Oregon Chapter 18

Chapter 18 — Judgments

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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       Homestead exemption

 

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 Sale by Sheriff)

 

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 SALE

 

(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 Sale)

 

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 Sale)

 

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 Oregon Rule of Civil Procedure;

      (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 Oregon as provided in ORS chapter 110.

      (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 ________ County as provided under ORS 18.152.

      __  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 Oregon          )

                                    )           ss.

County of _____         )

 

      The foregoing instrument was acknowledged before me this ___ day of___, 2___, by ____________.

__________________

Notary Public for Oregon

My commission expires: _________

State of Oregon          )

                                    )           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 Oregon

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 Oregon and the Oregon Revised Statutes. [Formerly 23.305]

 

      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 United States or any state or political subdivision of any state, or any municipality, person, partnership, association or corporation.

      (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.