is for child support
18.402 Limitations
on homestead exemption
18.406 Exemption
not applicable to certain liens, mortgages and interests
18.412 Notice
of intent to discharge judgment lien against homestead
18.415 Objections
to discharge; hearing
18.422 Release
of judgment lien
(Manufactured Dwellings and Floating Homes)
18.428 Exemption
for manufactured dwellings and floating homes
WRITS OF GARNISHMENT
(Definitions)
18.600 Definitions
(Garnishment Generally)
18.602 Garnishment
described
18.605 Debts
subject to garnishment; when writ may be issued on debt
18.607 Form
of writ; single writ for two or more debtors
18.609 Validity
of writ after issuance
18.610 Court
with authority over writ
(Garnishable Property)
18.615 Garnishable
property generally
18.618 Property
not subject to garnishment
18.620 Setoff
for certain amounts payable to underlying lienholders
(Duration of Writ’s Effect)
18.625 Duration
of writ’s effect
18.627 Multiple
writs
(Persons Authorized to Issue Writs)
18.635 Who
may issue writs
(Writs Issued by Court Administrators)
18.638 Writs
issued by court administrators generally
18.640 Grounds
for denying issuance of writ
(Writs Issued by Division of Child Support or
District Attorney)
18.645 Writs
issued by Division of Child Support or district attorney; rules
(Delivery of Writ)
18.650 Items
required to be delivered to garnishee
18.652 Manner
of delivery; delivery fee
18.655 Proper
person to receive writ
18.658 Documents
to be delivered to debtor
(Duties of Garnishee Generally)
18.665 Duties
generally
18.668 Immunity
by payment to court administrator or delivery to sheriff
18.670 Exceptions
to garnishee’s duties
18.672 Duties
of personal representative who is garnished
(Garnishee Response)
18.680 Response
required; time
18.682 When
response not required
18.685 Contents
of response; manner of making payment
18.688 Response
of garnishee who is employer of debtor
18.690 Delivery
of garnishee response
18.692 Supplemental
garnishee response
(Challenge to Garnishment)
18.700 Manner
of making challenge to garnishment
18.702 Notice
to garnishor and garnishee of challenge to garnishment
18.705 Duties
of garnishor and creditor created by challenge to garnishment
18.708 Duties
of garnishee created by challenge to garnishment
18.710 Hearing
on challenge to garnishment
18.712 Allowance
or denial of challenge
18.715 Sanctions
18.718 Special
procedures for writs issued for past due support
(Claim by Person Other Than Debtor)
18.725 Claim
by person other than debtor for all or part of garnished property
(Payment of Money Under Writ Generally)
18.730 Payment
of money under writ; garnishor’s duty to hold payments
18.732 Money
owed to debtor that is due within 45 days
(Payment of Nonexempt Wages)
18.735 Payment
of wages subject to garnishment
18.736 Processing
fee
(Payments Made to Court Administrator)
18.738 Acceptance
or rejection of payments by court administrator
18.740 Payments
erroneously sent to court
(Crediting of Payments)
18.742 Crediting
of payments against debt
18.745 Excess
payments
(Property Subject to
18.750 Application
of ORS 18.750 to 18.760
18.752 Garnishee
duties
18.755 Request
for sale; sheriff’s fees
18.758 Sheriff’s
sale
18.760 Challenge
to garnishment
(Release of Garnishment)
18.770 Release
of garnishment
(Sanctions Against Noncomplying Garnishee)
18.775 Liability
of garnishee
18.778 Order
to appear
18.780 Pleadings;
default judgment
18.782 Hearing
(Financial Institution as Garnishee)
18.790 Search
fee; garnishment processing fee
18.792 Safe
deposit boxes
18.795 Setoff
for amounts owing to financial institution
18.798 Effect
of garnishment served on financial institution
(Writs Issued to Enforce Agency Orders or
Warrants)
18.800 Special
procedures for writs issued to enforce agency orders or warrants
(Use of Writ for Provisional Process)
18.810 Use
of writ for provisional process
(Forms)
18.830 Writ
of garnishment form
18.832 Debt
calculation form
18.835 Garnishee
response form
18.838 Instructions
to garnishee form
18.840 Wage
exemption calculation form
18.842 Release
of garnishment form
18.845 Notice
of exemptions form; instructions for challenge to garnishment
18.850 Challenge
to garnishment form
NOTICES OF GARNISHMENT
18.854 Notices
of garnishment generally
18.855 Notices
of garnishment issued by state agencies
18.857 Notice
of garnishment issued by county tax collector
WRITS OF EXECUTION
(Function and Form of Writ)
18.860 Function
of writ
18.862 Form
of writ
(Issuance of Writ)
18.865 Court
administrator to issue writ
18.867 Issuance
of writs for certain judgments awarding child support
18.868 Sheriff
to whom writ is issued
18.870 Recording
of writ
(Return on Writ)
18.872 Return
on writ of execution
(Instructions to Sheriff)
18.875 Instructions
to sheriff
(Levy)
18.878 Manner
of levying on property
18.880 Alternative
procedure for levying on tangible personal property
18.882 Criminal
penalty for moving, using or damaging secured property
18.884 Levying
on intangible personal property
18.886 Creditor’s
bond
18.887 Forcible
entry for purpose of levying on personal property
18.888 Notice
of levy
18.890 Debtor’s
bond
(Challenge to Writ of Execution)
18.892 Challenge
to writ of execution
18.894 Notice
of challenge to execution
18.896 Challenge
to execution form
18.898 Hearing
on challenge to execution
18.899 Sanctions
EXECUTION
(Residential Property)
18.901 Definition
of residential property
18.904 Order
required for sale of residential property; exceptions
18.906 Motion
for order authorizing sale of residential property
18.908 Notice
of motion for order authorizing sale of residential property
18.912 Hearing
on motion for order authorizing sale of residential property
(Notice of
18.918 Person
entitled to written notice of sale
18.920 Notice
of sale of personal property
18.922 Expedited
sale of perishable personal property; expedited sale to prevent loss of value
18.924 Notice
of sale of real property
18.926 Legal
notices website; posting fee
(Conduct of Execution
18.930 Conduct
of sale generally; county fee
18.932 Postponement
of sale; rules
18.934 Amount
of property to be sold; sheriff and deputies may not purchase
18.936 Bid
by judgment creditor
18.938 Manner
of payment
18.940 Bill
of sale for personal property
18.942 Sheriff’s
certificate of sale for real property
18.944 Notice
of completed sale
18.946 Possession
after sale; right to rents or value of use
18.948 Confirmation
of sale of real property
18.950 Delivery
and distribution of proceeds
18.952 Effect
of sale on judgment debtor’s or mortgagor’s title; effect of redemption by
judgment debtor or mortgagor
18.954 Conduct
of sale pursuant to court rule or terms of order or judgment
(Redemption)
18.960 Definitions
18.962 Property
that may be redeemed
18.963 Who
may redeem
18.964 Time
for redemption
18.966 Redemption
amount payable to purchaser
18.967 Redemption
amount payable to redemptioner
18.968 Setoff
for rents, income and profits realized by certificate holder; certificate
holder’s lien for crops and amounts expended to prevent waste
18.970 Redemption
notice
18.971 Objection
to redemption notice
18.972 Response
to redemption notice
18.973 Objection
to response
18.975 Payment
of redemption amount
18.978 Court
proceedings on objections
18.980 Accounting
18.981 Manner
of payment
18.982 Redemptioner
must provide sheriff with address
(Waste)
18.983 Court
may restrain waste
(Sheriff’s Deed)
18.985 Sheriff’s
deed
SPECIAL RULES FOR SPECIFIC TYPES OF PROPERTY
18.986 Manufactured
dwellings and floating homes
18.987 Purchaser’s
interest in land sale contract; leasehold interest in land with unexpired term
of more than two years
18.988 Seller’s
right to receive payments under land sale contract
18.989 Equitable
interests in property
MISCELLANEOUS
18.992 Referral
of disputes to court
18.993 Effect
of ORS 18.860 to 18.993 on court’s ability to direct seizure
18.999 Recovery
of expenses incurred in enforcing judgment and certain other monetary
obligations
DEFINITIONS
18.005
Definitions. As used in this
chapter:
(1) “Action” means any proceeding
commenced in a court in which the court may render a judgment.
(2) “Child support award” means a money
award or agency order that requires the payment of child support and that is
entered under ORS 108.010 to 108.550, 416.310 to 416.340, 416.400 to 416.465,
416.510 to 416.990, 419B.400 or 419C.590 or ORS chapter 25, 107, 109 or 110.
(3) “Civil action” means any action that
is not a criminal action.
(4) “Court administrator” means a trial
court administrator in a circuit court that has a trial court administrator and
the clerk of the court in all other courts.
(5) “Criminal action” has the meaning
given in ORS 131.005.
(6) “Execution” means enforcement of the
money award portion of a judgment or enforcement of a judgment requiring
delivery of the possession or sale of specific real or personal property, by
means of writs of execution, writs of garnishment and other statutory or common
law writs or remedies that may be available under the law.
(7) “General judgment” means the judgment
entered by a court that decides all requests for relief in the action except:
(a) A request for relief previously
decided by a limited judgment; and
(b) A request for relief that may be
decided by a supplemental judgment.
(8) “Judgment” means the concluding
decision of a court on one or more requests for relief in one or more actions,
as reflected in a judgment document.
(9) “Judgment document” means a writing in
the form provided by ORS 18.038 that incorporates a court’s judgment.
(10) “Judgment lien” means:
(a) The effect of a judgment on real
property as described in ORS 18.150 (2) and (3) for the county in which the
judgment is entered, and as described in ORS 18.152 (2) and (3) for a county in
which the judgment is recorded under ORS 18.152; and
(b) A support arrearage lien attaching to
real property under ORS 18.150 (3) or 18.152 (3).
(11) “Judgment remedy” means:
(a) The ability of a judgment creditor to
enforce a judgment through execution; and
(b) Any judgment lien arising under ORS
18.150 or 18.152.
(12) “Legal authority” means:
(a) A statute;
(b) An
(c) A rule or order of the Chief Justice
of the Supreme Court adopted under ORS 18.028; and
(d) All controlling appellate court
decisions in effect December 31, 2003.
(13) “Limited judgment” means:
(a) A judgment entered under ORCP 67 B or
67 G;
(b) A judgment entered before the
conclusion of an action in a circuit court for the partition of real property,
defining the rights of the parties to the action and directing sale or
partition;
(c) An interlocutory judgment foreclosing
an interest in real property; and
(d) A judgment rendered before entry of a
general judgment in an action that disposes of at least one but fewer than all
requests for relief in the action and that is rendered pursuant to a legal
authority that specifically authorizes that disposition by limited judgment.
(14) “Money award” means a judgment or
portion of a judgment that requires the payment of money.
(15) “Person” includes a public body as
defined in ORS 174.109.
(16) “Request for relief” means a claim, a
charge in a criminal action or any other request for a determination of the
rights and liabilities of one or more parties in an action that a legal
authority allows the court to decide by a judgment.
(17) “Supplemental judgment” means a
judgment that may be rendered after a general judgment pursuant to a legal
authority.
(18) “Support arrearage lien” means a lien
that attaches to real property under the provisions of ORS 18.150 (3) or 18.152
(3).
(19) “Support award” means a money award
or agency order that requires the payment of child or spousal support. [2003
c.576 §1; 2005 c.542 §55; 2005 c.568 §4]
Note: Section 7, chapter 568, Oregon Laws 2005,
provides:
Sec.
7. Sections 2 [18.245] and 6
[18.029] of this 2005 Act and the amendments to ORS 18.005 by section 4 of this
2005 Act apply to all judgments entered on or after January 1, 2004. [2005
c.568 §7]
Note: Sections 45 and 569 (1) and (2), chapter
576, Oregon Laws 2003, provide:
Sec.
45. (1) Except as provided
by this section or by sections 1 to 44 of this 2003 Act [ORS chapter 18],
sections 1 to 44 of this 2003 Act apply only to judgments entered on or after
the effective date of this 2003 Act [January 1, 2004]. Nothing in this 2003 Act
affects the validity, lien effect or enforceability of any judgment or decree
entered before the effective date of this 2003 Act. Nothing in this 2003 Act
affects the validity, lien effect or enforceability of any order or warrant
docketed or recorded before the effective date of this 2003 Act. Except as
provided by this section or sections 1 to 44 of this 2003 Act, any judgment or
decree entered before the effective date of this 2003 Act, and any order or
warrant docketed or recorded before the effective date of this 2003 Act, shall continue
to be governed by the law in effect on the day immediately preceding the
effective date of this 2003 Act.
(2) Section 12 of this 2003 Act [18.107]
applies to any corrected judgment entered on or after the effective date of
this 2003 Act, without regard to whether the original judgment is entered
before, on or after the effective date of this 2003 Act.
(3) A judgment creditor may create a
judgment lien for a judgment in a county other than the county in which a
judgment is entered in the manner provided by section 15 of this 2003 Act
[18.152] without regard to whether the judgment is entered before, on or after
the effective date of this 2003 Act.
(4) Section 17 of this 2003 Act [18.158]
applies to all judgments, whether entered before, on or after the effective
date of this 2003 Act.
(5) Except as provided in sections 21
[18.190] and 22 [18.192] of this 2003 Act, sections 18 [18.180] and 19 [18.182]
of this 2003 Act apply to all judgments, whether entered before, on or after
the effective date of this 2003 Act. Notwithstanding section 19 of this 2003
Act, any order of renewal entered before the effective date of this 2003 Act
may be recorded in the manner provided by section 19 (6) of this 2003 Act with
the effect provided by section 15 (4) of this 2003 Act.
(6) Section 23 of this 2003 Act [18.200]
applies to the release of any judgment lien after the effective date of this
2003 Act, without regard to whether the judgment was entered before, on or
after the effective date of this 2003 Act.
(7) Section 24 of this 2003 Act [18.205]
applies to the assignment of any judgment after the effective date of this 2003
Act, without regard to whether the judgment was entered before, on or after the
effective date of this 2003 Act.
(8) Section 25 of this 2003 Act [18.225]
applies to any satisfaction of judgment filed with a court on or after the
effective date of this 2003 Act, without regard to whether the judgment was
entered before, on or after the effective date of this 2003 Act.
(9) Sections 26 [18.228] and 27 [18.232]
of this 2003 Act apply to all judgments, whether entered before, on or after
the effective date of this 2003 Act.
(10) Section 28 of this 2003 Act [18.235]
applies to any motion for an order declaring that a money award has been
satisfied, or to determine the amount necessary to satisfy a money award, filed
with a court on or after the effective date of this 2003 Act, without regard to
whether the judgment was entered before, on or after the effective date of this
2003 Act.
(11) Sections 29 [18.252] and 30 [18.255]
of this 2003 Act apply to execution on any judgment, without regard to whether
the judgment was entered before, on or after the effective date of this 2003
Act.
(12) Sections 31 [18.265] and 32 [18.268]
of this 2003 Act apply to any motion for a debtor examination made on or after
the effective date of this 2003 Act, without regard to whether the judgment was
entered before, on or after the effective date of this 2003 Act.
(13) Section 33 of this 2003 Act [18.270]
applies to any written interrogatories served on or after the effective date of
this 2003 Act, without regard to whether the judgment was entered before, on or
after the effective date of this 2003 Act.
(14) Sections 34 to 44 of this 2003 Act
[18.465 to 18.476 and 18.492 to 18.518, both 2003 Edition] apply to any writ of
execution issued on or after the effective date of this 2003 Act, without
regard to whether the judgment was entered before, on or after the effective
date of this 2003 Act. [2003 c.576 §45]
Sec.
569. (1) Except as
specifically provided by this 2003 Act, the deletions of statutory references
to decrees and the substitutions of references to judgments that are made by
the provisions of this 2003 Act do not affect the determination as to whether a
person has a right to a jury trial, the scope of review of the court’s decision
under ORS 19.250, or any other procedural or substantive aspect of the
proceedings giving rise to the court’s decision in an action.
(2) Except as specifically provided by
this 2003 Act, the elimination of statutory references to dockets by this 2003
Act does not affect the validity, lien effect or enforceability of any judgment
docketed before the effective date of this 2003 Act [January 1, 2004]. [2003
c.576 §569(1),(2)]
18.010 [Amended by 1977 c.208 §1; 1979 c.284 §50;
repealed by 1981 c.898 §53]
18.015
Statutory references to decrees and judgments. (1) References in the statutes of this state
to decrees include judgments, and references in the statutes of this state to
judgments include decrees.
(2) References in the statutes of this
state to judgments of other states include decrees of other states, and
references in the statutes of this state to decrees of other states include
judgments of other states. [2003 c.576 §1a]
18.020 [Repealed by 1979 c.284 §199]
APPLICATION
18.025
Courts subject to chapter.
Except as specifically provided by this chapter, the provisions of this chapter
apply to circuit courts, municipal courts and justice courts and to county
courts performing judicial functions. [2003 c.576 §2]
APPROPRIATE
DOCUMENT
18.028
Authority of Chief Justice.
The Chief Justice of the Supreme Court by rule or order may:
(1) Authorize or require that specified
requests for relief that are not governed by other legal authority be decided
by judgment; and
(2) Authorize or require the use of a
limited or supplemental judgment for specified requests for relief that are not
governed by other legal authority. [2005 c.568 §3]
18.029
Effect of chapter on use of judgment. The provisions of this chapter do not impose any requirement that a
court use a judgment for the court’s concluding decision on a request for
relief if a legal authority allows or requires that the court decide the
request for relief by order or other means. [2005 c.568 §6]
Note: See first note under 18.005.
18.030 [Amended by 1973 c.207 §1; 1977 c.616 §1;
repealed by 1981 c.898 §53]
FORM OF
JUDGMENT DOCUMENT
18.035
Preparation of judgment document. (1) In a civil action, the court may designate one of the parties to
prepare a proposed judgment document. If the court does not designate a party
to prepare a proposed judgment document, the prevailing party shall prepare a
proposed judgment document. If more than one party has prevailed in the action,
the prevailing parties may agree to designate one of the prevailing parties to
prepare a proposed judgment document. Nothing in this subsection prevents any
party to a civil action from preparing and submitting a proposed judgment
document to the court.
(2) In criminal actions and juvenile
proceedings under ORS chapters 419A, 419B and 419C, the judge shall ensure that
a judgment document complying with ORS 18.038 and 18.048 is created and filed. [2003
c.576 §3; 2005 c.568 §11]
18.038
Form of judgment document generally. (1) A judgment document must be plainly titled as a judgment.
(2) The title of a judgment document must
indicate whether the judgment is a limited judgment, a general judgment or a
supplemental judgment. This subsection does not apply to:
(a) Justice courts, municipal courts and
county courts performing judicial functions.
(b) Judgments in criminal actions.
(c) Judgments in juvenile proceedings
under ORS chapters 419A, 419B and 419C.
(3) A judgment document must be separate
from any other document in the action. The judgment document may have attached
affidavits, certificates, motions, stipulations and exhibits as necessary or
proper in support of the judgment.
(4) A judgment document must include:
(a) The name of the court rendering the judgment
and the file number or other identifier used by the court for the action or
actions decided by the judgment;
(b) The names of any parties in whose
favor the judgment is given and the names of any parties against whom the
judgment is given; and
(c) The signature of the judge rendering
the judgment, or the signature of the court administrator if the court
administrator is authorized by law to sign the judgment document, and the date
the judgment document is signed.
(5) This section does not apply to any
foreign judgment filed with a court under ORS 24.115 or 110.405. [2003 c.576 §4;
2005 c.568 §38]
18.040 [Repealed by 1981 c.898 §53]
18.042
Judgment in civil action that includes money award. (1) The judgment document for a judgment in
a civil action that includes a money award must contain a separate section
clearly labeled as a money award. Any judgment in a civil action that includes
a money award, but does not contain a separate section clearly labeled as a
money award, does not create a judgment lien but may be enforced by any other
judgment remedy.
(2) The separate section required by
subsection (1) of this section must include all of the following:
(a) The name and address of each judgment
creditor and the name, address and telephone number of any attorney who
represents one or more of the judgment creditors.
(b) The name of each judgment debtor and,
to the extent known by the judgment creditor:
(A) The address of each judgment debtor;
(B) The date of birth of each judgment
debtor;
(C) The Social Security number or tax
identification number of each judgment debtor;
(D) The driver license number of each
judgment debtor and the name of the state that issued the license; and
(E) The name of any attorney for each
judgment debtor.
(c) The name of any person or public body,
as defined in ORS 174.109, other than the judgment creditor’s attorney, that is
known by the judgment creditor to be entitled to any portion of the money
award.
(d) The amount of money awarded in the
judgment, exclusive of amounts required to be included in the separate section
under paragraphs (e) to (h) of this subsection.
(e) Any interest owed as of the date the
judgment is entered in the register, either as a specific amount or as accrual
information, including the rate or rates of interest, the balance or balances
upon which interest accrues, the date or dates from which interest at each rate
on each balance runs, and whether interest is simple or compounded and, if
compounded, at what intervals.
(f) Information about interest that
accrues on the judgment after entry in the register, including the rate or
rates of interest, the balance or balances upon which interest accrues, the
date or dates from which interest at each rate on each balance runs, and
whether interest is simple or compounded and, if compounded, at what intervals.
(g) For monetary obligations that are
payable on a periodic basis, any accrued arrearages, required further payments
per period and payment dates.
(h) If the judgment requires the payment of
costs and disbursements or attorney fees, a statement indicating that the award
is made, any specific amounts awarded, a clear identification of the specific
requests for relief for which any attorney fees are awarded and the amount of
attorney fees awarded for each request for relief.
(3) The information required by subsection
(2) of this section must be set forth in the money award section of the
judgment document in the same order as the requirements appear in subsection
(2) of this section.
(4) The separate section required by
subsection (1) of this section must be placed immediately above the judge’s or
court administrator’s signature. The separate section must be clearly labeled
at its beginning as a money award. If the judgment includes a support award,
the label of the separate section must so indicate. Except for information
described in ORS 24.290, the separate section of the judgment document may not
contain any provision except the information required by this section.
(5) Notwithstanding subsection (2) of this
section, in proceedings under ORS 107.085 and 107.485 the Social Security
number of a judgment debtor must be provided by the judgment creditor in the
manner established by the State Court Administrator under ORS 107.840.
(6) Notwithstanding subsection (2) of this
section, a public body, as defined in ORS 174.109, need not include the Social
Security number or driver license number of a judgment debtor if disclosure of
the Social Security number or driver license number violates federal law or any
law of this state.
(7) The provisions of this section do not
apply to foreign judgments that are filed with a court under ORS 24.115 or
110.405. If a foreign judgment is filed with the court under ORS 24.115, the
separate statement required by ORS 24.125 must be filed with the foreign
judgment. [2003 c.576 §5; 2005 c.568 §12; 2007 c.339 §1]
18.048
Judgment in criminal action that contains money award. (1) Except as provided in this section, the
judgment document in a criminal action that contains a money award, whether by
reason of a fine, restitution, forfeiture of security under ORS 135.280, a fee,
an assessment, costs and disbursements or any other monetary obligation, must
contain a separate section clearly labeled at its beginning as a money award.
The separate section must be placed immediately above the judge’s or court
administrator’s signature. If the judgment includes an award of restitution,
the label of the separate section must so indicate.
(2) The separate money award section described
by subsection (1) of this section must contain the following information:
(a) A listing of the specific amounts
awarded as fines, assessments, costs, restitution and any other monetary
obligations imposed in the sentence as part of the money award. If the court is
unable to determine the full amount of restitution at the time of sentencing,
the court may include the amount that can be determined or may establish a
maximum amount.
(b) If restitution or a compensatory fine
is ordered, the name and address of the person to whom the court should
disburse payments, unless the victim requests that this information be exempt
from disclosure in the public record.
(c) A statement that, subject to amendment
of a judgment under ORS 137.107, money required to be paid as a condition of
probation remains payable after revocation of probation only if the amount is
included in the money award portion of the judgment document, even if the
amount is referred to in other parts of the judgment document.
(d) Unless immediate payment is required,
the specific terms of payment imposed or allowed by the court.
(e) If payment of all or part of a
monetary obligation is suspended, a statement specifying the nature and amount
of the suspended obligations.
(3) The requirements of this section and
ORS 18.038 do not apply to a judgment document if the action was commenced by
the issuance of a uniform citation adopted under ORS 1.525 and the court has
used the space on the citation for the entry of a judgment. The exemption provided
by this subsection does not apply if any indictment, information or complaint
other than a uniform citation is filed in the action.
(4) If a judgment is for conviction of a
violation as described in ORS 153.008, the judgment creates a lien only if the
court so orders. If a judgment does not create a lien under this subsection,
the judgment document need not contain the separate money award section
described by subsection (1) of this section.
(5) A judgment in a criminal action that
contains a money award is a judgment in favor of the state and may be enforced
only by the state.
(6) A judgment in a criminal action that
includes a money award, but does not contain a separate section clearly labeled
as a money award, does not create a judgment lien but may be enforced by any
other judgment remedy. [2003 c.576 §6; 2005 c.566 §13; 2005 c.568 §13; 2005
c.618 §3a]
Note: Section 8 (1), chapter 618, Oregon Laws
2005, provides:
Sec.
8. (1) The amendments to ORS
18.048, 18.075, 18.180 and 18.194 by sections 1 to 4 of this 2005 Act apply to
judgments entered on or after the effective date of this 2005 Act [January 1,
2006]. [2005 c.618 §8(1)]
18.049
Adjustments to money awards.
After entry of a judgment, the amount owing on the money award portion of a
judgment shall be decreased by all payments made by or on behalf of the
judgment debtor against the money award and shall be increased by interest
accruing on the money award. In addition, the judgment creditor is entitled to
recover the expenses specified in ORS 18.999 that are incurred by the judgment
creditor in collecting on the judgment, in the manner provided by ORS 18.999.
This section does not impose any duty on a court administrator to calculate the
amount owing on the money award portion of a judgment. [2007 c.166 §5]
18.050 [Amended by 1959 c.638 §6; repealed by 1981
c.898 §53]
18.052
Duty of judge with respect to form of judgment document. (1) A judge rendering a judgment shall file
with the court administrator a judgment document that incorporates the
judgment. The judge must sign the judgment document unless the court
administrator is authorized by law to sign the judgment document. Before
signing a judgment document, the judge shall ensure that all requirements
imposed by law for entry of the judgment have been fulfilled, including the
making of any written findings of fact or conclusions of law. If a proposed
judgment document submitted under ORS 18.035 does not comply with the
requirements of ORS 18.038, 18.042 and 18.048, the judge may not sign the
judgment document. If a proposed judgment document submitted under ORS 18.035
establishes paternity or includes a provision concerning support, but does not
comply with the requirements of ORS 25.020 (8), the judge may not sign the
judgment document. Unless the judgment is exempt under ORS 18.038 (2), the
judge shall ensure that the title of the judgment document indicates whether
the judgment is a limited judgment, general judgment or supplemental judgment.
If the judgment is a limited judgment rendered under the provisions of ORCP 67
B, the judge must determine that there is no just reason for delay, but the
judgment document need not reflect that determination if the title of the
judgment document indicates that the judgment is a limited judgment.
(2) A court administrator who signs a
judgment under authority granted by law has the same duties as a judge under
the provisions of this section.
(3) This section does not apply to justice
courts, municipal courts or county courts performing judicial functions. [2003
c.576 §7; 2005 c.561 §1; 2005 c.568 §14]
18.058
Duty of court administrator with respect to form of judgment document. (1) Except as provided in subsection (2) of
this section, the court administrator shall note in the register that a judgment
document has been filed if the judgment document is signed by a judge of the
court, or by the court administrator if the court administrator is authorized
by law to sign the judgment document, and filed with the court administrator,
whether or not the judgment document complies with the requirements of ORS
18.038, 18.042 and 18.048.
(2) If the title of a document filed with
the court administrator indicates that the document is a decree, or indicates
that the document is a judgment but fails to indicate whether the judgment is a
limited judgment, general judgment or supplemental judgment, the court
administrator may not note in the register that a judgment document has been
filed, and shall return the document to the judge, unless the judgment is
exempt under ORS 18.038 (2).
(3) The court administrator may rely on a
judgment document for entry of information in the register. The court
administrator is not liable for entering any information in the register that
reflects information contained in a judgment document, whether or not the
information in the judgment is correct or properly presented.
(4) The court administrator may rely on
the presence or absence of a separate section in the judgment document required
by ORS 18.042 or 18.048 in determining whether a judgment contains a money
award. The court administrator shall enter information in the register and in
the judgment lien record only from the separate section unless otherwise
ordered by the court.
(5) This section does not apply to justice
courts, municipal courts or county courts performing judicial functions. [2003
c.576 §8; 2007 c.339 §3]
18.060 [Amended by 1979 c.284 §51; repealed by 1981
c.898 §53]
18.062
Use of electronic judgment forms. The provisions of this chapter do not affect the ability of the Chief
Justice of the Supreme Court to authorize the use of electronic judgment forms
pursuant to rules adopted under ORS 1.002 (2). [2005 c.568 §41]
18.070 [Repealed by 1981 c.898 §53]
ENTRY OF
JUDGMENTS IN REGISTER
18.075
Entry of judgments in circuit courts generally. (1) A judgment is entered in circuit court
when a court administrator notes in the register that a judgment document has
been filed with the court administrator.
(2) Subject to ORS 18.058 (2), when a
judge files a judgment document with the court administrator, the court
administrator shall note in the register:
(a) That the judgment document has been
filed and the day, hour and minute that the judgment is entered.
(b) Whether the judgment is a limited
judgment, a general judgment or a supplemental judgment.
(c) Whether the judgment includes a money
award.
(d) Whether the judgment creates a
judgment lien under ORS 18.150.
(3) If the court administrator notes in
the register that a judgment creates a judgment lien, the court administrator
shall note in a judgment lien record maintained by the court administrator:
(a) The name of all judgment debtors.
(b) The name of all judgment creditors.
(c) The amount of the money award.
(d) Whether the money award includes a
support award or an award of restitution.
(4) If the court administrator makes a
notation of judgment in the judgment lien record, the court administrator shall
thereafter also note in the judgment lien record:
(a) The date on which any appeal is filed.
(b) Whether a supersedeas undertaking, as
defined in ORS 19.005, is filed.
(c) The date of any decision on appeal.
(d) Any execution issued by the court and
the return on any execution.
(e) Any satisfaction of the judgment, when
entered.
(f) Other such information as may be
deemed necessary by court order or court rule.
(5) The court administrator shall enter a
judgment in the register within 24 hours after the judgment document is filed
with court administrator, excluding Saturdays and legal holidays. If the court
administrator is not able to enter the judgment within the time prescribed in
this subsection, or fails to do so, the court administrator shall enter the
judgment as soon as practicable thereafter.
(6) Except as provided in ORS 18.058, and
in ORCP 69 B(1) for judgments by default, the court administrator shall be
subject to the direction of the court in entering judgments in the register.
(7) The court administrator shall not
delay entry of judgment under ORCP 68 for taxation of attorney fees or costs
and disbursements.
(8) Administrative orders entered in the
register under ORS 416.440 have the effect provided for in that section.
(9) The State Court Administrator shall
ensure that the register and the judgment lien record be established and maintained
in a uniform manner in the circuit courts.
(10) References in Oregon Revised Statutes
to docketing of a judgment are equivalent to entry of a judgment as described
in subsection (1) of this section.
(11) This section does not apply to
justice courts, municipal courts or county courts performing judicial
functions. [2003 c.576 §9; 2005 c.568 §15; 2005 c.618 §2; 2007 c.339 §2]
Note: Section 9a, chapter 576, Oregon Laws 2003,
provides:
Sec.
9a. (1) Notwithstanding any
other provision of sections 1 to 44 of this 2003 Act [ORS chapter 18] or any
other law, a court administrator need not make any entry in the register or in
the separate record maintained under section 9 of this 2003 Act [18.075] that
is different from the entries made by the court administrator before the
effective date of this 2003 Act [January 1, 2004] until such time as funding is
available to make such modifications as may be necessary to accommodate those
entries in the computer systems utilized by the circuit courts.
(2) All references to the docket in
computer records and documents of the circuit courts shall be construed to be
references to the separate record maintained under section 9 of this 2003 Act,
without regard to whether those records or documents are created before, on or
after the effective date of this 2003 Act. Subject to availability of funding,
the circuit courts shall make such changes in their computer systems and other
document-generating systems as soon as possible after the effective date of
this 2003 Act to eliminate references to the docket.
(3) All references to decrees in computer
records and documents of the circuit courts shall be construed to be references
to judgments, without regard to whether those records or documents are created
before, on or after the effective date of this 2003 Act. Subject to
availability of funding, the circuit courts shall make such changes in their
computer systems and other document-generating systems as soon as possible
after the effective date of this 2003 Act to eliminate references to decrees.
(4) All references to money judgments in
computer records and documents of the circuit courts shall be construed to be
references to money awards, without regard to whether those records or
documents are created before, on or after the effective date of this 2003 Act.
Subject to availability of funding, the circuit courts shall make such changes
in their computer systems and other document-generating systems as soon as
possible after the effective date of this 2003 Act to eliminate references to
money judgments. [2003 c.576 §9a]
Note: See note under 18.048.
18.078
Notice of entry of judgment in circuit court civil action. (1) Upon entering a judgment in a civil
action, or entry of any corrected judgment under ORS 18.107, the court
administrator shall mail the notice described in subsection (2) of this section
to the attorneys of record for each party that is not in default for failure to
appear. If a party does not have an attorney of record, and is not in default
for failure to appear, the court administrator shall mail the notice to the
party. The court administrator shall note in the register that the notice
required by this section was mailed as required by this section.
(2) The notice required by this section
must reflect:
(a) The date the judgment was entered.
(b) Whether the judgment was entered as a
limited judgment, a general judgment or a supplemental judgment.
(c) Whether the court administrator noted
in the register that the judgment contained a money award.
(d) Whether the court administrator noted
in the register that the judgment creates a judgment lien.
(3) This section does not apply to justice
courts, municipal courts or county courts performing judicial functions.
(4) This section does not apply to judgments
in juvenile proceedings under ORS chapter 419A, 419B or 419C, civil commitment
proceedings, probate proceedings, adoptions or guardianship or conservatorship
proceedings under ORS chapter 125. [2003 c.576 §10; 2005 c.568 §16]
Note: Section 10a, chapter 576, Oregon Laws 2003,
provides:
Sec.
10a. Notwithstanding any
other provision of sections 1 to 44 of this 2003 Act [ORS chapter 18] or any
other law, a court administrator need not mail notice of judgment in the form
provided by section 10 of this 2003 Act [18.078] and may continue to use the
form of notice used by the court administrator before the effective date of
this 2003 Act [January 1, 2004] until such time as funding is available to
allow use of notices of judgments in the form provided by section 10 of this
2003 Act. [2003 c.576 §10a]
18.080 [Amended by 1971 c.365 §1; repealed by 1981
c.898 §53]
18.082
Effect of entry of judgment.
(1) Upon entry of a judgment, the judgment:
(a) Becomes the exclusive statement of the
court’s decision in the case and governs the rights and obligations of the
parties that are subject to the judgment;
(b) May be enforced in the manner provided
by law;
(c) May be appealed in the manner provided
by law;
(d) Acts as official notice of the court’s
decision; and
(e) May be set aside or modified only by
the court rendering the judgment or by another court or tribunal with the same
or greater authority than the court rendering the judgment.
(2) A general judgment incorporates a
previous written decision of the court that decides one or more requests for
relief in the case and that:
(a) Is not a judgment;
(b) Is consistent with the terms of the
general judgment and any limited judgments in the case; and
(c) Reflects an express determination by
the court that the decision be conclusive as to the requests for relief that
are resolved.
(3) Upon entry of a general judgment, any
request for relief in the action that is not decided by the general judgment or
by a previous limited judgment, that has not been incorporated into the general
judgment under subsection (2) of this section, or that cannot be decided by a
supplemental judgment, is dismissed with prejudice unless the judgment provides
that the dismissal is without prejudice.
(4) Subsection (3) of this section does
not affect the right of any party to assign error on appeal to any decision of
a court made by order during an action.
(5) Subsection (3) of this section does
not apply to a general judgment of dismissal. Except as otherwise provided by
law, by the Oregon Rules of Civil Procedure or by the terms of the judgment, a
general judgment of dismissal is without prejudice as to any request for relief
in the action.
(6) If a document labeled as a decree is
filed with the court administrator, or a judgment document is filed with the
court administrator that does not indicate whether the judgment is a limited,
general or supplemental judgment, and the court administrator fails to comply
with ORS 18.058 and makes an entry in the register indicating that a judgment has
been filed with court administrator, the document has the effect of a general
judgment entered in circuit court. [2003 c.576 §11; 2005 c.568 §17]
18.090 [Amended by 1979 c.284 §52; repealed by 1981
c.898 §53]
18.100 [Repealed by 1981 c.898 §53]
18.105 [1975 c.106 §1; 1977 c.208 §2; repealed by
1979 c.284 §199]
CORRECTIONS
TO JUDGMENTS
18.107
Corrections to civil judgments.
(1) A court may correct the terms of a civil judgment previously entered as
provided in ORCP 71. The court may make the correction by signing a corrected
judgment document and filing the document with the court administrator. The
title of the judgment document must reflect that the judgment is a corrected
limited judgment, corrected general judgment or a corrected supplemental judgment.
(2) Unless a correction to a judgment
affects a substantial right of a party, the time for appeal of the judgment
commences upon entry of the original judgment.
(3) If the correction of a judgment
affects a substantial right of a party, and the corrected judgment is entered
before the time for appealing the original judgment has expired, the time for
appeal of the judgment commences upon entry of the corrected judgment. If the
correction affects a substantial right of a party, and the corrected judgment
is entered after the time for appealing the original judgment has expired, the
time for appeal of the corrected portions of the judgment and all other
portions of the judgment affected by the correction commences upon entry of the
corrected judgment.
(4) This section does not apply to justice
courts, municipal courts or county courts performing judicial functions.
(5) This section does not apply to
juvenile proceedings under ORS chapter 419B. [2003 c.576 §12]
18.110 [Repealed by 1981 c.898 §53]
18.112
Correction of designation of judgment as general judgment. (1) Upon motion of any party, the court may
enter a corrected judgment under ORS 18.107 that changes the designation of a
judgment from a general judgment to a limited judgment if the moving party
establishes that:
(a) Except by operation of ORS 18.082 (3),
the judgment does not decide all requests for relief in the action other than
requests for relief previously decided by a limited judgment or requests for
relief that could be decided by a supplemental judgment; and
(b) The judgment was inadvertently
designated as a general judgment under circumstances that indicate that the
moving party did not reasonably understand that the requests for relief that
were not expressly decided by the judgment would be dismissed.
(2) A motion under subsection (1) of this
section must be filed within the time provided by ORCP 71 B.
(3) Upon motion of any party, the court
shall enter a corrected judgment under ORS 18.107 that changes to a limited
judgment any document that has the effect of a general judgment under the
provisions of ORS 18.082 (6) unless all requests for relief in the action are
decided by the terms of the document, by previous limited judgments entered in
the action or by written decisions of the court that are incorporated in a
general judgment under the provisions of ORS 18.082 (2).
(4) Notwithstanding ORS 18.107, the time
for appeal of the judgment corrected under this section commences from the
entry of the corrected judgment. A motion may be filed under this section while
an appeal is pending as provided in ORCP 71 B(2).
(5) This section does not apply to justice
courts, municipal courts or county courts performing judicial functions. [2003
c.576 §13; 2005 c.568 §18]
18.115 [1975 c.623 §12; 1979 c.284 §53; repealed by
1981 c.898 §53]
18.120 [Repealed by 1981 c.898 §53]
18.125 [1977 c.208 §3; repealed by 1981 c.898 §53]
18.130 [Repealed by 1977 c.208 §5]
18.135 [Formerly 15.100; repealed by 1981 c.898 §53]
18.140 [Amended by 1957 c.348 §1; 1973 c.207 §2;
repealed by 1979 c.284 §199]
JUDGMENT
LIENS
18.150
Judgment liens in circuit courts. (1) If a judgment document filed with a court administrator under ORS
18.075 (2) includes a money award and complies with ORS 18.042 (1) or 18.048
(1), the court administrator shall note in the register of a circuit court that
the judgment creates a judgment lien unless:
(a) The judgment is entered in the small
claims department of a circuit court in an amount of less than $3,000, exclusive
of costs, and the judgment creditor has not created a judgment lien for the
judgment as provided in ORS 46.488;
(b) The judgment is entered in a criminal
action for conviction of a violation, and the court does not order under ORS
18.048 (4) that the judgment creates a judgment lien;
(c) The judgment is entered under ORS
153.820; or
(d) The judgment does not create a lien by
operation of other law.
(2) Except as provided in this section, if
the court administrator notes in the register that a judgment creates a
judgment lien, the judgment has the following effect in the county in which the
judgment is entered:
(a) When the judgment is entered, the
judgment lien attaches to all real property of the judgment debtor in the
county at that time; and
(b) The judgment lien attaches to all real
property that the judgment debtor acquires in the county at any time after the
judgment is entered and before the judgment lien expires.
(3) Except as provided in this section, if
the court administrator notes in the register that a judgment creates a
judgment lien and the judgment contains a support award, the support award
portion of the judgment has the following effect in the county in which the
judgment is entered:
(a) Any lump sum support award existing
when the judgment is entered creates a support arrearage lien and has the
effect specified by subsection (2) of this section;
(b) When an installment becomes due under
the terms of the support award and is not paid, a support arrearage lien for
the unpaid installment attaches to all real property of the judgment debtor in
the county at that time; and
(c) When an installment becomes due under
the terms of the support award and is not paid, a support arrearage lien
attaches to all real property that the judgment debtor thereafter acquires in
the county for the purpose of enforcing the unpaid installment, and remains
attached to that property until satisfaction is made for the installment or the
judgment lien arising from support award portion of the judgment expires.
(4) Real property may be conveyed or
encumbered free of a judgment lien created by the support award portion of a
judgment, but the conveyance or encumbrance is subject to any support arrearage
lien that attached to the real property under this section or ORS 18.152.
(5) A judgment lien does not attach to any
real property of a judgment debtor acquired after the debt giving rise to the
judgment is discharged under federal bankruptcy laws. Debts are presumed to
have not been discharged in bankruptcy until the judgment debtor establishes
that the debt has been discharged.
(6) A court administrator may rely on the
judgment document to determine whether a judgment creates a judgment lien.
(7) This section does not apply to justice
courts, municipal courts or county courts performing judicial functions. [2003
c.576 §14; 2005 c.568 §19]
18.152
Establishing judgment liens in other counties. (1) At any time after a judgment that
creates a judgment lien is entered under ORS 18.150 and before the expiration of
the judgment remedies for the judgment, a judgment creditor may create a
judgment lien for the judgment in any other county of this state by recording
the judgment in the County Clerk Lien Record for that county. The judgment may
be recorded by recording a certified copy of the judgment document or a lien
record abstract for the judgment.
(2) Except as provided in this section, a
judgment recorded under this section has the following effect in the county in
which the judgment is recorded:
(a) When the judgment is recorded, the
judgment lien attaches to all real property of the judgment debtor in the
county at that time; and
(b) The judgment lien attaches to all real
property that the judgment debtor acquires in the county at any time after the
judgment is recorded and before the judgment lien expires.
(3) Except as provided in this section, if
a judgment recorded under this section contains a support award, the support
award portion of the judgment has the following effect in the county in which
the judgment is recorded:
(a) When the judgment is recorded, a
support arrearage lien attaches to all real property of the judgment debtor in
the county at that time for any unpaid lump sum support award contained in the
judgment or any unpaid installment that became due under the terms of the
support award before the judgment was recorded.
(b) A support arrearage lien for any
unpaid lump sum support award contained in the judgment or any unpaid
installment that became due under the terms of the support award before the
judgment was recorded attaches to all real property that the judgment debtor
acquires in the county at any time after the judgment is recorded and before
full satisfaction is made for the lump sum or installment or the judgment lien
of the support award portion of the judgment expires.
(c) If an installment becomes due under
the terms of the support award and is not paid after the judgment is recorded,
a support arrearage lien for the installment attaches to all real property of
the judgment debtor in the county at the time the installment becomes due and
attaches to all real property that the judgment debtor thereafter acquires in
the county until full satisfaction is made for the installment or the judgment
lien of the support award portion of the judgment expires.
(4)(a) If a certificate of extension is
filed under ORS 18.182, and the certificate is filed before the judgment is
recorded under this section, a judgment creditor may record a certified copy of
the certificate or a lien record abstract for the certificate with the
judgment. The recording shall act to extend the judgment lien of a judgment,
and any support arrearage lien, in the county for the time provided in ORS
18.180 to 18.192.
(b) If a certificate of extension is filed
under ORS 18.182, and the certificate is filed after the judgment is recorded
under this section, a judgment creditor may record a certified copy of the
certificate or a lien record abstract for the certificate in the County Clerk
Lien Record in any county in which the judgment has been recorded under
subsection (1) of this section. If the recording is made before the time that
the judgment lien for the judgment would otherwise have expired under ORS
18.180 to 18.192, the recording extends the judgment lien of the judgment,
without loss of priority, for the time provided in ORS 18.180 to 18.192. If the
recording is made after the time that the judgment lien for the judgment would
otherwise have expired under ORS 18.180 to 18.192, the recording extends the
judgment lien of the judgment for the time provided in ORS 18.180 to 18.192,
but the lien is subordinate to all other interests that are of record on the
date the certificate or lien record abstract is recorded.
(5) When the judgment lien of a judgment
expires in the county in which the judgment was originally entered, the
judgment lien and any support arrearage lien created under this section expires
in the other county or counties in which the judgment has been recorded.
(6) This section does not apply to justice
courts, municipal courts or county courts performing judicial functions. [2003
c.576 §15; 2005 c.568 §20]
18.154
Appeal; motion to eliminate lien. A judgment debtor who appeals a judgment may move the trial court for
elimination of the judgment lien created by the judgment. A court may grant a
motion under this section if the judgment debtor files a supersedeas
undertaking, as defined in ORS 19.005, and provides such additional security as
may be required by the court to ensure that adequate amounts will be available
to satisfy the judgment if affirmed on appeal. If the court grants the motion,
the court administrator shall note in the register and in the judgment lien
record that the judgment lien has been eliminated. [2003 c.576 §16; 2007 c.339 §4]
18.158
Judgment lien based on judgment for child support or spousal support entered in
another state. (1) At any
time after a judgment for unpaid child support or unpaid spousal support
becomes effective in another state and before the expiration or satisfaction of
that judgment under the other state’s law, a judgment creditor under the
judgment may record a certified copy of the judgment or a lien record abstract
for the judgment in the County Clerk Lien Record for any county in this state.
(2) If a judgment of another state
described in subsection (1) of this section is extended or renewed under the
laws of the state that rendered the judgment, a judgment creditor under the
judgment may record a certified copy of the extension or renewal in the County
Clerk Lien Record for any county in this state or may record a lien record
abstract for extension or renewal in the County Clerk Lien Record for any
county in this state.
(3) Upon recording a judgment, lien record
abstract, extension or renewal under this section, the judgment creates a
judgment lien as described in ORS 18.152 (3).
(4) When the judgment expires in the state
in which the judgment was originally entered, the judgment lien and any support
arrearage lien created under this section expire in every county in which the
judgment has been recorded under this section.
(5) Liens arising by operation of law in
another state against real property for amounts of overdue payments under a
support order, as defined in ORS 110.303, shall be accorded full faith and
credit if the state agency, party or other entity seeking to enforce the lien
follows the applicable procedures for recording and service of notice of claim
of lien as required by this section. A state agency, party or other entity may
not file an action to enforce a lien described in this section until the
underlying judgment has been filed in
(6) This section does not apply to justice
courts, municipal courts or county courts performing judicial functions. [2003
c.576 §17]
18.160 [Repealed by 1981 c.898 §53]
18.162
Judgment lien based on justice and municipal court judgments; satisfaction
filing fee. (1) Subject to
the requirements of this section and ORS 221.344, from the time that a judgment
of a justice or municipal court is transcribed or recorded as provided in ORS
52.635 or 221.351, the judgment creates a judgment lien as described in ORS
18.152.
(2) The judgment lien of a judgment
entered in a justice or municipal court may be eliminated as provided in ORS
18.154 if an appeal is taken from the judgment. The clerk of the justice or
municipal court shall note the elimination of the lien in the judgment docket.
(3) When the lien of a justice or
municipal court judgment ceases in the county in which the judgment was
originally recorded or transcribed, the lien shall cease in every other county
in which a certified copy of the judgment or a lien record abstract has been
recorded. When the judgment has been fully satisfied, it is the responsibility
of the judgment creditor to file a full satisfaction in any circuit court to
which the judgment has been transcribed under ORS 52.635, and to record the
satisfaction in the County Clerk Lien Record for the county in which the court
is located if a certified copy of the judgment or a lien record abstract for
the judgment was recorded in that County Clerk Lien Record. Upon satisfaction
in full of the judgment, the judgment creditor shall deliver to the judgment
debtor an executed satisfaction of the judgment for any other county where a
certified copy of the judgment or a lien record abstract has been recorded. The
county clerk shall charge a fee as provided in ORS 205.320 for filing a
satisfaction of judgment. [Formerly 18.355]
18.165
Priority of judgment lien over unrecorded conveyance. (1) If a judgment with lien effect under ORS
18.150, 18.152 or 18.158 is entered or recorded in a county before a
conveyance, or a memorandum of a conveyance, of real property of the debtor is
recorded in that county, the conveyance of the judgment debtor’s interest is
void as against the lien of the judgment unless:
(a) The grantee under the conveyance is a
purchaser in good faith for a valuable consideration, the conveyance is
delivered and accepted before the judgment is entered or recorded in the county
where the property is located and the conveyance or memorandum of the
conveyance is recorded within 20 days after delivery and acceptance of the
conveyance, excluding Saturdays and legal holidays under ORS 187.010 and
187.020;
(b) The judgment creditor has actual
notice, record notice or inquiry notice of a conveyance of the debtor’s
interest to a grantee when the judgment is entered or recorded in the county;
(c) The conveyance by the debtor is a
fulfillment deed entitled to priority over the judgment under ORS 93.645; or
(d) The conveyance is a mortgage, trust
deed or other security instrument given by the debtor to secure financing for
the purchase by the debtor of the real property described in the conveyance.
(2) For the purpose of subsection (1)(a)
of this section, a memorandum of conveyance must contain the date of the
instrument being memorialized, the names of the parties, a legal description of
the real property involved and a description of the nature of the interest created.
The memorandum must be signed by the person from whom the interest is intended
to pass, and be acknowledged or proved in the manner provided for the
acknowledgment or proof of deeds.
(3) As used in this section:
(a) “Conveyance” means a deed, a land sale
contract, an assignment of all or any portion of a seller’s or purchaser’s
interest in a land sale contract or any other agreement affecting the title of
real property within this state, including a trust deed, a mortgage, an
assignment for security purposes or an assignment solely of proceeds, given by
a purchaser or seller under a land sale contract or given by a person with
title to the real property.
(b) “Grantee” means:
(A) The person deemed to be the mortgagee
under a trust deed pursuant to ORS 86.715; and
(B) Any other person to whom the interest
that is the subject of a conveyance is intended to pass. [Formerly 18.370; 2005
c.568 §21; 2007 c.166 §1]
18.170
Form for lien record abstract; rules. (1) Unless otherwise prescribed by law, a person recording a lien
record abstract shall use substantially the following form:
______________________________________________________________________________
LIEN RECORD ABSTRACT
The
undersigned states:
A. Creditor/Prevailing Party Information:
__ 1.
The creditor/prevailing party is:
_____________________
and
the address of the creditor is:
_____________________
_____________________
under
judgment, order or petition entered
on _____ (date) in the_____ Court
for _____ (County) of _____ (State) under Case No._____.
__ 2. The Creditor’s attorney’s name is
_____________________
Attorney’s
Address is:
_____________________
Attorney’s
Phone No. is: ______
B. Debtor/Losing Party Information:
__ 1. The Debtor/losing party is:
_____________________
__ 2. Debtor’s address (if known):
_____________________
_____________________
__ 3. Debtor’s Social Security No. or
Taxpayer
Identification No.
(if
known):
_____________________
__ 4. Debtor’s driver license no. and
state
of issuance for the license
(if
known):
_____________________
__ 5. Name of debtor’s attorney
(if
known):
_____________________
C. Judgment Information:
__ 1. The amount of the judgment is:
_____________________
__ 2. The amount of the costs is:
_____________________
__ 3. The amount of attorney fees, if any is:
_____________________
D. The Real or Personal Property to Be
Affected
(Check appropriate box):
__ All real property of the debtor/losing party, now or hereafter
acquired, in
__ The following described real or personal property of debtor (legal
description as set forth or on attached Exhibit):
_____________________
_____________________
_____________________
_____________________
IN WITNESS WHEREOF, the undersigned person
or persons have executed this abstract this ___ day of ______, 2___.
____________ ____________
____________ ____________
State of
) ss.
County of _____ )
The foregoing instrument was acknowledged
before me this ___ day of___, 2___, by ____________.
__________________
Notary Public for
My commission expires: _________
State of
) ss.
County of _____ )
The foregoing instrument was acknowledged
before me this ___ day of ___, 2___, by ____________ and by ____________
of ____________, a corporation on behalf of the corporation.
__________________
Notary Public for
My commission expires: _________
______________________________________________________________________________
(2) A lien record abstract that is the
result of a judgment for unpaid child or spousal support entered in another
state shall be on the form prescribed by rules adopted by the Department of
Justice in lieu of the form required by subsection (1) of this section. [Formerly
18.325]
EXPIRATION AND
EXTENSION OF JUDGMENT REMEDIES
18.180
Expiration of judgment remedies in circuit court. (1) Judgment remedies for a judgment expire
upon full satisfaction of the money award portion of the judgment.
(2) If a judgment lien arises out of a
support award under ORS 18.150 (3) or 18.152 (3), a support arrearage lien
attaching to real property under the judgment lien expires upon satisfaction of
the unpaid installment that gave rise to the support arrearage lien.
(3) Except as provided in ORS 18.180 to
18.192, judgment remedies for a judgment in a civil action expire 10 years
after the entry of the judgment.
(4) Except as provided in this subsection,
judgment remedies for a judgment in a criminal action expire 20 years after the
entry of the judgment. Judgment remedies for a judgment in a criminal action
that includes a money award for restitution expire 50 years after the entry of
the judgment.
(5) Except as provided in ORS 18.192,
judgment remedies for the child support award portion of a judgment, and any
lump sum support award for child support, expire 25 years after the entry of
the judgment that first establishes the support obligation.
(6)(a) Except as provided by paragraph (b)
of this subsection and ORS 18.190, judgment remedies for any unpaid installment
under the spousal support award portion of a judgment, including any
installment arrearage lien arising under the judgment, expire 25 years after
the entry of the judgment that first establishes the support obligation, or 10
years after an installment comes due under the judgment and is not paid,
whichever is later.
(b) The judgment lien for the spousal
support award portion of a judgment that is entered on or after January 1,
2004, including any installment arrearage lien arising under the judgment,
expires 25 years after the entry of the judgment that first establishes the
support obligation unless a certificate of extension is filed under ORS 18.185.
(7)(a) If a money award in a judgment
under ORS 107.105 (1)(f) provides for a future payment of money, judgment
remedies for the portion of the judgment providing for future payment expire 10
years after the date on which the future payment becomes due. At any time
before the judgment remedies for a money award described in this subsection
expire, judgment remedies for the portion of the judgment providing for a
future payment may be extended as provided in ORS 18.182.
(b) This subsection does not apply to
support awards.
(8) This section does not apply to justice
courts, municipal courts or county courts performing judicial functions. [2003
c.576 §18; 2005 c.568 §22; 2005 c.618 §1; 2007 c.22 §1]
Note: See note under 18.048.
18.182
Extension of judgment remedies.
(1) Judgment remedies for a judgment may be extended by filing a certificate of
extension in the court that entered the judgment. The court administrator shall
enter the certificate in the register of the court and in the judgment lien
record. Except as provided in ORS 18.180 to 18.192, a judgment creditor may
file a certificate of extension only if:
(a) Judgment remedies for the judgment
have not expired under ORS 18.180; and
(b) A full satisfaction document for the
money award portion of the judgment has not been filed.
(2) Notwithstanding subsection (1) of this
section, if the judgment debtor has been discharged from debt under federal
bankruptcy laws, a certificate of extension may not be filed except as provided
in this subsection. Judgments are presumed to have not been discharged in
bankruptcy until the judgment debtor establishes that the judgment has been
discharged. If the judgment debtor is discharged from a debt, a certificate of
extension may be filed if:
(a) The debtor owned real property and the
judgment lien attached to that property before the filing of the bankruptcy
petition;
(b) The judgment lien was not avoided by
action of the bankruptcy court;
(c) The judgment lien has not been
discharged under ORS 18.238; and
(d) The certificate of extension includes
a legal description of the real property and a statement that the extension
affects only the lien on the real property described in the certificate.
(3) A certificate of extension must be
signed by the judgment creditor, or by an attorney who represents the judgment
creditor.
(4) Subject to ORS 18.190 and 18.192, if a
certificate of extension is filed after the date on which the judgment remedies
for the judgment expire under ORS 18.180, the certificate has no effect.
(5) The judgment remedies for a judgment
that are extended under the provisions of this section expire 10 years after
the certificate of extension is filed. Judgment remedies for a judgment may be
extended only once under the provisions of this section.
(6) A certified copy of a certificate of
extension, or a lien record abstract for the certificate, may be recorded in
any county in which the judgment was recorded under ORS 18.152, with the effect
provided by ORS 18.152 (4).
(7) Except as provided in ORS 18.185,
18.190 and 18.192, the judgment remedies for the support award portion of a
judgment, and any lump sum money award for unpaid child support installments,
may not be extended under this section.
(8) The judgment remedies for a judgment
in a criminal action may not be extended under this section.
(9) This section does not apply to justice
courts, municipal courts or county courts performing judicial functions. [2003
c.576 §19; 2007 c.339 §5]
18.185
Extension of judgment lien of spousal support award. (1) If a judgment that is entered on or
after January 1, 2004, includes a spousal support award, a judgment creditor
may file a certificate of extension under ORS 18.182 at any time more than 15
years after the entry of the judgment that first establishes the support
obligation and before the judgment lien for the spousal support award portion
of a judgment expires under ORS 18.180 (6)(b). If a certificate of extension is
filed under this subsection:
(a) The judgment lien for the spousal
support award portion of the judgment expires 10 years after the certificate of
extension is filed; and
(b) Any installment arrearage lien that
arises under the judgment, whether before or after the filing of the
certificate, expires 10 years after the installment comes due and is not paid
or when the judgment lien for the spousal support award portion of the judgment
expires under paragraph (a) of this subsection, whichever is first.
(2) Notwithstanding ORS 18.182 (5),
certificates of extension under ORS 18.182 may continue to be filed in the
manner provided by subsection (1) of this section and with like effect for as
long as the judgment lien for the spousal support award portion of a judgment
has not expired and any installments remain to be paid under the judgment. [2003
c.576 §20]
18.190
Spousal support awards in judgments entered before January 1, 2004. (1) The judgment lien for the spousal
support award portion of a judgment that is entered before January 1, 2004,
including any installment arrearage liens that arise under the judgment,
expires 10 years after the entry of the judgment that first establishes the
support obligation unless a certificate of extension is filed under ORS 18.182,
or the judgment was renewed in the manner provided by the statutes in effect
immediately before January 1, 2004, within 10 years after the judgment was
entered.
(2) ORS 18.180 (6) does not operate to
revive the judgment lien of any judgment that expired before January 1, 2004,
under the statutes in effect immediately before January 1, 2004.
(3) This section and ORS 18.180 (6) do not
limit the time during which judgment remedies are available for any judgment
entered before January 1, 2004, and those judgments may continue to be enforced
for the time provided by the law in effect immediately before January 1, 2004,
subject to any requirement for renewal of those judgments. [2003 c.576 §21]
18.192
Child support awards in judgments entered before January 1, 1994. (1) The judgment lien of the child support
award portion of a judgment entered before January 1, 1994, and any installment
arrearage lien that arose under the judgment lien, expires 10 years after the
entry of the judgment that established the support obligation unless the
judgment was renewed in the manner provided by the statutes in effect
immediately before January 1, 2004, within 10 years after the judgment was
entered.
(2) ORS 18.180 (5) does not operate to
revive the judgment lien of any judgment that expired before January 1, 2004.
(3) This section and ORS 18.180 (5) do not
limit the time during which judgment remedies are available for any judgment
entered before January 1, 1994, and those judgments may continue to be enforced
for the time provided by the law in effect immediately before January 1, 2004,
subject to any requirement for renewal of those judgments. [2003 c.576 §22]
18.194
Expiration and extension of judgment remedies for justice and municipal court
judgments. (1) Judgment
remedies for a judgment in justice and municipal courts expire upon full
satisfaction of the money award portion of the judgment.
(2) Except as provided in this section,
judgment remedies for a judgment in a civil action in a justice or municipal
court expire 10 years after the entry of the judgment.
(3) Except as provided in this subsection,
judgment remedies for a judgment in a criminal action in a justice or municipal
court expire 20 years after the entry of the judgment. Judgment remedies for a
judgment in a criminal action in a justice or municipal court that includes a
money award for restitution expire 50 years after the entry of the judgment.
(4) Judgment remedies for a judgment in
justice or municipal court may be extended by filing a certificate of extension
in the court that entered the judgment. The clerk shall enter the certificate
in the docket of the court. A judgment creditor may file a certificate of
extension only if:
(a) Judgment remedies for the judgment
have not expired; and
(b) A full satisfaction document for the
money award portion of the judgment has not been filed.
(5) Notwithstanding subsection (4) of this
section, if the judgment debtor has been discharged from debt under federal
bankruptcy laws, a certificate of extension may not be filed except as provided
in this subsection. Judgments are presumed to have not been discharged in
bankruptcy until the judgment debtor establishes that the judgment has been
discharged. If the judgment debtor is discharged from a debt, a certificate of
extension may be filed if:
(a) The debtor owned real property and the
judgment lien attached to that property before the filing of the bankruptcy
petition;
(b) The judgment lien was not avoided by
action of the bankruptcy court;
(c) The judgment lien has not been
discharged under ORS 18.238; and
(d) The certificate of extension includes
a legal description of the real property and a statement that the extension
affects only the lien on the real property described in the certificate.
(6) If a certificate of extension is filed
under this section after the date on which the judgment remedies for the
judgment expire, the certificate has no effect.
(7) The judgment remedies for a judgment
that are extended under the provisions of this section expire 10 years after
the certificate of extension is filed. Judgment remedies for a judgment may be
extended only once under the provisions of this section.
(8) A certified copy of a certificate of
extension, or a lien record abstract for the certificate, may be recorded in
any county in which the judgment was transcribed or recorded as provided in ORS
52.635 or 221.351, with the effect provided by ORS 18.152 (4).
(9) The judgment remedies for a judgment
in a criminal action may not be extended under this section. [Formerly 18.365;
2005 c.618 §4]
Note: See note under 18.048.
RELEASE OF LIEN
18.200
Release of lien. (1) A
judgment creditor may provide a release of lien document to a judgment debtor
or to any other person with an interest in real property to which a judgment
lien has attached. The release of lien document may be for all real property in
a county or for a single piece of real property in a county. A release of lien
document may be signed by the judgment creditor, or by any attorney who
represents the creditor. The signature of the judgment creditor or attorney
signing a release of lien document must be witnessed by a notary public.
(2) A release of lien document may be
filed with the court administrator at any time after a judgment lien attaches
under ORS 18.150. The court administrator shall note in the register and in the
judgment lien record that the release of lien document has been filed, and also
shall note whether the release is for all real property in a county or only for
a single piece of real property in a county.
(3) A release of lien document may be
recorded in any County Clerk Lien Record in which the judgment was recorded
under ORS 18.152.
(4) Upon filing or recording under this
section, a release of lien document operates to eliminate any judgment lien
arising from the entry or recording of the judgment to the extent reflected in
the document. The filing of a release of lien document does not constitute a
full or partial satisfaction of the judgment.
(5) The court administrator may not charge
a fee for filing a release of lien document.
(6) This section does not apply to justice
courts, municipal courts or county courts performing judicial functions. [2003
c.576 §23; 2007 c.339 §6]
18.202
Reinstatement of lien. (1)
If the administrator, as defined in ORS 25.010, eliminated a judgment lien
document by filing a release of lien document with the court administrator under
ORS 18.200, the administrator may reinstate the lien by recording a notice of
reinstatement in the County Clerk Lien Record for the county where the judgment
was entered.
(2) If the administrator, as defined in
ORS 25.010, eliminated a judgment lien by recording a release of lien document
in a County Clerk Lien Record under the provisions of ORS 18.200, the
administrator may reinstate the lien by recording a notice of reinstatement in
the County Clerk Lien Record for the county in which the release was recorded.
(3) The administrator may reinstate a lien
under this section only if:
(a) The release was for all real property
of a judgment debtor in a county; and
(b) The judgment lien that was eliminated
arose out of the support award portion of the judgment.
(4) A certified copy of the judgment
document, or a lien record abstract for the judgment, must be attached to the
notice of reinstatement and be recorded with the notice. A notice of
reinstatement may be recorded at any time after the release of lien document
was filed or recorded and before the expiration of the judgment remedies for
the judgment that gives rise to the judgment lien.
(5) Upon recording a notice of
reinstatement under this section, the reinstated judgment lien has the same
force and effect as a judgment lien created under ORS 18.152.
(6) A notice of reinstatement must be
signed by the administrator as defined in ORS 25.010, or by an attorney who
represents the administrator. The signature must be witnessed by a notary
public. [2005 c.568 §9]
ASSIGNMENT OF
JUDGMENT
18.205
Assignment of judgment. (1)
A judgment creditor may assign all or part of the creditor’s rights under a
judgment. An assignment of judgment document must be signed by the judgment
creditor, or by an attorney who represents the judgment creditor. The signature
of the judgment creditor or attorney signing the document must be acknowledged
by a notary public. The document may be:
(a) Filed with the court administrator for
the court in which the judgment was entered, and upon such filing shall be
entered in the register and in the judgment lien record; or
(b) Recorded in any County Clerk Lien
Record in which the judgment was recorded under ORS 18.152.
(2) Upon filing or recording under this
section, an assignment of judgment document operates to assign the judgment
creditor’s rights under the judgment to the extent reflected in the document.
(3) If this or another state is assigned
or subrogated to the support rights of a person under ORS 412.024, 418.032,
419B.406 or 419C.597 or similar statutes of another state, an assignment of
judgment document bearing the signature of the Administrator of the Division of
Child Support of the Department of Justice or the authorized representative of
the administrator may be filed or recorded in the same manner as an assignment
of judgment document under subsection (1) of this section and shall have the
same effect as an assignment of judgment document signed by the judgment
creditor.
(4) This section does not apply to justice
courts, municipal courts or county courts performing judicial functions. [2003
c.576 §24; 2007 c.339 §7]
18.210 [Repealed by 1979 c.284 §199]
18.220 [Repealed by 1979 c.284 §199]
SATISFACTION OF
MONEY AWARDS
18.225
Satisfaction of money awards generally. (1) A satisfaction document may be for full or partial satisfaction of
a money award. The title of the document must indicate whether the money award
has been partially or fully satisfied. A satisfaction document must be signed
by the judgment creditor or by an attorney who represents the judgment
creditor. The signature of the judgment creditor or attorney signing a
satisfaction document must be witnessed by a notary public.
(2) When the money award portion of a
judgment has been fully satisfied, the judgment creditor must:
(a) File a satisfaction document for the
full amount of the money award portion of the judgment in the county in which
the judgment was entered; and
(b) Deliver to the judgment debtor a
satisfaction document for the full amount of the money award portion of the
judgment for every county in which the judgment has been recorded under ORS
18.152.
(3) Upon request by a judgment debtor or
any person with an interest in real property subject to a judgment lien, a
judgment creditor must provide to the judgment debtor a satisfaction document
for all amounts credited against a money award as of the date that the
satisfaction document is signed.
(4) A satisfaction document may be filed
with the court administrator at any time after entry of a judgment. The court
administrator may not charge a fee for filing a satisfaction document. The
court administrator shall note in the register and in the judgment lien record
that the satisfaction document has been filed, and shall note if the document indicates
that the money award has been fully satisfied.
(5) Upon payment of all required fees, the
court administrator shall issue a certified copy of any satisfaction document
filed with the court administrator and entered in the court register. The certified
copy may be recorded in any County Clerk Lien Record in which the judgment was
recorded under ORS 18.152.
(6) A satisfaction document for a support
award that is paid to the Department of Justice may be filed with the court
administrator only as provided in ORS 18.228.
(7) This section does not apply to justice
courts, municipal courts or county courts performing judicial functions. [2003
c.576 §25; 2007 c.339 §8]
18.228
Satisfaction of support awards payable to Department of Justice. (1) If a support award is paid to the
Department of Justice, the judgment creditor may receive credit for
satisfaction of the judgment only in the manner provided by this section. The
department may provide judgment creditors with forms and instructions for
satisfaction of support awards under this section.
(2) Any satisfaction document for a
support award described in subsection (1) of this section must be mailed to or
delivered to the Department of Justice, and not to the court administrator. The
department shall credit the amounts reflected in the satisfaction document to
the support award pay records maintained by the department. Except as provided
in subsection (3) of this section, the department shall not credit amounts
against the support award pay records to the extent that the judgment is
assigned or subrogated to this or another state. The Department of Justice
shall thereafter promptly forward the satisfaction document to the court
administrator for the court in which the money award was entered, together with
a certificate from the department stating the amounts reflected as paid in the
support award pay records maintained by the department. The court administrator
shall note in the register as paid only the amount stated in the certificate,
and not the amount shown on the satisfaction document.
(3) If a support award has been assigned
to this state, the Department of Justice may satisfy the support award to the
extent of the assignment. The department may credit the amounts reflected in
the satisfaction document to the support award pay records maintained by the
department and file the satisfaction document with the court administrator for
the court in which the money award was entered, together with a certificate
from the department stating the amounts reflected as paid in the support award
pay records. The court administrator shall note in the register and in the
judgment lien record the amount of satisfaction shown on the certificate, and
not the amount shown on the satisfaction document.
(4) Unless a judgment requires that
payments under a support award be paid to the Department of Justice or
enforcement services are provided pursuant to ORS 25.080, all satisfaction
documents for a support award must be filed with the court administrator. [2003
c.576 §26; 2007 c.339 §9]
18.230 [Amended by 1967 c.466 §1; 1975 c.134 §1;
repealed by 1979 c.284 §199]
18.232
Alternate method for satisfaction of support awards payable to Department of
Justice. (1) In addition to
or in lieu of the certificate and satisfaction document provided for in ORS
18.228, the Department of Justice may execute and file a satisfaction document
for a support award requiring payment to the department if:
(a) The judgment debtor provides a sworn
affidavit indicating that the money award has been paid in full;
(b) The department certifies that the
department has a complete pay record for the payments under the support award;
and
(c) The department certifies that there
are no arrearages.
(2) The Department of Justice shall be
considered to have a complete pay record for the purposes of subsection (1) of
this section if the department has kept the pay record for the support award
from the date that the first payment was to be made under the support award, or
if the judgment creditor or an entity providing enforcement services under ORS
25.080 establishes arrearages for the time period the pay record was not kept
by the department.
(3) The signature of a person signing a
satisfaction document filed under this section need not be acknowledged by a
notary public.
(4) If a satisfaction document under this
section is for any payment made to the Department of Justice for amounts that
have not been assigned by the judgment creditor to the state, the department
shall give notice to the judgment creditor in the manner provided by ORS
25.085. The notice must inform the judgment creditor that the department will
execute and file the satisfaction of judgment unless the department receives a
request for a hearing within 30 days after the date the notice was mailed. If a
judgment creditor requests a hearing, the Department of Justice shall conduct
the hearing as a contested case under ORS chapter 183 before a hearing officer
appointed by the department. [2003 c.576 §27]
18.235
Motion to satisfy money award.
(1) A judgment debtor, or a person with an interest in real property against
which a judgment lien exists, may move the court for an order declaring that a
money award has been satisfied or for a determination of the amount necessary
to satisfy the money award, when the person making the motion cannot otherwise
obtain a satisfaction document from a judgment creditor.
(2) Motions under this section shall be
filed in the action in which the judgment was entered. All proceedings on the
motion shall be conducted as part of the action in which the judgment was
entered. An appearance fee may not be charged for filing a motion under this
section.
(3) A motion under this section must
include the following information, to the extent known to the person making the
motion:
(a) The date of entry and principal amount
of the money award.
(b) The rate of interest and the date the
interest commenced to accrue.
(c) The date or dates and amounts of any
payments on the money award.
(d) Any amount that the person believes
remains to be paid on the money award, including any supporting mathematical
calculations.
(e) Any other information necessary or
helpful to the court in making its determination.
(4) A person making a motion under this
section must serve the motion on the judgment creditor. If the person making
the motion is not the judgment debtor, the person also must serve the motion
and supporting affidavit on the judgment debtor. If an assignment of judgment
document has been filed with the court under ORS 18.205, the motion must be
served on the person named as the assignee of the judgment. Service on the
judgment creditor and judgment debtor under this subsection may be made as
provided in ORCP 9 if the motion is filed within one year after entry of the
judgment. If the motion is filed more than one year after entry of the
judgment, or service is to be made on an assignee of the judgment, the motion
may either be personally served as provided in ORCP 7, or be served by
certified mail, return receipt requested with signed receipt. The court may
waive service on any person under this subsection if the person making the
motion files an affidavit with the court stating that the person cannot be
found after diligent effort by the person making the motion. The person making
the motion shall file proof of service with the court.
(5) A person served with a motion under
this section must file a response within 21 days after service is made, or
within such time as may be allowed by the court. The response must specifically
identify those assertions in the motion that the person contests. The response
must contain any information or mathematical calculations necessary to support
the contentions of the responding party.
(6) The court shall hear the motion not
less than seven days after notice of hearing is given to the person making the
motion and to the parties served with the motion. The court shall hear and
determine the issues in a summary fashion without a jury. The court shall give
the parties a reasonable opportunity to present evidence relevant to any
factual issues.
(7) If the court determines that the
person making the motion is entitled to relief, the court shall issue an order
providing that the money award has been satisfied in full or, if the money
award has not been satisfied in full, the specific amount that will satisfy the
judgment on a specific date or within a period of time specified in the order.
(8) If the court finds that the judgment
creditor willfully failed to provide a satisfaction document under ORS 18.225,
the court may render a supplemental judgment awarding reasonable attorney fees
to the person making the motion. The supplemental judgment may provide that the
person making the motion may satisfy the judgment by paying such amounts the
court determines to be necessary to satisfy the judgment less that sum of money
the court awards as attorney fees.
(9) If the court finds that the money
award has been satisfied, or if the amount specified by the court is paid to
the court administrator within the time specified by the court, the court
administrator shall note in the register and in the judgment lien record that
the money award has been satisfied in full. The court administrator shall
deliver any money paid to the court administrator to the party or parties
specified in the court’s order.
(10) Upon request of the person making the
motion, the court administrator shall issue a certificate indicating that the
money award has been satisfied. The certificate may be recorded in any County
Clerk Lien Record in which the judgment was recorded under ORS 18.152.
Recording of the certificate eliminates any judgment lien that was created by
the recording of the judgment.
(11) At least five days before filing a
motion under this section, the person must serve by personal delivery or first
class mail a copy of the motion on the Administrator of the Division of Child
Support of the Department of Justice, or on the branch office of the Department
of Justice providing support services to the county in which the motion will be
made, if:
(a) The motion relates to satisfaction of
a support award; and
(b) Child support rights, as defined in
ORS 25.010, for the judgment creditor have been assigned to the state.
(12) This section does not apply to
justice courts, municipal courts or county courts performing judicial
functions. [2003 c.576 §28; 2007 c.166 §3; 2007 c.339 §10]
18.238
Proceedings after discharge in bankruptcy. (1) Any person discharged from debts pursuant to the federal
bankruptcy laws may file in any court or tribunal in which a judgment has at
any time been rendered against the person, either before or after such
discharge, a motion in the suit, action or proceeding for the discharge of the
judgment from the record. After notice to the judgment creditor, or to any
assignee of the judgment creditor whose assignment has been filed or recorded
under ORS 18.205, the court shall enter a final order that the judgment be
discharged and satisfied of record if the debtor establishes that:
(a) The debtor has been discharged from
the payment of the judgment or the claim upon which the judgment was based; and
(b) Either there was no property to which
a judgment lien had attached under ORS 18.150, 18.152, 52.635 or 221.351, as of
the date the petition for relief is filed under the federal bankruptcy laws, or
if there was such property, the value of the property on the date of the filing
of the petition was not more than the outstanding balance of any prior lien or
liens upon the property.
(2) If the debtor fails to meet the burden
of proof established by subsection (1) of this section, the court shall enter a
final order denying the debtor’s motion.
(3) For the purposes of this section, when
notice was given in connection with bankruptcy proceedings to a creditor retaining
a beneficial interest in an assigned judgment or claim, such notice shall
provide the basis for the satisfaction of that portion of the judgment in which
the creditor retains a beneficial interest. When the bankrupt received notice
prior to the adjudication of bankruptcy of the assignment of a judgment or
claim, notice to the assignor retaining a beneficial interest may not provide
the basis for satisfaction for that portion of the judgment which represents
the amount actually paid by the assignee of the judgment for the claim and
actual court costs incurred by the assignee in prosecuting the claim. [Formerly
18.420]
18.240 [Repealed by 1979 c.284 §199]
CONTRIBUTION
18.242
Contribution among judgment debtors; subrogation of surety. When property liable to an execution against
several persons is sold thereon, and more than a due proportion of the judgment
is levied upon the property of one of them, or one of them pays, without a
sale, more than that person’s proportion, that person may compel contribution
from the others; and when a judgment is against several, and is upon an
obligation or contract of one of them as security for another, and the surety
pays the amount, or any part thereof, either by sale of property or before
sale, the surety may compel repayment from the principal. In such cases, the
person so paying or contributing shall be entitled to the benefit of the
judgment to enforce contribution or repayment, if within 30 days after payment
the person files with the clerk of the court where the judgment was rendered,
notice of payment and claim to contribution or repayment; upon filing such
notice, the clerk shall make an entry thereof in the margin of the docket where
the judgment is entered. In any county where the judgment was recorded the person
may have the notice of payment and claim to contribution or repayment recorded
in the County Clerk Lien Record. [Formerly 18.430]
Note: 18.242 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 18 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
APPEAL
18.245
Jurisdictional requirements.
The following requirements are the only requirements of this chapter that are
jurisdictional for the purposes of appeal of a judgment:
(1) The judgment document for the judgment
must be plainly titled as a judgment as required by ORS 18.038 (1).
(2) The judgment document for the judgment
must comply with the requirements of ORS 18.038 (4).
(3) The court administrator for the
circuit court rendering the judgment must note in the register of the court
that the judgment document has been filed, as required by ORS 18.058 (1). [2005
c.568 §2]
Note: See first note under 18.005.
18.250 [Repealed by 1979 c.284 §199]
ENFORCEMENT OF
JUDGMENTS
(Generally)
18.252
Execution. (1) Except as
provided in this section, and subject to the terms of the judgment, a judgment
may be enforced by execution upon entry of the judgment. The ability to enforce
a judgment by execution expires as provided in ORS 18.180 to 18.192.
(2) Any portion of a money award that by
the terms of the judgment is to be paid on some date after the date that the
judgment is entered may be enforced by execution when payment becomes due under
the terms of the money award and is not paid.
(3) Except as provided in ORS 18.255 or by
other law, a judgment may be enforced only by the court in which the judgment
is entered or, if the judgment is a foreign judgment, the court in which the
judgment is first filed under ORS 24.115 or 110.405.
(4) Nothing in ORS 18.252 to 18.993
affects the ability of a judgment creditor to enforce a judgment by means other
than execution. [2003 c.576 §29]
18.255
Enforcement of judgment by circuit court for county where debtor resides. (1) The circuit court for the county where a
judgment debtor resides may enforce a circuit court judgment entered in another
circuit court if a transcript of the original judgment is filed with the court.
The circuit court for the county where a judgment debtor resides may issue a
writ of execution against real property under the provisions of this section
only if a certified copy of the original judgment, or a lien record abstract in
the form provided by ORS 18.170, is recorded in the County Clerk Lien Record
for that county, in addition to the filing of a transcript of the original
judgment with the circuit court for that county. In no event shall the court
administrator be liable for issuing a writ of execution, writ of garnishment or
other execution for a judgment transcribed pursuant to this section.
(2) A judgment creditor who files a
transcript of a judgment under subsection (1) of this section must give written
notice of the filing to the circuit court in which the judgment was originally
entered.
(3) At the time a transcript of a judgment
is filed under this section, the judgment creditor or the attorney for the
judgment creditor must make and file with the court administrator a statement
containing the information required for a money award under ORS 18.042 (2) and
an affidavit setting forth:
(a) The name and last-known address of the
judgment creditor;
(b) The name and last-known address of the
judgment debtor;
(c) A statement that the judgment creditor
has a good faith belief that the judgment debtor resides in the county in which
the transcript of the judgment is filed;
(d) A statement that the judgment has not
been satisfied and that execution on the judgment has not been stayed; and
(e) A statement that written notice of the
filing has been given to the circuit court in which the judgment was originally
entered.
(4) The circuit court in which a
transcript of a judgment is filed under this section is the only court with
authority to issue a writ of execution, writ of garnishment or other execution
on the transcribed judgment until the judgment creditor files an affidavit with
the circuit court certifying that the judgment debtor no longer resides in that
county. A copy of the affidavit must be filed by the judgment creditor in the
court in which the judgment was originally entered. After the filing of an
affidavit under this subsection, only the circuit court in which the judgment
was originally entered may issue a writ of execution, writ of garnishment or
other execution on the judgment.
(5) When a transcribed judgment is filed
with a circuit court under this section, the court administrator shall enter
the transcribed judgment in the register but shall not note in the register
that the judgment creates a judgment lien. The files and records of the court
in which the judgment was originally entered remain the official record of the
proceeding, and files and records maintained by a court in which a transcribed
judgment has been filed are auxiliary to the files and records of the court in
which the judgment was originally entered. Satisfaction documents under ORS
18.225 and certificates of extension under ORS 18.180 to 18.192 may be filed
only in the court in which the judgment was originally entered.
(6) This section does not apply to justice
courts, municipal courts or county courts performing judicial functions. [2003
c.576 §30]
18.260 [Amended by 1971 c.224 §1; repealed by 1979
c.284 §199]
(Proceedings in
Support of Execution)
18.265
Debtor examination. (1) At
any time after a judgment is entered, a judgment creditor may upon motion
obtain an order requiring the judgment debtor to appear before the court or a
referee appointed by the court at the time and place specified in the order,
and requiring the judgment debtor to answer under oath questions concerning any
property or interest in property that the judgment debtor may have or claim.
The motion must be supported by one of the following:
(a) Proof of service of a notice of demand
to pay the judgment within 10 days. The notice of demand must be served in the
same manner as a summons or by any form of mail addressed to the judgment
debtor and requesting a receipt. Service by mail under this paragraph is
effective on the date of mailing.
(b) A return of a writ of execution
showing that the judgment has not been satisfied.
(c) A garnishee response to a writ of
garnishment that does not fully satisfy the judgment.
(2) Only the following courts may issue an
order under this section:
(a) The court in which the original judgment
was entered.
(b) Any circuit court for the county in
which the judgment debtor resides and in which the judgment has been recorded
under ORS 18.152.
(c) Any circuit court for the county in
which the principal place of employment of the judgment debtor is located and
in which the judgment has been recorded under ORS 18.152.
(3) If a motion under this section is
filed in the court specified by subsection (2)(b) or (c) of this section, a
certified copy of the judgment or a certified copy of the recording made in the
County Clerk Lien Record of the county must be filed with the motion unless a
transcript of the judgment has been filed with the court under ORS 18.255.
(4) Except as provided in this section, a
judgment debtor may not be required to attend in a county other than the county
in which the judgment debtor resides or may be found at the time of service of
the order requiring the appearance, unless the place where the judgment debtor
is to appear is not more than 100 miles from the residence of the judgment
debtor.
(5) If the judgment debtor resides more
than 100 miles from the place of examination, the judgment debtor shall be
required to appear and shall be paid mileage at the time of the hearing as
provided for witnesses in ORS 44.415.
(6) Upon motion and good cause shown, the
court may order that proceedings under this section be conducted at a time or
place other than the time or place specified in the original order.
(7) The court may at any time enter an
order restraining the judgment debtor from selling, transferring or in any
manner disposing of any property of the judgment debtor that is subject to
execution pending an examination under this section. [2003 c.576 §31]
18.268
Conduct of debtor examination; seizure of property. (1) A judgment debtor may be examined on
oath concerning the judgment debtor’s property in a debtor’s examination. Upon
request by the judgment creditor, the proceedings shall be reduced to writing
and filed with the court administrator. The judgment creditor and judgment
debtor may subpoena and examine witnesses.
(2) If it appears that the judgment debtor
has any property that may be applied against the judgment, the court may order
that the property be seized for application against the judgment. [2003 c.576 §32]
18.270
Written interrogatories. (1)
At any time after a judgment is entered, a judgment creditor may serve written
interrogatories relating to the judgment debtor’s property and financial
affairs on a judgment debtor. The interrogatories may be personally served in
the manner provided for summons or may be served by any form of mail addressed
to the judgment debtor and requesting a receipt. Service by mail under this
subsection is effective on the date of mailing. The interrogatories shall
notify the judgment debtor that the judgment debtor’s failure to answer the
interrogatories truthfully shall subject the judgment debtor to the penalties
for false swearing as provided in ORS 162.075 and for contempt of court as
provided in ORS 33.015 to 33.155.
(2) Within 20 days after receipt of the
interrogatories, the judgment debtor must answer all questions under oath and
return the original interrogatories to the judgment creditor.
(3) Failure of the judgment debtor to
comply with the provisions of this section is contempt of court, and the
judgment creditor may commence proceedings under the provisions of ORS 33.015
to 33.155. [2003 c.576 §33; 2005 c.22 §7]
EXEMPT PROPERTY
(Generally)
18.300
Resident not entitled to federal bankruptcy exemptions. In accordance with Section 522 (b) of the
Bankruptcy Code of 1978 (11 U.S.C. 522 (b)), residents of this state shall not
be entitled to the federal exemptions provided in Section 522 (d) of the
Bankruptcy Code of 1978 (11 U.S.C. 522 (d)). Nothing in this section shall
affect the exemptions given to residents of this state by the Constitution of
the State of
18.305
Property not exempt from execution for purchase price. No article of property, or if the same has
been sold or exchanged, then neither the proceeds of such sale nor the articles
received in exchange therefor, shall be exempt from execution issued on a
judgment recovered for its price. [Formerly 23.220]
18.310 [Amended by 1967 c.471 §1; repealed by 1979
c.284 §199]
18.312
Execution not to issue against property of deceased party; exception. (1) Except as provided in subsection (2) of
this section, execution may not be issued against the property of a deceased
party. Except as provided in subsection (2) of this section, a judgment against
a deceased party may be collected only by making a claim against the estate of
the deceased party in the manner prescribed by ORS chapter 115 or ORS 114.505
to 114.560.
(2) This section does not prevent the
issuance of execution and sale of property pursuant to a judgment of
foreclosure and sale of property of the decedent. If the amount realized from
the sale of property is not sufficient to satisfy the judgment and collection
of the deficiency is otherwise allowed by law, the amount of the deficiency may
be collected by making a claim against the estate in the manner prescribed by
ORS chapter 115 or ORS 114.505 to 114.560. [Formerly 23.105; 2007 c.495 §1]
Note: Section 2, chapter 495, Oregon Laws 2007,
provides:
Sec.
2. The amendments to ORS
18.312 by section 1 of this 2007 Act apply to all decedents, whether dying
before, on or after the effective date of this 2007 Act [January 1, 2008].
[2007 c.495 §2]
18.315 [1999 c.788 §15; repealed by 2003 c.576 §580]
18.318
Execution against property in possession or control of public officer or
agency. Any salary, wages,
credits, or other personal property in the possession or under the control of
the state or of any county, city, school district or other political subdivision
therein, or any board, institution, commission, or officer of the same,
belonging or owed to any person, firm or corporation, shall be subject to
execution in the same manner and with the same effect as property in the
possession of individuals is subject to execution; however, process in such
proceedings may be served only on the board, department, institution,
commission, agency, or officer charged with the duty of approving a voucher or
claim for such salary, wages, credits, or other property. No clerk or officer
of any court shall be required to answer as garnishee as to any moneys or
property in the possession of the clerk or officer in the custody of the law. [Formerly
23.190]
18.320 [Amended by 1961 c.151 §1; 1983 c.405 §1;
1983 c.696 §3; 1985 c.343 §1; 1987 c.586 §3; 1989 c.768 §5; 1993 c.223 §2; 1997
c.801 §59; 1999 c.80 §31; 1999 c.788 §18; repealed by 2003 c.576 §580]
18.322
Adjudication of claim of exemption. The judgment debtor’s claim of exemption shall, upon application of
either plaintiff or judgment debtor, be adjudicated in a summary manner at a
hearing in the court out of which the execution issues. [Formerly 23.168; 2005
c.542 §56]
18.325 [1987 c.586 §2b; 1989 c.171 §2; 1999 c.59 §6;
1999 c.80 §32; 1999 c.195 §5; 2003 c.73 §13; 2003 c.576 §570; renumbered 18.170
in 2003]
18.330 [Repealed by 1959 c.558 §29 (18.335 enacted
in lieu of 18.330)]
18.335 [1959 c.558 §30 (enacted in lieu of 18.330);
1979 c.284 §54; 1983 c.405 §2; 1987 c.873 §21; 1997 c.340 §5; 1997 c.872 §16;
2001 c.249 §67; repealed by 2003 c.576 §580]
18.340 [Repealed by 1959 c.558 §51]
(Personal
Property)
18.345
Exempt personal property generally. (1) All property, including franchises, or rights or interest therein,
of the judgment debtor, shall be liable to an execution, except as provided in
this section and in other statutes granting exemptions from execution. The
following property, or rights or interest therein of the judgment debtor,
except as provided in ORS 18.305, shall be exempt from execution:
(a) Books, pictures and musical
instruments to the value of $600.
(b) Wearing apparel, jewelry and other
personal items to the value of $1,800.
(c) The tools, implements, apparatus,
team, harness or library, necessary to enable the judgment debtor to carry on
the trade, occupation or profession by which the judgment debtor habitually
earns a living, to the value of $3,000.
(d) A vehicle to the value of $2,150. As
used in this paragraph “vehicle” includes an automobile, truck, trailer, truck
and trailer or other motor vehicle.
(e) Domestic animals and poultry kept for
family use, to the total value of $1,000 and food sufficient to support such
animals and poultry for 60 days.
(f) Household goods, furniture, radios, a
television set and utensils all to the total value of $3,000, if the judgment
debtor holds the property primarily for the personal, family or household use
of the judgment debtor; provisions actually provided for family use and
necessary for the support of a householder and family for 60 days and also 60
days’ supply of fuel.
(g) All property of the state or any
county or incorporated city therein, or of any other public or municipal
corporation of like character.
(h) All professionally prescribed health
aids for the debtor or a dependent of the debtor.
(i) Spousal support, child support, or
separate maintenance to the extent reasonably necessary for the support of the
debtor and any dependent of the debtor.
(j) The debtor’s right to receive, or
property that is traceable to, an award under any crime victim reparation law.
(k) The debtor’s right to receive, or
property that is traceable to, a payment or payments, not to exceed a total of
$10,000, on account of personal bodily injury of the debtor or an individual of
whom the debtor is a dependent.
(L) The debtor’s right to receive, or
property that is traceable to, a payment in compensation of loss of future
earnings of the debtor or an individual of whom the debtor is or was a
dependent, to the extent reasonably necessary for the support of the debtor and
any dependent of the debtor.
(m) Veterans’ benefits and loans.
(n) The debtor’s right to receive an
earned income tax credit under the federal tax laws and any moneys that are
traceable to a payment of an earned income tax credit under the federal tax
laws.
(o) The debtor’s interest, not to exceed
$400 in value, in any personal property. However, this exemption may not be
used to increase the amount of any other exemption.
(2) If the property claimed by the
judgment debtor as exempt is adjudicated by the court out of which the
execution issued to be of a value in excess of that allowed by the appropriate
paragraph of subsection (1) of this section, the officer seizing the property
shall proceed to sell such property. Out of the proceeds of such sale, the
officer shall deduct costs of sale and shall pay to the judgment debtor an
amount equivalent to the value declared to be exempt by any of the paragraphs
of subsection (1) of this section and shall apply the balance of the proceeds
of sale on the execution. A sale may not be made under such execution unless
the highest bid made exceeds the appropriate exemption claimed and allowed plus
costs of sale. If no bid is received in excess of the value allowed by the
appropriate paragraph of subsection (1) of this section, the costs of sale
shall be borne by the judgment creditor.
(3) If two or more members of a household
are joint judgment debtors, each judgment debtor shall be entitled to claim the
exemptions in subsection (1)(a), (b), (c), (d) and (o) of this section in the
same or different properties. The exemptions provided by subsection (1)(a),
(b), (c), (d), (j), (k) and (o) of this section, when claimed for jointly owned
property, may be combined at the option of the debtors.
(4) Notwithstanding any other provision of
law except ORS 657.855, if a writ of garnishment or other execution is issued
to collect past due support as defined in ORS 18.600, 75 percent of
unemployment compensation benefits, workers’ compensation benefits and other
benefits paid to the debtor by the United States, by the state or by a
political subdivision of the state are exempt. The exemption related to
unemployment compensation benefits provided by this subsection is subject to
ORS 657.855. The exemption provided by this subsection applies without regard
to whether the payment is made on a periodic basis or in a lump sum, including
any lump sum payable pursuant to a settlement or judgment. Notwithstanding
subsection (1)(k) of this section, if a payment is made under a settlement or
judgment on account of personal bodily injury and the garnishment or other
execution is issued to collect past due support as defined in ORS 18.600, the
lesser of 75 percent of the payment or $7,500 is exempt. [Formerly 23.160; 2005
c.456 §1]
18.348
Certain funds exempt when deposited in account; limitations. (1) All funds exempt from execution and
other process under ORS 18.358, 18.385 (2) to (4), 238.445, 344.580, 348.863,
401.405, 407.595, 411.760, 414.095, 655.530, 656.234, 657.855 and 748.207 and
38 U.S.C. 3101 and 42 U.S.C. 407 shall remain exempt when deposited in an
account of a judgment debtor as long as the exempt funds are identifiable.
(2) Except as provided in subsection (3)
of this section, the provisions of subsection (1) of this section do not apply
to any accumulation of funds greater than $7,500.
(3) Subsection (2) of this section does
not apply to funds exempt from execution or other process under 42 U.S.C. 407. [Formerly
23.166; 2005 c.381 §19]
18.350 [Amended by 1961 c.151 §2; 1983 c.405 §3;
1983 c.696 §3a; 1985 c.343 §2; 1987 c.586 §4; 1993 c.523 §1; 1997 c.71 §13;
1997 c.801 §66; 1999 c.195 §1; 1999 c.788 §21a; repealed by 2003 c.576 §580]
18.352
Proceeds of casualty and indemnity insurance attachable on execution. Whenever a judgment debtor has a policy of
insurance covering liability, or indemnity for any injury or damage to person
or property, which injury or damage constituted the cause of action in which
the judgment was rendered, the amount covered by the policy of insurance shall
be subject to attachment upon the execution issued upon the judgment. [Formerly
23.230]
18.355 [1999 c.788 §16; 2003 c.576 §93; renumbered
18.162 in 2003]
18.358
Certain retirement plans exempt from execution; exceptions. (1) As used in this section:
(a) “Beneficiary” means a person for whom
retirement plan benefits are provided and their spouse.
(b) “Internal Revenue Code” means the
federal Internal Revenue Code as amended and in effect on December 31, 1998.
(c) “Permitted contribution” means:
(A) A contribution that, at the time of
the contribution, is not taxable income to the beneficiary and, if the sponsor
is a taxable entity, is tax deductible to the sponsor;
(B) A nondeductible contribution by a
beneficiary to a retirement plan to the extent that the contribution is
permitted to be made under the Internal Revenue Code;
(C) A deductible or nondeductible
contribution to an individual retirement account to the extent the contribution
is not subject to federal excise tax as an excess contribution;
(D) A contribution, pursuant to a rollover
or transfer, from one retirement plan to another, to the extent the federal tax
deferred status is preserved at such time;
(E) A rollover from an individual
retirement account described in section 408 of the Internal Revenue Code to an
individual retirement account described in section 408A of the Internal Revenue
Code; and
(F) Any earnings under a retirement plan
which are attributable to a contribution described in subparagraphs (A) to (E)
of this paragraph.
(d) “Retirement plan” means:
(A) A pension plan and trust, including a
profit sharing plan, that is described in sections 401(a), 401(c), 401(k), 403
and 457 of the Internal Revenue Code, including that portion attributable to
contributions made by or attributable to a beneficiary;
(B) An individual retirement account or
annuity, including one that is pursuant to a simplified employee pension, as
described in section 408 or 408A of the Internal Revenue Code; and
(C) Any pension not described in
subparagraphs (A) and (B) of this paragraph granted to any person in
recognition or by reason of a period of employment by or service for the
Government of the
(e) “Sponsor” means an individual or
entity which establishes a retirement plan.
(2) Subject to the limitations set forth
in subsection (3) of this section, a retirement plan shall be conclusively
presumed to be a valid spendthrift trust under these statutes and the common
law of this state, whether or not the retirement plan is self-settled, and a
beneficiary’s interest in a retirement plan shall be exempt, effective without
necessity of claim thereof, from execution and all other process, mesne or
final.
(3) Notwithstanding subsection (2) of this
section:
(a) A contribution to a retirement plan,
other than a permitted contribution, shall be subject to ORS 95.200 to 95.310
concerning fraudulent transfers; and
(b) Unless otherwise ordered by a court
under ORS 25.387, 75 percent of a beneficiary’s interest in a retirement plan
shall be exempt from execution or other process arising out of a support
obligation or an order or notice entered or issued under ORS chapter 25, 107,
108, 109, 110, 416, 419B or 419C. [Formerly 23.170]
18.360 [Amended by 1983 c.405 §4; 1983 c.696 §32a;
1985 c.343 §3; 1987 c.586 §5; 1993 c.716 §1; 1993 c.763 §6; 1995 c.79 §5; 1997
c.801 §103; 1999 c.788 §22; repealed by 2003 c.576 §580]
18.362
Exemption for firearms.
Every citizen of this state above the age of 16 years shall be entitled to
have, hold and keep, for the own use and defense of the citizen and shall have
exempt from execution one rifle or shotgun and one pistol. The combined value
of all firearms claimed as exempt under this section may not exceed $1,000. [Formerly
23.200]
18.364
Prohibition on demanding firearms. No officer, civil or military, or other person, shall take from or
demand of the owner any firearms mentioned in ORS 18.362, except where the
services of the owner are also required to keep the peace or defend the state. [Formerly
23.210]
18.365 [1999 c.788 §17; 2003 c.576 §94; renumbered
18.194 in 2003]
18.370 [Amended by 1987 c.586 §6; 2003 c.576 §45a;
renumbered 18.165 in 2003]
(Wages)
18.375
Definitions. As used in this
section and ORS 18.385:
(1) “Disposable earnings” means that part
of the earnings of an individual remaining after the deduction from those
earnings of any amounts required to be withheld by law.
(2) “Earnings” means compensation paid or
payable for personal services, whether denominated as wages, salary,
commission, bonus or otherwise, and includes periodic payments pursuant to a
pension or retirement program.
(3) “Employer” means any entity or
individual who engages a person to perform work or services for which
compensation is given in periodic payments or otherwise, even though the
relationship of the person so engaged to the employer may be as an independent
contractor for other purposes.
(4) “Garnishment” means any legal or
equitable procedure through which the earnings of an individual are required to
be withheld for payment of a debt. “Garnishment” does not include the procedure
authorized by ORS 25.372 to 25.427, 419B.408 or 419C.600 or ORS chapter 110. [Formerly
23.175]
18.380 [Repealed by 1985 c.343 §14]
18.385
Wage exemption. (1) Except
as provided in this section, 75 percent of the disposable earnings of an
individual are exempt from execution.
(2) 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:
(a) $183 for any period of one week or
less;
(b) $366 for any two-week period;
(c) $394 for any half-month period;
(d) $786 for any one-month period; and
(e) For any other period longer than one
week, $183 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.
(3) If an individual is paid for a period
shorter than one week, the exemption calculated under subsection (2) of this
section may not exceed $183 for any one-week period.
(4) 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, 419B.408
or 419C.600 or ORS chapter 110. The employer shall make payment under a
garnishment only of those amounts remaining after the deduction is made.
(5) Subsections (1) to (4) of this section
do not apply to:
(a) Any order of a court of bankruptcy.
(b) Any debt due for federal tax.
(6) 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).
(7) A court may not make, execute or
enforce any order or process in violation of this section.
(8) Any waiver by an individual of the
provisions of this section is void.
(9) An employer may not discharge any
individual because the individual has had earnings garnished. [Formerly 23.186;
2007 c.496 §9]
Note: The amendments to 18.385 by section 14,
chapter 496, Oregon Laws 2007, become operative January 1, 2009, and apply only
to writs of garnishment and notices of garnishment delivered on or after
January 1, 2009. See section 18, chapter 496, Oregon Laws 2007. The text that
is operative on and after January 1, 2009, is set forth for the user’s
convenience.
18.385. (1) Except as provided in this section, 75
percent of the disposable earnings of an individual are exempt from execution.
(2) 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:
(a) $196 for any period of one week or
less;
(b) $392 for any two-week period;
(c) $420 for any half-month period;
(d) $840 for any one-month period; and
(e) For any other period longer than one
week, $196 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.
(3) If an individual is paid for a period
shorter than one week, the exemption calculated under subsection (2) of this
section may not exceed $196 for any one-week period.
(4) 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, 419B.408
or 419C.600 or ORS chapter 110. The employer shall make payment under a
garnishment only of those amounts remaining after the deduction is made.
(5) Subsections (1) to (4) of this section
do not apply to:
(a) Any order of a court of bankruptcy.
(b) Any debt due for federal tax.
(6) 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).
(7) A court may not make, execute or
enforce any order or process in violation of this section.
(8) Any waiver by an individual of the provisions
of this section is void.
(9) An employer may not discharge any
individual because the individual has had earnings garnished.
18.390 [Amended by 1961 c.151 §3; 1983 c.696 §4;
repealed by 1985 c.343 §14]
(Homesteads)
18.395
Homestead exemption. (1) A
homestead shall be exempt from sale on execution, from the lien of every
judgment and from liability in any form for the debts of the owner to the
amount in value of $30,000, except as otherwise provided by law. The exemption
shall be effective without the necessity of a claim thereof by the judgment
debtor. When two or more members of a household are debtors whose interests in
the homestead are subject to sale on execution, the lien of a judgment or
liability in any form, their combined exemptions under this section shall not
exceed $39,600. The homestead must be the actual abode of and occupied by the
owner, or the owner’s spouse, parent or child, but the exemption shall not be
impaired by:
(a) Temporary removal or temporary absence
with the intention to reoccupy the same as a homestead;
(b) Removal or absence from the property;
or
(c) The sale of the property.
(2) The exemption shall extend to the
proceeds derived from such sale to an amount not exceeding $30,000 or $39,600,
whichever amount is applicable under subsection (1) of this section, if the
proceeds are held for a period not exceeding one year and held with the
intention to procure another homestead therewith.
(3) The exemption period under subsection
(1)(b) and (c) of this section shall be one year from the removal, absence or
sale, whichever occurs first.
(4) When the owner of a homestead has been
granted a discharge in bankruptcy or has conveyed the homestead property, the
value thereof, for the purpose of determining a leviable interest in excess of
the homestead exemption, shall be the value on the date of the petition in
bankruptcy, whether the value is determined in the bankruptcy proceedings or
not, or on the date the conveyance becomes effective, whichever shall first
occur. However, with respect to judgments not discharged in the bankruptcy, or
entered against the owner after discharge, the value on the effective date of
conveyance shall be controlling.
(5) Except as provided in subsection (7)
of this section, no homestead that is the actual abode of and occupied by the
judgment debtor, or that is the actual abode of and occupied by a spouse,
dependent parent or dependent child of the judgment debtor, shall be sold on
execution to satisfy a judgment that at the time of entry does not exceed
$3,000. However, such judgment shall remain a lien upon the real property, and
the property may be sold on execution:
(a) At any time after the sale of the
property by the judgment debtor; and
(b) At any time after the property is no
longer the actual abode of and occupied by the judgment debtor or the spouse,
dependent parent or dependent child of the judgment debtor.
(6) The limitation on execution sales
imposed by subsection (5) of this section is not impaired by temporary removal
or temporary absence with the intention to reoccupy the property as a
homestead.
(7) The limitation on execution sales
imposed by subsection (5) of this section does not apply if two or more
judgments are owing to a single judgment creditor and the total amount owing to
the judgment creditor, determined by adding the amount of each individual
judgment as of the date the judgment was entered, is greater than $3,000.
(8) Upon the issuance of an order
authorizing sale as required by ORS 18.904, and in conformance with subsection
(5) of this section, the sheriff may proceed to sell the property. If the
homestead exemption applies, the sheriff shall pay the homestead owner out of
the proceeds the sum of $30,000 or $39,600, whichever is applicable, and apply
the balance of the proceeds on the execution. However, no sale shall be made
where the homestead exemption applies unless the sum bid for the homestead is
in excess of the sum of the costs of sale and $30,000 or $39,600, whichever is
applicable. If no such bid is received, the expense of the sale shall be borne
by the petitioner.
(9) The homestead exemption provided by
this section applies to a purchaser’s interest under a land sale contract, as
defined by ORS 18.960. [Formerly 23.240; 2005 c.456 §2; 2005 c.542 §57]
Note: Section 3, chapter 135, Oregon Laws 1999,
provides:
Sec.
3. The amendments to ORS
23.240 [renumbered 18.395] and 23.164 [renumbered 18.428] by sections 1 and 2
of this 1999 Act apply only to judgments entered in the register of a court on
or after the effective date of this 1999 Act [October 23, 1999]. [1999 c.135 §3]
18.398
Denial of homestead exemption when judgment is for child support. (1) It is the policy of this state:
(a) To afford protection to the debtor and
the debtor’s family homestead through the homestead exemption;
(b) To maintain dependent children from
the financial resources of both parents of those children;
(c) That the homestead exemption should
not be permitted to serve as a shield for a debtor’s evasion of child support
obligations;
(d) That the burden for that support
should not be shifted in all cases to the present family of the debtor through
the sale of the family residence; and
(e) That to accommodate these policies,
the court should have the discretion to decline to allow all or part of a
claimed homestead exemption in cases involving child support as provided in
this section.
(2) Notwithstanding ORS 18.395 to 18.422,
a court in its discretion may decline to allow a homestead exemption in whole
or part in any proceeding under ORS 18.912 if the proceeding is based on a
judgment for child support that arises out of an order or judgment under ORS
24.115, 107.095, 107.105, 107.135, 108.120, 109.100, 109.103, 109.155, 109.165,
416.400 to 416.465, 419B.400 or 419C.590 or ORS chapter 110 or 125.
(3) In exercising the discretion granted
under subsection (1) of this section, the court shall consider:
(a) The financial resources of both
parties;
(b) The number of dependents of each of
the parties;
(c) The ages, health and conditions of
parties and their dependents;
(d) The child support payment history of
the judgment debtor on the judgment which is the subject of the petition; and
(e) Other collection attempts by the
judgment creditor on the judgment which is the subject of the petition.
(4) This section shall not apply to any
proceeding under ORS 18.912 brought by or on the behalf of the state or any
agency of the state. [Formerly 23.242; 2005 c.542 §58]
18.400 [Amended by 1965 c.619 §7; 1979 c.694 §1;
1983 c.696 §5; 1985 c.343 §4; 1985 c.496 §18; 1985 c.610 §2; 1987 c.586 §7;
1993 c.33 §275; 1995 c.608 §20; 1997 c.123 §1; 1997 c.704 §12; 1999 c.788 §23;
2001 c.900 §235; 2003 c.73 §14; repealed by 2003 c.576 §580]
18.402
Limitations on homestead exemption. The homestead mentioned in ORS 18.395 shall consist, when not located
in any town or city laid off into blocks and lots, of any quantity of land not
exceeding 160 acres, and when located in any such town or city, of any quantity
of land not exceeding one block. However, a homestead under this section shall
not exceed in value the sum of $30,000 or $39,600, whichever amount is
applicable under ORS 18.395 (1). [Formerly 23.250; 2005 c.456 §3]
18.405 [1979 c.694 §3; 2001 c.334 §1; repealed by
2003 c.576 §580]
18.406
Exemption not applicable to certain liens, mortgages and interests. ORS 18.395 to 18.422 do not apply to
construction liens for work, labor or material done or furnished exclusively
for the improvement of the homestead property, to purchase money liens, to
mortgages lawfully executed, or to the enforcement of a seller’s rights under a
land sale contract, as defined by ORS 18.960. [Formerly 23.260; 2005 c.542 §58a]
18.410 [Amended by 1985 c.540 §26; 1987 c.586 §8;
1989 c.768 §6; 1999 c.788 §24; repealed by 2003 c.576 §580]
18.412
Notice of intent to discharge judgment lien against homestead. (1) At any time after the date of execution
of an agreement to transfer the ownership of property in which a homestead
exemption exists pursuant to ORS 18.395, the homestead owner or the owner’s
transferee may give notice of intent to discharge the property from the
judgment lien to a judgment creditor. Each notice shall bear the caption of the
action in which the judgment was recovered and shall:
(a) Identify the property and the judgment
and state that the judgment debtor is about to transfer, or has transferred,
the property and that the transfer is intended to discharge the property from
any lien effect of the judgment;
(b) State the fair market value of the property
on the date of the notice or of any applicable petition in bankruptcy,
whichever is applicable, and list the encumbrances against the property,
including the nature and date of each encumbrance, the name of the encumbrancer
and the amount presently secured by each encumbrance;
(c) State that the property is claimed by
the person giving the notice to be wholly exempt from the lien of the judgment
or, if the value of the property exceeds the sum of the encumbrances specified
as required under paragraph (b) of this subsection that are senior to the
judgment lien and $30,000 or $39,600, whichever amount of the homestead
exemption is applicable under ORS 18.395 (1), that the amount of the excess or
the amount due on the judgment, whichever is less, will be deposited with the
court administrator for the court in which the judgment was entered for the use
of the judgment holder; and
(d) Advise the holder of the judgment that
the property may be discharged from any lien arising from the judgment, without
further notice to the judgment creditor, unless prior to a specified date,
which in no case may be earlier than 14 days after the date of mailing of the
notice, the judgment creditor files objections and a request for a hearing on
the matter as provided in ORS 18.415.
(2) Each notice described by subsection
(1) of this section shall be sent by certified mail to the judgment creditor,
as shown by the court records, at the judgment creditor’s present or last-known
address according to the best knowledge of the person sending the notice. A
copy of each notice, together with proof of mailing, may be filed with the
court administrator for the court in which the judgment was entered and shall
be filed by the court administrator with the records and files of the action in
which the judgment was recovered. [Formerly 23.280; 2005 c.456 §4; 2007 c.129 §9]
18.415
Objections to discharge; hearing. (1) Any holder of an interest in a judgment described in a notice sent
pursuant to ORS 18.412 may file objections to the notice and a request for a
hearing upon the application for an order made pursuant to ORS 18.422 (4). The
objections and the request for a hearing must be filed in the court that
entered the judgment. The objections and the request for hearing must be filed
prior to the date specified in the notice and must indicate the grounds for the
objections and include the address to which notice of any hearing upon request
for an order may be sent.
(2)(a) If the holder of a judgment admits
the validity of the homestead exemption and objects only that the value placed
upon the property in the notice is or was less than the fair market value of
the property on the date of the notice or petition in bankruptcy, whichever is
applicable, the court shall try the issue of fair market value without formal
pleadings. Each party may offer evidence of fair market value, but the holder
of the judgment has the burden of proving the fair market value.
(b) If the objection is made to other than
the valuation of the property, the court shall try the issues of fact and law
in the manner of a quiet title suit and may direct filing of formal pleadings
as it considers necessary for definition of issues.
(3) If the court finds that the fair
market value of the property specified in the notice reasonably approximates
the fair market value of the property on the date of the notice or petition in
bankruptcy, whichever is applicable, or, if other issues are raised by the
objections and are decided against the holder of the judgment, the court shall
make an order that the property is not subject to the lien of the objecting
judgment holder. In all other cases, the application for an order shall be
dismissed and the lien upon the property shall not be affected by the notice. [Formerly
23.290; 2005 c.568 §23]
18.420 [Amended by 1961 c.538 §1; 1987 c.586 §9;
1991 c.696 §1; 1999 c.788 §25; 2003 c.576 §571; renumbered 18.238 in 2003]
18.422
Release of judgment lien.
(1) If a deposit, as required by ORS 18.412 (1)(c), is made by a transferee of
any property, the transferee may credit the amount of the deposit against the
consideration owed by the transferee for the transfer.
(2) The holder of any judgment described
in ORS 18.412 (1) is entitled to receive the full amount of any deposit made
with respect to the judgment upon delivery to the court administrator of a
release of lien document in the form provided by ORS 18.200 for the property
described in the notice. If the real property is located in a county where a
certified copy of the judgment or lien record abstract has been recorded, the
holder of the judgment, upon receipt of the deposit, shall have a certified
copy of the release of lien document recorded in the County Clerk Lien Record.
(3) If a release of lien document for the
property is not delivered by the holder of the judgment to the court
administrator as required by subsection (2) of this section, the court
administrator shall hold the deposit described in ORS 18.412 (1) and the
deposit shall be paid by the court administrator to the homestead claimant upon
expiration of the judgment remedies for the judgment as provided in ORS 18.180
to 18.192.
(4) At any time after the date specified
in a notice, as provided by ORS 18.412 (1)(d), the homestead claimant for the
property described in the judgment may apply to the court in which the judgment
was entered for an order that the property described in the notice is no longer
subject to the judgment lien. If no objections are filed and no hearing is
requested in accordance with ORS 18.415, the judge shall issue an ex parte
order that the property is no longer subject to the judgment lien if the judge
is satisfied that the property has been, or is about to be, transferred and
that the notice was prepared and mailed and a deposit was made as required in
ORS 18.412. The judge must, in addition, find that the holder of the judgment
actually received notice or, if the whereabouts of the holder are unknown, that
a reasonably diligent effort has been made to find the holder. If objections
and a request for a hearing have been filed by the holder of the judgment, the
court shall set a hearing and notify the holder of the judgment of the time and
place of the hearing. The homestead claimant may have a certified copy of the
ex parte order recorded in the County Clerk Lien Record. [Formerly 23.300]
18.425 [1987 c.774 §29; 1997 c.801 §123; 1999 c.788
§26; repealed by 2001 c.779 §10]
(Manufactured
Dwellings and Floating Homes)
18.428
Exemption for manufactured dwellings and floating homes. (1) Except as otherwise provided by law, a
manufactured dwelling or floating home and the property upon which the
manufactured dwelling or floating home is situated are exempt from execution
and from liability in any form for the debts of the owner to the value of
$23,000 if the manufactured dwelling or floating home is the actual abode of
and occupied by the owner, or by the spouse, parent or child of the owner, the
manufactured dwelling or floating home is occupied as a sole residence and no
other homestead exemption exists. When two or more members of a household are
debtors whose interests in the homestead are subject to sale on execution, the
lien of a judgment or liability in any form, their combined exemptions under
this section may not exceed $30,000. The exemption shall be effective without
the necessity of a claim thereof by the judgment debtor.
(2) The exemption provided for in
subsection (1) of this section is not impaired by temporary removal or absence
with the intention to reoccupy the manufactured dwelling or floating home as a
home, nor by the sale thereof, but shall extend to the proceeds derived from
such sale up to $23,000 or $30,000, whichever amount is applicable under
subsection (1) of this section, while the proceeds are held for a period not
exceeding one year and with the intention to procure another homestead with
those proceeds.
(3) Upon the issuance of an order
authorizing sale as required by ORS 18.904, the sheriff may proceed to sell the
premises and, if the homestead exemption applies, out of the proceeds pay the
owner the sum of $23,000 or $30,000, whichever amount is applicable under
subsection (1) of this section, and apply the balance of the proceeds on the
execution. However, no sale shall be made where the homestead exemption applies
unless the sum bid for the property is in excess of the sum of the costs of
sale and $23,000 or $30,000, whichever amount is applicable. If no such bid is
received, the expense of the sale shall be borne by the petitioner.
(4) The provisions of subsections (1),
(2), (3) and (7) of this section do not apply to:
(a) Construction liens for work, labor or
material done or furnished exclusively for the improvement of the manufactured
dwelling or floating home;
(b) Purchase money liens;
(c) Mortgages;
(d) Executions issued on a judgment
recovered for the purchase price; or
(e) The enforcement of a seller’s rights
under a land sale contract, as defined in ORS 18.960.
(5) If a debtor owns a manufactured
dwelling or floating home but not the property upon which the manufactured
dwelling or floating home is situated, subsections (1), (2), (3) and (4) of
this section apply, but the value of the debtor’s interest exempt from
execution and liability may not exceed $20,000 for an individual debtor, or
$27,000 when two or more members of a household are debtors whose interests in
the homestead are subject to execution or liability in any form.
(6) When the owner of a homestead under
this section has been granted a discharge in bankruptcy or has conveyed the
property, the value thereof, for the purpose of determining a leviable interest
in excess of the homestead exemption, shall be the value on the date of the
petition in bankruptcy, whether the value is determined in the bankruptcy
proceedings or not, or on the date the conveyance becomes effective, whichever
shall first occur.
(7) Except as provided in subsection (9)
of this section, a manufactured dwelling or floating home, and the property
upon which the manufactured dwelling or floating home is situated, that is the
actual abode of and occupied by the judgment debtor, or that is the actual
abode of and occupied by a spouse, dependent parent or dependent child of the
judgment debtor, may not be sold on execution to satisfy a judgment that at the
time of entry does not exceed $3,000. The judgment shall remain a lien upon the
real property owned by the judgment debtor and upon which the manufactured
dwelling or floating home is situated, and the manufactured dwelling or
floating home and real property upon which the manufactured dwelling or
floating home is situated may be sold on execution:
(a) At any time after the sale of the
manufactured dwelling or floating home by the judgment debtor, or the sale of
the real property on which the manufactured dwelling or floating home is
situated by the judgment debtor; or
(b) At any time after the manufactured
dwelling or floating home is no longer the actual abode of and occupied by the
judgment debtor or the spouse, dependent parent or dependent child of the
judgment debtor.
(8) The limitation on execution sales
imposed by subsection (7) of this section is not impaired by temporary removal
or absence with the intention to reoccupy the manufactured dwelling, floating
home and property as a home.
(9) The limitation on execution sales
imposed by subsection (7) of this section does not apply if two or more
judgments are owing to a single judgment creditor and the total amount owing to
the judgment creditor, determined by adding the amount of each individual
judgment as of the date the judgment was entered, is greater than $3,000.
(10) As used in this section:
(a) “Floating home” has the meaning given
that term in ORS 830.700.
(b) “Manufactured dwelling” has the
meaning given that term in ORS 446.003. [Formerly 23.164; 2005 c.542 §59a; 2005
c.568 §24]
Note: See note under 18.395.
18.430 [Amended by 1987 c.586 §10; renumbered
18.242 in 2003]
18.440 [1971 c.665 §1; 1975 c.269 §1; renumbered
31.800 in 2003]
18.445 [1975 c.269 §2; renumbered 31.805 in 2003]
18.450 [1975 c.269 §3; 1995 c.696 §1; renumbered
31.810 in 2003]
18.455 [1975 c.269 §4; 1995 c.696 §2; renumbered
31.815 in 2003]
18.460 [1975 c.269 §5; renumbered 31.820 in 2003]
18.465 [2003 c.576 §34; repealed by 2005 c.542 §73]
18.468 [2003 c.576 §35; 2005 c.568 §24a; repealed
by 2005 c.542 §§73,73a]
18.470 [1971 c.668 §1; 1975 c.599 §1; 1995 c.696 §3;
renumbered 31.600 in 2003]
18.472 [2003 c.576 §36; 2005 c.542 §60; renumbered
18.867 in 2005]
18.475 [1975 c.599 §4; renumbered 31.620 in 2003]
18.476 [2003 c.576 §37; repealed by 2005 c.542 §73]
18.478 [Formerly 23.410; repealed by 2005 c.542 §73
and 2005 c.568 §42]
18.480 [1975 c.599 §2; 1995 c.79 §6; 1995 c.696 §4;
renumbered 31.605 in 2003]
18.482 [Formerly 23.310; repealed by 2005 c.542 §73]
18.485 [1975 c.599 §3; 1987 c.774 §7; 1995 c.696 §5;
renumbered 31.610 in 2003]
18.486 [Formerly 23.440; repealed by 2005 c.542 §73]
18.490 [1975 c.599 §5; renumbered 31.615 in 2003]
18.492 [2003 c.576 §38; repealed by 2005 c.542 §73]
18.494 [2003 c.576 §39; repealed by 2005 c.542 §73]
18.500 [Formerly 41.950; renumbered 31.550 in 2003]
18.505 [2003 c.576 §40; 2005 c.542 §61; 2005 c.568 §25;
renumbered 18.892 in 2005]
18.508 [2003 c.576 §41; renumbered 18.894 in 2005]
18.510 [1971 c.331 §6; 1975 c.784 §14; 1981 c.892 §85c;
1981 c.898 §17; renumbered 31.555 in 2003]
18.512 [2003 c.576 §42; 2005 c.456 §5; 2005 c.542 §61b;
2005 c.568 §25a; renumbered 18.896 in 2005]
18.515 [2003 c.576 §43; renumbered 18.898 in 2005]
18.518 [2003 c.576 §44; renumbered 18.899 in 2005]
18.520 [Formerly 41.960; renumbered 31.560 in 2003]
18.530 [Formerly 41.970; renumbered 31.565 in 2003]
18.532 [Formerly 23.450; repealed by 2005 c.542 §73]
18.535 [1995 c.688 §3; 2003 c.552 §1; renumbered
31.725 in 2003]
18.536 [Formerly 23.445; repealed by 2005 c.542 §73]
18.537 [1995 c.688 §2; renumbered 31.730 in 2003]
18.538 [Formerly 23.460; repealed by 2005 c.542 §73]
18.540 [1987 c.774 §3; 1991 c.862 §1; 1995 c.688 §1;
1997 c.73 §1; renumbered 31.735 in 2003]
18.542 [Formerly 23.470; repealed by 2005 c.542 §73]
18.545 [Formerly 23.480; repealed by 2005 c.542 §73]
18.548 [Formerly 23.490; repealed by 2005 c.542 §73]
18.550 [1987 c.774 §4; 1989 c.721 §45; 1989 c.782 §34;
1995 c.280 §28; 1999 c.537 §1; renumbered 31.740 in 2003]
18.552 [Formerly 23.515; repealed by 2005 c.542 §73]
18.555 [Formerly 23.500; repealed by 2005 c.542 §73]
18.560 [1987 c.774 §6; renumbered 31.710 in 2003]
18.562 [Formerly 23.510; repealed by 2005 c.542 §73]
18.565 [Formerly 23.520; repealed by 2005 c.542 §73]
18.568 [Formerly 23.530; repealed by 2005 c.542 §73]
18.570 [1987 c.774 §7a; 1995 c.696 §6; renumbered
31.705 in 2003]
18.572 [Formerly 23.540; repealed by 2005 c.542 §73]
18.578 [Formerly 23.550; repealed by 2005 c.542 §73]
18.580 [1987 c.774 §9; 2003 c.576 §232; renumbered
31.580 in 2003]
18.582 [Formerly 23.560; repealed by 2005 c.542 §73]
18.585 [Formerly 23.570; repealed by 2005 c.542 §73]
18.588 [Formerly 23.580; repealed by 2005 c.542 §73]
18.590 [1989 c.1074 §1; renumbered 31.760 in 2003]
18.592 [1999 c.1065 §1; renumbered 31.715 in 2003]
18.594 [Formerly 23.590; repealed by 2005 c.542 §73]
18.598 [Formerly 23.600; repealed by 2005 c.542 §73]
WRITS OF
GARNISHMENT
(Definitions)
18.600
Definitions. As used in ORS
18.600 to 18.850:
(1) “Check” has the meaning given that
term in ORS 73.0104.
(2) “Creditor” means a person to whom a
debt is owed by a debtor.
(3) “Debt” means any monetary obligation
for which a garnishment may be issued under ORS 18.605.
(4) “Debtor” means a person whose property
is being garnished for the purpose of paying a debt owed to a creditor.
(5) “Financial institution” means a
financial institution or trust company as those terms are defined in ORS
706.008.
(6) “Garnishable property” means all
property described in ORS 18.615, but does not include:
(a) Any property that is not subject to
garnishment under ORS 18.618; and
(b) Any property that is applied as a
setoff under ORS 18.620 or 18.795.
(7) “Garnishee” means a person to whom a
writ of garnishment has been delivered.
(8) “Garnishor” means:
(a) The creditor, if the writ is issued by
the court administrator on behalf of the creditor under ORS 18.635 (2); or
(b) The issuer, if the writ is issued
under ORS 18.635 by any person other than the court administrator.
(9) “Past due support” means the amount of
child or spousal support, or both, determined under a court or administrative
order in a proceeding under ORS chapter 107, 108, 109, 110, 416, 419B or 419C that
has not been paid or is certified to be owed by another state under ORS 25.083.
(10) “Wages” includes all amounts paid for
the services of an employee by an employer, including amounts paid as a
commission or bonus.
(11) “Writ” means a writ of garnishment. [2001
c.249 §1; 2003 c.85 §2; 2003 c.576 §47; 2005 c.542 §62]
(Garnishment
Generally)
18.602
Garnishment described. For
the purposes of ORS 18.600 to 18.850, garnishment is the procedure by which a
creditor invokes the authority of a circuit court, justice court or municipal
court to acquire garnishable property of a debtor that is in the possession,
control or custody of a person other than the debtor. [2001 c.249 §2]
18.605
Debts subject to garnishment; when writ may be issued on debt. (1) Garnishment may be used to acquire
garnishable property for application against the following debts:
(a) A judgment requiring the payment of
money that has been entered in the register of a circuit court or docketed in
the docket of a justice, county or municipal court.
(b) If the writ of garnishment is issued
pursuant to provisional process under ORCP 83 and 84, a claim of one party
against another party in a civil action.
(c) Support arrearage shown on the support
records of the Department of Justice pursuant to ORS 25.020 and 25.167, even
though such records may not constitute a full record of the support arrearage
owed.
(d) Monetary obligations imposed under
agency orders or warrants recorded pursuant to law in the County Clerk Lien
Record.
(2) For the purposes of ORS 18.600 to
18.850:
(a) A writ may be issued for a monetary
obligation based on a judgment other than a judgment for support after the
judgment is entered in the register of a circuit court or after the judgment is
docketed in the docket of a justice, county or municipal court.
(b) A writ may be issued for a monetary
obligation based on a judgment for support after the underlying judgment, court
order or administrative order that creates the support obligation is entered in
the register of the court or after a request for administrative enforcement
services is received under ORS 25.083.
(c) A writ may be issued pursuant to
provisional process under ORCP 83 and 84 after the court order for provisional
process is entered in the docket or register of the court.
(d) A writ may be issued for a monetary
obligation based on an agency order or warrant after the order or warrant is
recorded in the County Clerk Lien Record. [2001 c.249 §3; 2003 c.576 §176]
18.607
Form of writ; single writ for two or more debtors. (1) Except as otherwise provided by law, a
writ of garnishment must be in substantially the form provided by ORS 18.830.
Notation on the writ of additional information for purposes of identifying the
debtor or the garnishable property believed to be held by the garnishee does
not affect the validity or operation of the writ. A debt calculation form, in
substantially the form provided by ORS 18.832, must be prepared for each writ
of garnishment issued.
(2) A writ of garnishment must contain all
of the following information:
(a) The name of the court whose authority
is invoked.