2007 Oregon Code - Chapter 18 :: Chapter 18 - Judgments
Chapter 18 — Judgments
2007 EDITION
JUDGMENTS
PROCEDURE IN CIVIL PROCEEDINGS
DEFINITIONS
18.005Â Â Â Â Â Â Definitions
18.015Â Â Â Â Â Â Statutory
references to decrees and judgments
APPLICATION
18.025Â Â Â Â Â Â Courts
subject to chapter
APPROPRIATE DOCUMENT
18.028Â Â Â Â Â Â Authority
of Chief Justice
18.029Â Â Â Â Â Â Effect
of chapter on use of judgment
FORM OF JUDGMENT DOCUMENT
18.035Â Â Â Â Â Â Preparation
of judgment document
18.038Â Â Â Â Â Â Form
of judgment document generally
18.042Â Â Â Â Â Â Judgment
in civil action that includes money award
18.048Â Â Â Â Â Â Judgment
in criminal action that contains money award
18.049Â Â Â Â Â Â Adjustments
to money awards
18.052Â Â Â Â Â Â Duty
of judge with respect to form of judgment document
18.058Â Â Â Â Â Â Duty
of court administrator with respect to form of judgment document
18.062Â Â Â Â Â Â Use
of electronic judgment forms
ENTRY OF JUDGMENTS IN REGISTER
18.075Â Â Â Â Â Â Entry
of judgments in circuit courts generally
18.078Â Â Â Â Â Â Notice
of entry of judgment in circuit court civil action
18.082Â Â Â Â Â Â Effect
of entry of judgment
CORRECTIONS TO JUDGMENTS
18.107Â Â Â Â Â Â Corrections
to civil judgments
18.112Â Â Â Â Â Â Correction
of designation of judgment as general judgment
JUDGMENT LIENS
18.150Â Â Â Â Â Â Judgment
liens in circuit courts
18.152Â Â Â Â Â Â Establishing
judgment liens in other counties
18.154Â Â Â Â Â Â Appeal;
motion to eliminate lien
18.158Â Â Â Â Â Â Judgment
lien based on judgment for child support or spousal support entered in another
state
18.162Â Â Â Â Â Â Judgment
lien based on justice and municipal court judgments; satisfaction filing fee
18.165Â Â Â Â Â Â Priority
of judgment lien over unrecorded conveyance
18.170Â Â Â Â Â Â Form
for lien record abstract; rules
EXPIRATION AND EXTENSION OF JUDGMENT REMEDIES
18.180Â Â Â Â Â Â Expiration
of judgment remedies in circuit court
18.182Â Â Â Â Â Â Extension
of judgment remedies
18.185Â Â Â Â Â Â Extension
of judgment lien of spousal support award
18.190Â Â Â Â Â Â Spousal
support awards in judgments entered before January 1, 2004
18.192Â Â Â Â Â Â Child
support awards in judgments entered before January 1, 1994
18.194Â Â Â Â Â Â Expiration
and extension of judgment remedies for justice and municipal court judgments
RELEASE OF LIEN
18.200Â Â Â Â Â Â Release
of lien
18.202Â Â Â Â Â Â Reinstatement
of lien
ASSIGNMENT OF JUDGMENT
18.205Â Â Â Â Â Â Assignment
of judgment
SATISFACTION OF MONEY AWARDS
18.225Â Â Â Â Â Â Satisfaction
of money awards generally
18.228Â Â Â Â Â Â Satisfaction
of support awards payable to Department of Justice
18.232Â Â Â Â Â Â Alternate
method for satisfaction of support awards payable to Department of Justice
18.235Â Â Â Â Â Â Motion
to satisfy money award
18.238Â Â Â Â Â Â Proceedings
after discharge in bankruptcy
CONTRIBUTION
18.242Â Â Â Â Â Â Contribution
among judgment debtors; subrogation of surety
APPEAL
18.245Â Â Â Â Â Â Jurisdictional
requirements
ENFORCEMENT OF JUDGMENTS
(Generally)
18.252Â Â Â Â Â Â Execution
18.255Â Â Â Â Â Â Enforcement
of judgment by circuit court for county where debtor resides
(Proceedings in Support of Execution)
18.265Â Â Â Â Â Â Debtor
examination
18.268Â Â Â Â Â Â Conduct
of debtor examination; seizure of property
18.270Â Â Â Â Â Â Written
interrogatories
EXEMPT PROPERTY
(Generally)
18.300Â Â Â Â Â Â Resident
not entitled to federal bankruptcy exemptions
18.305Â Â Â Â Â Â Property
not exempt from execution for purchase price
18.312Â Â Â Â Â Â Execution
not to issue against property of deceased party; exception
18.318Â Â Â Â Â Â Execution
against property in possession or control of public officer or agency
18.322Â Â Â Â Â Â Adjudication
of claim of exemption
(Personal Property)
18.345Â Â Â Â Â Â Exempt
personal property generally
18.348Â Â Â Â Â Â Certain
funds exempt when deposited in account; limitations
18.352Â Â Â Â Â Â Proceeds
of casualty and indemnity insurance attachable on execution
18.358Â Â Â Â Â Â Certain
retirement plans exempt from execution; exceptions
18.362Â Â Â Â Â Â Exemption
for firearms
18.364Â Â Â Â Â Â Prohibition
on demanding firearms
(Wages)
18.375Â Â Â Â Â Â Definitions
18.385Â Â Â Â Â Â Wage
exemption
(Homesteads)
18.395Â Â Â Â Â Â
18.398Â Â Â Â Â Â Denial
of homestead exemption when judgment is for child support
18.402Â Â Â Â Â Â Limitations
on homestead exemption
18.406Â Â Â Â Â Â Exemption
not applicable to certain liens, mortgages and interests
18.412Â Â Â Â Â Â Notice
of intent to discharge judgment lien against homestead
18.415Â Â Â Â Â Â Objections
to discharge; hearing
18.422Â Â Â Â Â Â Release
of judgment lien
(Manufactured Dwellings and Floating Homes)
18.428Â Â Â Â Â Â Exemption
for manufactured dwellings and floating homes
WRITS OF GARNISHMENT
(Definitions)
18.600Â Â Â Â Â Â Definitions
(Garnishment Generally)
18.602Â Â Â Â Â Â Garnishment
described
18.605Â Â Â Â Â Â Debts
subject to garnishment; when writ may be issued on debt
18.607Â Â Â Â Â Â Form
of writ; single writ for two or more debtors
18.609Â Â Â Â Â Â Validity
of writ after issuance
18.610Â Â Â Â Â Â Court
with authority over writ
(Garnishable Property)
18.615Â Â Â Â Â Â Garnishable
property generally
18.618Â Â Â Â Â Â Property
not subject to garnishment
18.620Â Â Â Â Â Â Setoff
for certain amounts payable to underlying lienholders
(Duration of WritÂ’s Effect)
18.625Â Â Â Â Â Â Duration
of writÂ’s effect
18.627Â Â Â Â Â Â Multiple
writs
(Persons Authorized to Issue Writs)
18.635Â Â Â Â Â Â Who
may issue writs
(Writs Issued by Court Administrators)
18.638Â Â Â Â Â Â Writs
issued by court administrators generally
18.640Â Â Â Â Â Â Grounds
for denying issuance of writ
(Writs Issued by Division of Child Support or
District Attorney)
18.645Â Â Â Â Â Â Writs
issued by Division of Child Support or district attorney; rules
(Delivery of Writ)
18.650Â Â Â Â Â Â Items
required to be delivered to garnishee
18.652Â Â Â Â Â Â Manner
of delivery; delivery fee
18.655Â Â Â Â Â Â Proper
person to receive writ
18.658Â Â Â Â Â Â Documents
to be delivered to debtor
(Duties of Garnishee Generally)
18.665Â Â Â Â Â Â Duties
generally
18.668Â Â Â Â Â Â Immunity
by payment to court administrator or delivery to sheriff
18.670Â Â Â Â Â Â Exceptions
to garnisheeÂ’s duties
18.672Â Â Â Â Â Â Duties
of personal representative who is garnished
(Garnishee Response)
18.680Â Â Â Â Â Â Response
required; time
18.682Â Â Â Â Â Â When
response not required
18.685Â Â Â Â Â Â Contents
of response; manner of making payment
18.688Â Â Â Â Â Â Response
of garnishee who is employer of debtor
18.690Â Â Â Â Â Â Delivery
of garnishee response
18.692Â Â Â Â Â Â Supplemental
garnishee response
(Challenge to Garnishment)
18.700Â Â Â Â Â Â Manner
of making challenge to garnishment
18.702Â Â Â Â Â Â Notice
to garnishor and garnishee of challenge to garnishment
18.705Â Â Â Â Â Â Duties
of garnishor and creditor created by challenge to garnishment
18.708Â Â Â Â Â Â Duties
of garnishee created by challenge to garnishment
18.710Â Â Â Â Â Â Hearing
on challenge to garnishment
18.712Â Â Â Â Â Â Allowance
or denial of challenge
18.715Â Â Â Â Â Â Sanctions
18.718Â Â Â Â Â Â Special
procedures for writs issued for past due support
(Claim by Person Other Than Debtor)
18.725Â Â Â Â Â Â Claim
by person other than debtor for all or part of garnished property
(Payment of Money Under Writ Generally)
18.730Â Â Â Â Â Â Payment
of money under writ; garnishorÂ’s duty to hold payments
18.732Â Â Â Â Â Â Money
owed to debtor that is due within 45 days
(Payment of Nonexempt Wages)
18.735Â Â Â Â Â Â Payment
of wages subject to garnishment
18.736Â Â Â Â Â Â Processing
fee
(Payments Made to Court Administrator)
18.738Â Â Â Â Â Â Acceptance
or rejection of payments by court administrator
18.740Â Â Â Â Â Â Payments
erroneously sent to court
(Crediting of Payments)
18.742Â Â Â Â Â Â Crediting
of payments against debt
18.745Â Â Â Â Â Â Excess
payments
(Property Subject to
18.750Â Â Â Â Â Â Application
of ORS 18.750 to 18.760
18.752Â Â Â Â Â Â Garnishee
duties
18.755Â Â Â Â Â Â Request
for sale; sheriffÂ’s fees
18.758Â Â Â Â Â Â SheriffÂ’s
sale
18.760Â Â Â Â Â Â Challenge
to garnishment
(Release of Garnishment)
18.770Â Â Â Â Â Â Release
of garnishment
(Sanctions Against Noncomplying Garnishee)
18.775Â Â Â Â Â Â Liability
of garnishee
18.778Â Â Â Â Â Â Order
to appear
18.780Â Â Â Â Â Â Pleadings;
default judgment
18.782Â Â Â Â Â Â Hearing
(Financial Institution as Garnishee)
18.790Â Â Â Â Â Â Search
fee; garnishment processing fee
18.792Â Â Â Â Â Â Safe
deposit boxes
18.795Â Â Â Â Â Â Setoff
for amounts owing to financial institution
18.798Â Â Â Â Â Â Effect
of garnishment served on financial institution
(Writs Issued to Enforce Agency Orders or
Warrants)
18.800Â Â Â Â Â Â Special
procedures for writs issued to enforce agency orders or warrants
(Use of Writ for Provisional Process)
18.810Â Â Â Â Â Â Use
of writ for provisional process
(Forms)
18.830Â Â Â Â Â Â Writ
of garnishment form
18.832Â Â Â Â Â Â Debt
calculation form
18.835Â Â Â Â Â Â Garnishee
response form
18.838Â Â Â Â Â Â Instructions
to garnishee form
18.840Â Â Â Â Â Â Wage
exemption calculation form
18.842Â Â Â Â Â Â Release
of garnishment form
18.845Â Â Â Â Â Â Notice
of exemptions form; instructions for challenge to garnishment
18.850Â Â Â Â Â Â Challenge
to garnishment form
NOTICES OF GARNISHMENT
18.854Â Â Â Â Â Â Notices
of garnishment generally
18.855Â Â Â Â Â Â Notices
of garnishment issued by state agencies
18.857Â Â Â Â Â Â Notice
of garnishment issued by county tax collector
WRITS OF EXECUTION
(Function and Form of Writ)
18.860Â Â Â Â Â Â Function
of writ
18.862Â Â Â Â Â Â Form
of writ
(Issuance of Writ)
18.865Â Â Â Â Â Â Court
administrator to issue writ
18.867Â Â Â Â Â Â Issuance
of writs for certain judgments awarding child support
18.868Â Â Â Â Â Â Sheriff
to whom writ is issued
18.870Â Â Â Â Â Â Recording
of writ
(Return on Writ)
18.872Â Â Â Â Â Â Return
on writ of execution
(Instructions to Sheriff)
18.875Â Â Â Â Â Â Instructions
to sheriff
(Levy)
18.878Â Â Â Â Â Â Manner
of levying on property
18.880Â Â Â Â Â Â Alternative
procedure for levying on tangible personal property
18.882Â Â Â Â Â Â Criminal
penalty for moving, using or damaging secured property
18.884Â Â Â Â Â Â Levying
on intangible personal property
18.886Â Â Â Â Â Â CreditorÂ’s
bond
18.887Â Â Â Â Â Â Forcible
entry for purpose of levying on personal property
18.888Â Â Â Â Â Â Notice
of levy
18.890Â Â Â Â Â Â DebtorÂ’s
bond
(Challenge to Writ of Execution)
18.892Â Â Â Â Â Â Challenge
to writ of execution
18.894Â Â Â Â Â Â Notice
of challenge to execution
18.896Â Â Â Â Â Â Challenge
to execution form
18.898Â Â Â Â Â Â Hearing
on challenge to execution
18.899Â Â Â Â Â Â Sanctions
EXECUTION
(Residential Property)
18.901Â Â Â Â Â Â Definition
of residential property
18.904Â Â Â Â Â Â Order
required for sale of residential property; exceptions
18.906Â Â Â Â Â Â Motion
for order authorizing sale of residential property
18.908Â Â Â Â Â Â Notice
of motion for order authorizing sale of residential property
18.912Â Â Â Â Â Â Hearing
on motion for order authorizing sale of residential property
(Notice of
18.918Â Â Â Â Â Â Person
entitled to written notice of sale
18.920Â Â Â Â Â Â Notice
of sale of personal property
18.922Â Â Â Â Â Â Expedited
sale of perishable personal property; expedited sale to prevent loss of value
18.924Â Â Â Â Â Â Notice
of sale of real property
18.926Â Â Â Â Â Â Legal
notices website; posting fee
(Conduct of Execution
18.930Â Â Â Â Â Â Conduct
of sale generally; county fee
18.932Â Â Â Â Â Â Postponement
of sale; rules
18.934Â Â Â Â Â Â Amount
of property to be sold; sheriff and deputies may not purchase
18.936Â Â Â Â Â Â Bid
by judgment creditor
18.938Â Â Â Â Â Â Manner
of payment
18.940Â Â Â Â Â Â Bill
of sale for personal property
18.942Â Â Â Â Â Â SheriffÂ’s
certificate of sale for real property
18.944Â Â Â Â Â Â Notice
of completed sale
18.946Â Â Â Â Â Â Possession
after sale; right to rents or value of use
18.948Â Â Â Â Â Â Confirmation
of sale of real property
18.950Â Â Â Â Â Â Delivery
and distribution of proceeds
18.952Â Â Â Â Â Â Effect
of sale on judgment debtorÂ’s or mortgagorÂ’s title; effect of redemption by
judgment debtor or mortgagor
18.954Â Â Â Â Â Â Conduct
of sale pursuant to court rule or terms of order or judgment
(Redemption)
18.960Â Â Â Â Â Â Definitions
18.962Â Â Â Â Â Â Property
that may be redeemed
18.963Â Â Â Â Â Â Who
may redeem
18.964Â Â Â Â Â Â Time
for redemption
18.966Â Â Â Â Â Â Redemption
amount payable to purchaser
18.967Â Â Â Â Â Â Redemption
amount payable to redemptioner
18.968Â Â Â Â Â Â Setoff
for rents, income and profits realized by certificate holder; certificate
holderÂ’s lien for crops and amounts expended to prevent waste
18.970Â Â Â Â Â Â Redemption
notice
18.971Â Â Â Â Â Â Objection
to redemption notice
18.972Â Â Â Â Â Â Response
to redemption notice
18.973Â Â Â Â Â Â Objection
to response
18.975Â Â Â Â Â Â Payment
of redemption amount
18.978Â Â Â Â Â Â Court
proceedings on objections
18.980Â Â Â Â Â Â Accounting
18.981Â Â Â Â Â Â Manner
of payment
18.982Â Â Â Â Â Â Redemptioner
must provide sheriff with address
(Waste)
18.983Â Â Â Â Â Â Court
may restrain waste
(SheriffÂ’s Deed)
18.985Â Â Â Â Â Â SheriffÂ’s
deed
SPECIAL RULES FOR SPECIFIC TYPES OF PROPERTY
18.986Â Â Â Â Â Â Manufactured
dwellings and floating homes
18.987Â Â Â Â Â Â PurchaserÂ’s
interest in land sale contract; leasehold interest in land with unexpired term
of more than two years
18.988Â Â Â Â Â Â SellerÂ’s
right to receive payments under land sale contract
18.989Â Â Â Â Â Â Equitable
interests in property
MISCELLANEOUS
18.992Â Â Â Â Â Â Referral
of disputes to court
18.993Â Â Â Â Â Â Effect
of ORS 18.860 to 18.993 on courtÂ’s ability to direct seizure
18.999Â Â Â Â Â Â 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 courtÂ’s judgment.
     (10) “Judgment lien” means:
     (a) The effect of a judgment on real
property as described in ORS 18.150 (2) and (3) for the county in which the
judgment is entered, and as described in ORS 18.152 (2) and (3) for a county in
which the judgment is recorded under ORS 18.152; and
     (b) A support arrearage lien attaching to
real property under ORS 18.150 (3) or 18.152 (3).
     (11) “Judgment remedy” means:
     (a) The ability of a judgment creditor to
enforce a judgment through execution; and
     (b) Any judgment lien arising under ORS
18.150 or 18.152.
     (12) “Legal authority” means:
     (a) A statute;
     (b) An
     (c) A rule or order of the Chief Justice
of the Supreme Court adopted under ORS 18.028; and
     (d) All controlling appellate court
decisions in effect December 31, 2003.
     (13) “Limited judgment” means:
     (a) A judgment entered under ORCP 67 B or
67 G;
     (b) A judgment entered before the
conclusion of an action in a circuit court for the partition of real property,
defining the rights of the parties to the action and directing sale or
partition;
     (c) An interlocutory judgment foreclosing
an interest in real property; and
     (d) A judgment rendered before entry of a
general judgment in an action that disposes of at least one but fewer than all
requests for relief in the action and that is rendered pursuant to a legal
authority that specifically authorizes that disposition by limited judgment.
     (14) “Money award” means a judgment or
portion of a judgment that requires the payment of money.
     (15) “Person” includes a public body as
defined in ORS 174.109.
     (16) “Request for relief” means a claim, a
charge in a criminal action or any other request for a determination of the
rights and liabilities of one or more parties in an action that a legal
authority allows the court to decide by a judgment.
     (17) “Supplemental judgment” means a
judgment that may be rendered after a general judgment pursuant to a legal
authority.
     (18) “Support arrearage lien” means a lien
that attaches to real property under the provisions of ORS 18.150 (3) or 18.152
(3).
     (19) “Support award” means a money award
or agency order that requires the payment of child or spousal support. [2003
c.576 §1; 2005 c.542 §55; 2005 c.568 §4]
     Note: Section 7, chapter 568, Oregon Laws 2005,
provides:
     Sec.
7. Sections 2 [18.245] and 6
[18.029] of this 2005 Act and the amendments to ORS 18.005 by section 4 of this
2005 Act apply to all judgments entered on or after January 1, 2004. [2005
c.568 §7]
     Note: Sections 45 and 569 (1) and (2), chapter
576, Oregon Laws 2003, provide:
     Sec.
45. (1) Except as provided
by this section or by sections 1 to 44 of this 2003 Act [ORS chapter 18],
sections 1 to 44 of this 2003 Act apply only to judgments entered on or after
the effective date of this 2003 Act [January 1, 2004]. Nothing in this 2003 Act
affects the validity, lien effect or enforceability of any judgment or decree
entered before the effective date of this 2003 Act. Nothing in this 2003 Act
affects the validity, lien effect or enforceability of any order or warrant
docketed or recorded before the effective date of this 2003 Act. Except as
provided by this section or sections 1 to 44 of this 2003 Act, any judgment or
decree entered before the effective date of this 2003 Act, and any order or
warrant docketed or recorded before the effective date of this 2003 Act, shall continue
to be governed by the law in effect on the day immediately preceding the
effective date of this 2003 Act.
     (2) Section 12 of this 2003 Act [18.107]
applies to any corrected judgment entered on or after the effective date of
this 2003 Act, without regard to whether the original judgment is entered
before, on or after the effective date of this 2003 Act.
     (3) A judgment creditor may create a
judgment lien for a judgment in a county other than the county in which a
judgment is entered in the manner provided by section 15 of this 2003 Act
[18.152] without regard to whether the judgment is entered before, on or after
the effective date of this 2003 Act.
     (4) Section 17 of this 2003 Act [18.158]
applies to all judgments, whether entered before, on or after the effective
date of this 2003 Act.
     (5) Except as provided in sections 21
[18.190] and 22 [18.192] of this 2003 Act, sections 18 [18.180] and 19 [18.182]
of this 2003 Act apply to all judgments, whether entered before, on or after
the effective date of this 2003 Act. Notwithstanding section 19 of this 2003
Act, any order of renewal entered before the effective date of this 2003 Act
may be recorded in the manner provided by section 19 (6) of this 2003 Act with
the effect provided by section 15 (4) of this 2003 Act.
     (6) Section 23 of this 2003 Act [18.200]
applies to the release of any judgment lien after the effective date of this
2003 Act, without regard to whether the judgment was entered before, on or
after the effective date of this 2003 Act.
     (7) Section 24 of this 2003 Act [18.205]
applies to the assignment of any judgment after the effective date of this 2003
Act, without regard to whether the judgment was entered before, on or after the
effective date of this 2003 Act.
     (8) Section 25 of this 2003 Act [18.225]
applies to any satisfaction of judgment filed with a court on or after the
effective date of this 2003 Act, without regard to whether the judgment was
entered before, on or after the effective date of this 2003 Act.
     (9) Sections 26 [18.228] and 27 [18.232]
of this 2003 Act apply to all judgments, whether entered before, on or after
the effective date of this 2003 Act.
     (10) Section 28 of this 2003 Act [18.235]
applies to any motion for an order declaring that a money award has been
satisfied, or to determine the amount necessary to satisfy a money award, filed
with a court on or after the effective date of this 2003 Act, without regard to
whether the judgment was entered before, on or after the effective date of this
2003 Act.
     (11) Sections 29 [18.252] and 30 [18.255]
of this 2003 Act apply to execution on any judgment, without regard to whether
the judgment was entered before, on or after the effective date of this 2003
Act.
     (12) Sections 31 [18.265] and 32 [18.268]
of this 2003 Act apply to any motion for a debtor examination made on or after
the effective date of this 2003 Act, without regard to whether the judgment was
entered before, on or after the effective date of this 2003 Act.
     (13) Section 33 of this 2003 Act [18.270]
applies to any written interrogatories served on or after the effective date of
this 2003 Act, without regard to whether the judgment was entered before, on or
after the effective date of this 2003 Act.
     (14) Sections 34 to 44 of this 2003 Act
[18.465 to 18.476 and 18.492 to 18.518, both 2003 Edition] apply to any writ of
execution issued on or after the effective date of this 2003 Act, without
regard to whether the judgment was entered before, on or after the effective
date of this 2003 Act. [2003 c.576 §45]
     Sec.
569. (1) Except as
specifically provided by this 2003 Act, the deletions of statutory references
to decrees and the substitutions of references to judgments that are made by
the provisions of this 2003 Act do not affect the determination as to whether a
person has a right to a jury trial, the scope of review of the courtÂ’s decision
under ORS 19.250, or any other procedural or substantive aspect of the
proceedings giving rise to the courtÂ’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 courtÂ’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 creditorÂ’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 judgeÂ’s or
court administratorÂ’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 judgeÂ’s or court
administratorÂ’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
courtÂ’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 stateÂ’s law, a judgment creditor under the
judgment may record a certified copy of the judgment or a lien record abstract
for the judgment in the County Clerk Lien Record for any county in this state.
     (2) If a judgment of another state
described in subsection (1) of this section is extended or renewed under the
laws of the state that rendered the judgment, a judgment creditor under the
judgment may record a certified copy of the extension or renewal in the County
Clerk Lien Record for any county in this state or may record a lien record
abstract for extension or renewal in the County Clerk Lien Record for any
county in this state.
     (3) Upon recording a judgment, lien record
abstract, extension or renewal under this section, the judgment creates a
judgment lien as described in ORS 18.152 (3).
     (4) When the judgment expires in the state
in which the judgment was originally entered, the judgment lien and any support
arrearage lien created under this section expire in every county in which the
judgment has been recorded under this section.
     (5) Liens arising by operation of law in
another state against real property for amounts of overdue payments under a
support order, as defined in ORS 110.303, shall be accorded full faith and
credit if the state agency, party or other entity seeking to enforce the lien
follows the applicable procedures for recording and service of notice of claim
of lien as required by this section. A state agency, party or other entity may
not file an action to enforce a lien described in this section until the
underlying judgment has been filed in
     (6) This section does not apply to justice
courts, municipal courts or county courts performing judicial functions. [2003
c.576 §17]
     18.160 [Repealed by 1981 c.898 §53]
     18.162
Judgment lien based on justice and municipal court judgments; satisfaction
filing fee. (1) Subject to
the requirements of this section and ORS 221.344, from the time that a judgment
of a justice or municipal court is transcribed or recorded as provided in ORS
52.635 or 221.351, the judgment creates a judgment lien as described in ORS
18.152.
     (2) The judgment lien of a judgment
entered in a justice or municipal court may be eliminated as provided in ORS
18.154 if an appeal is taken from the judgment. The clerk of the justice or
municipal court shall note the elimination of the lien in the judgment docket.
     (3) When the lien of a justice or
municipal court judgment ceases in the county in which the judgment was
originally recorded or transcribed, the lien shall cease in every other county
in which a certified copy of the judgment or a lien record abstract has been
recorded. When the judgment has been fully satisfied, it is the responsibility
of the judgment creditor to file a full satisfaction in any circuit court to
which the judgment has been transcribed under ORS 52.635, and to record the
satisfaction in the County Clerk Lien Record for the county in which the court
is located if a certified copy of the judgment or a lien record abstract for
the judgment was recorded in that County Clerk Lien Record. Upon satisfaction
in full of the judgment, the judgment creditor shall deliver to the judgment
debtor an executed satisfaction of the judgment for any other county where a
certified copy of the judgment or a lien record abstract has been recorded. The
county clerk shall charge a fee as provided in ORS 205.320 for filing a
satisfaction of judgment. [Formerly 18.355]
     18.165
Priority of judgment lien over unrecorded conveyance. (1) If a judgment with lien effect under ORS
18.150, 18.152 or 18.158 is entered or recorded in a county before a
conveyance, or a memorandum of a conveyance, of real property of the debtor is
recorded in that county, the conveyance of the judgment debtorÂ’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 debtorÂ’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 sellerÂ’s or purchaserÂ’s
interest in a land sale contract or any other agreement affecting the title of
real property within this state, including a trust deed, a mortgage, an
assignment for security purposes or an assignment solely of proceeds, given by
a purchaser or seller under a land sale contract or given by a person with
title to the real property.
     (b) “Grantee” means:
     (A) The person deemed to be the mortgagee
under a trust deed pursuant to ORS 86.715; and
     (B) Any other person to whom the interest
that is the subject of a conveyance is intended to pass. [Formerly 18.370; 2005
c.568 §21; 2007 c.166 §1]
     18.170
Form for lien record abstract; rules. (1) Unless otherwise prescribed by law, a person recording a lien
record abstract shall use substantially the following form:
______________________________________________________________________________
LIEN RECORD ABSTRACT
The
undersigned states:
A. Creditor/Prevailing Party Information:
     __ 1.
The creditor/prevailing party is:
          _____________________
          and
the address of the creditor is:
          _____________________
          _____________________
          under
judgment, order or petition entered
           on _____ (date) in the_____ Court
for _____ (County) of _____ (State) under Case No._____.
     __ 2.        The Creditor’s attorney’s name is
          _____________________
          Attorney’s
Address is:
          _____________________
          Attorney’s
Phone No. is: ______
B. Debtor/Losing Party Information:
     __ 1.        The Debtor/losing party is:
          _____________________
     __ 2.        Debtor’s address (if known):
          _____________________
          _____________________
     __ 3.        Debtor’s Social Security No. or
          Taxpayer
Identification No.
          (if
known):
          _____________________
     __ 4.        Debtor’s driver license no. and
          state
of issuance for the license
          (if
known):
          _____________________
     __ 5.        Name of debtor’s attorney
          (if
known):
          _____________________
C. Judgment Information:
     __ 1.        The amount of the judgment is:
          _____________________
     __ 2.        The amount of the costs is:
          _____________________
     __ 3.        The amount of attorney fees, if any is:
           _____________________
D. The Real or Personal Property to Be
     Affected
     (Check appropriate box):
     __ All real property of the debtor/losing party, now or hereafter
acquired, in
     __ The following described real or personal property of debtor (legal
description as set forth or on attached Exhibit):
          _____________________
          _____________________
          _____________________
          _____________________
     IN WITNESS WHEREOF, the undersigned person
or persons have executed this abstract this ___ day of ______, 2___.
____________Â Â Â Â Â Â Â Â Â Â Â ____________
____________Â Â Â Â Â Â Â Â Â Â Â ____________
State of
                                  )          ss.
County of _____Â Â Â Â Â Â Â Â )
     The foregoing instrument was acknowledged
before me this ___ day of___, 2___, by ____________.
__________________
Notary Public for
My commission expires: _________
State of
                                  )          ss.
County of _____Â Â Â Â Â Â Â Â )
     The foregoing instrument was acknowledged
before me this ___ day of ___, 2___, by ____________ and by ____________
of ____________, a corporation on behalf of the corporation.
__________________
Notary Public for
My commission expires: _________
______________________________________________________________________________
     (2) A lien record abstract that is the
result of a judgment for unpaid child or spousal support entered in another
state shall be on the form prescribed by rules adopted by the Department of
Justice in lieu of the form required by subsection (1) of this section. [Formerly
18.325]
EXPIRATION AND
EXTENSION OF JUDGMENT REMEDIES
     18.180
Expiration of judgment remedies in circuit court. (1) Judgment remedies for a judgment expire
upon full satisfaction of the money award portion of the judgment.
     (2) If a judgment lien arises out of a
support award under ORS 18.150 (3) or 18.152 (3), a support arrearage lien
attaching to real property under the judgment lien expires upon satisfaction of
the unpaid installment that gave rise to the support arrearage lien.
     (3) Except as provided in ORS 18.180 to
18.192, judgment remedies for a judgment in a civil action expire 10 years
after the entry of the judgment.
     (4) Except as provided in this subsection,
judgment remedies for a judgment in a criminal action expire 20 years after the
entry of the judgment. Judgment remedies for a judgment in a criminal action
that includes a money award for restitution expire 50 years after the entry of
the judgment.
     (5) Except as provided in ORS 18.192,
judgment remedies for the child support award portion of a judgment, and any
lump sum support award for child support, expire 25 years after the entry of
the judgment that first establishes the support obligation.
     (6)(a) Except as provided by paragraph (b)
of this subsection and ORS 18.190, judgment remedies for any unpaid installment
under the spousal support award portion of a judgment, including any
installment arrearage lien arising under the judgment, expire 25 years after
the entry of the judgment that first establishes the support obligation, or 10
years after an installment comes due under the judgment and is not paid,
whichever is later.
     (b) The judgment lien for the spousal
support award portion of a judgment that is entered on or after January 1,
2004, including any installment arrearage lien arising under the judgment,
expires 25 years after the entry of the judgment that first establishes the
support obligation unless a certificate of extension is filed under ORS 18.185.
     (7)(a) If a money award in a judgment
under ORS 107.105 (1)(f) provides for a future payment of money, judgment
remedies for the portion of the judgment providing for future payment expire 10
years after the date on which the future payment becomes due. At any time
before the judgment remedies for a money award described in this subsection
expire, judgment remedies for the portion of the judgment providing for a
future payment may be extended as provided in ORS 18.182.
     (b) This subsection does not apply to
support awards.
     (8) This section does not apply to justice
courts, municipal courts or county courts performing judicial functions. [2003
c.576 §18; 2005 c.568 §22; 2005 c.618 §1; 2007 c.22 §1]
     Note: See note under 18.048.
     18.182
Extension of judgment remedies.
(1) Judgment remedies for a judgment may be extended by filing a certificate of
extension in the court that entered the judgment. The court administrator shall
enter the certificate in the register of the court and in the judgment lien
record. Except as provided in ORS 18.180 to 18.192, a judgment creditor may
file a certificate of extension only if:
     (a) Judgment remedies for the judgment
have not expired under ORS 18.180; and
     (b) A full satisfaction document for the
money award portion of the judgment has not been filed.
     (2) Notwithstanding subsection (1) of this
section, if the judgment debtor has been discharged from debt under federal
bankruptcy laws, a certificate of extension may not be filed except as provided
in this subsection. Judgments are presumed to have not been discharged in
bankruptcy until the judgment debtor establishes that the judgment has been
discharged. If the judgment debtor is discharged from a debt, a certificate of
extension may be filed if:
     (a) The debtor owned real property and the
judgment lien attached to that property before the filing of the bankruptcy
petition;
     (b) The judgment lien was not avoided by
action of the bankruptcy court;
     (c) The judgment lien has not been
discharged under ORS 18.238; and
     (d) The certificate of extension includes
a legal description of the real property and a statement that the extension
affects only the lien on the real property described in the certificate.
     (3) A certificate of extension must be
signed by the judgment creditor, or by an attorney who represents the judgment
creditor.
     (4) Subject to ORS 18.190 and 18.192, if a
certificate of extension is filed after the date on which the judgment remedies
for the judgment expire under ORS 18.180, the certificate has no effect.
     (5) The judgment remedies for a judgment
that are extended under the provisions of this section expire 10 years after
the certificate of extension is filed. Judgment remedies for a judgment may be
extended only once under the provisions of this section.
     (6) A certified copy of a certificate of
extension, or a lien record abstract for the certificate, may be recorded in
any county in which the judgment was recorded under ORS 18.152, with the effect
provided by ORS 18.152 (4).
     (7) Except as provided in ORS 18.185,
18.190 and 18.192, the judgment remedies for the support award portion of a
judgment, and any lump sum money award for unpaid child support installments,
may not be extended under this section.
     (8) The judgment remedies for a judgment
in a criminal action may not be extended under this section.
     (9) This section does not apply to justice
courts, municipal courts or county courts performing judicial functions. [2003
c.576 §19; 2007 c.339 §5]
     18.185
Extension of judgment lien of spousal support award. (1) If a judgment that is entered on or
after January 1, 2004, includes a spousal support award, a judgment creditor
may file a certificate of extension under ORS 18.182 at any time more than 15
years after the entry of the judgment that first establishes the support
obligation and before the judgment lien for the spousal support award portion
of a judgment expires under ORS 18.180 (6)(b). If a certificate of extension is
filed under this subsection:
     (a) The judgment lien for the spousal
support award portion of the judgment expires 10 years after the certificate of
extension is filed; and
     (b) Any installment arrearage lien that
arises under the judgment, whether before or after the filing of the
certificate, expires 10 years after the installment comes due and is not paid
or when the judgment lien for the spousal support award portion of the judgment
expires under paragraph (a) of this subsection, whichever is first.
     (2) Notwithstanding ORS 18.182 (5),
certificates of extension under ORS 18.182 may continue to be filed in the
manner provided by subsection (1) of this section and with like effect for as
long as the judgment lien for the spousal support award portion of a judgment
has not expired and any installments remain to be paid under the judgment. [2003
c.576 §20]
     18.190
Spousal support awards in judgments entered before January 1, 2004. (1) The judgment lien for the spousal
support award portion of a judgment that is entered before January 1, 2004,
including any installment arrearage liens that arise under the judgment,
expires 10 years after the entry of the judgment that first establishes the
support obligation unless a certificate of extension is filed under ORS 18.182,
or the judgment was renewed in the manner provided by the statutes in effect
immediately before January 1, 2004, within 10 years after the judgment was
entered.
     (2) ORS 18.180 (6) does not operate to
revive the judgment lien of any judgment that expired before January 1, 2004,
under the statutes in effect immediately before January 1, 2004.
     (3) This section and ORS 18.180 (6) do not
limit the time during which judgment remedies are available for any judgment
entered before January 1, 2004, and those judgments may continue to be enforced
for the time provided by the law in effect immediately before January 1, 2004,
subject to any requirement for renewal of those judgments. [2003 c.576 §21]
     18.192
Child support awards in judgments entered before January 1, 1994. (1) The judgment lien of the child support
award portion of a judgment entered before January 1, 1994, and any installment
arrearage lien that arose under the judgment lien, expires 10 years after the
entry of the judgment that established the support obligation unless the
judgment was renewed in the manner provided by the statutes in effect
immediately before January 1, 2004, within 10 years after the judgment was
entered.
     (2) ORS 18.180 (5) does not operate to
revive the judgment lien of any judgment that expired before January 1, 2004.
     (3) This section and ORS 18.180 (5) do not
limit the time during which judgment remedies are available for any judgment
entered before January 1, 1994, and those judgments may continue to be enforced
for the time provided by the law in effect immediately before January 1, 2004,
subject to any requirement for renewal of those judgments. [2003 c.576 §22]
     18.194
Expiration and extension of judgment remedies for justice and municipal court
judgments. (1) Judgment
remedies for a judgment in justice and municipal courts expire upon full
satisfaction of the money award portion of the judgment.
     (2) Except as provided in this section,
judgment remedies for a judgment in a civil action in a justice or municipal
court expire 10 years after the entry of the judgment.
     (3) Except as provided in this subsection,
judgment remedies for a judgment in a criminal action in a justice or municipal
court expire 20 years after the entry of the judgment. Judgment remedies for a
judgment in a criminal action in a justice or municipal court that includes a
money award for restitution expire 50 years after the entry of the judgment.
     (4) Judgment remedies for a judgment in
justice or municipal court may be extended by filing a certificate of extension
in the court that entered the judgment. The clerk shall enter the certificate
in the docket of the court. A judgment creditor may file a certificate of
extension only if:
     (a) Judgment remedies for the judgment
have not expired; and
     (b) A full satisfaction document for the
money award portion of the judgment has not been filed.
     (5) Notwithstanding subsection (4) of this
section, if the judgment debtor has been discharged from debt under federal
bankruptcy laws, a certificate of extension may not be filed except as provided
in this subsection. Judgments are presumed to have not been discharged in
bankruptcy until the judgment debtor establishes that the judgment has been
discharged. If the judgment debtor is discharged from a debt, a certificate of
extension may be filed if:
     (a) The debtor owned real property and the
judgment lien attached to that property before the filing of the bankruptcy
petition;
     (b) The judgment lien was not avoided by
action of the bankruptcy court;
     (c) The judgment lien has not been
discharged under ORS 18.238; and
     (d) The certificate of extension includes
a legal description of the real property and a statement that the extension
affects only the lien on the real property described in the certificate.
     (6) If a certificate of extension is filed
under this section after the date on which the judgment remedies for the
judgment expire, the certificate has no effect.
     (7) The judgment remedies for a judgment
that are extended under the provisions of this section expire 10 years after
the certificate of extension is filed. Judgment remedies for a judgment may be
extended only once under the provisions of this section.
     (8) A certified copy of a certificate of
extension, or a lien record abstract for the certificate, may be recorded in
any county in which the judgment was transcribed or recorded as provided in ORS
52.635 or 221.351, with the effect provided by ORS 18.152 (4).
     (9) The judgment remedies for a judgment
in a criminal action may not be extended under this section. [Formerly 18.365;
2005 c.618 §4]
     Note: See note under 18.048.
RELEASE OF LIEN
     18.200
Release of lien. (1) A
judgment creditor may provide a release of lien document to a judgment debtor
or to any other person with an interest in real property to which a judgment
lien has attached. The release of lien document may be for all real property in
a county or for a single piece of real property in a county. A release of lien
document may be signed by the judgment creditor, or by any attorney who
represents the creditor. The signature of the judgment creditor or attorney
signing a release of lien document must be witnessed by a notary public.
     (2) A release of lien document may be
filed with the court administrator at any time after a judgment lien attaches
under ORS 18.150. The court administrator shall note in the register and in the
judgment lien record that the release of lien document has been filed, and also
shall note whether the release is for all real property in a county or only for
a single piece of real property in a county.
     (3) A release of lien document may be
recorded in any County Clerk Lien Record in which the judgment was recorded
under ORS 18.152.
     (4) Upon filing or recording under this
section, a release of lien document operates to eliminate any judgment lien
arising from the entry or recording of the judgment to the extent reflected in
the document. The filing of a release of lien document does not constitute a
full or partial satisfaction of the judgment.
     (5) The court administrator may not charge
a fee for filing a release of lien document.
     (6) This section does not apply to justice
courts, municipal courts or county courts performing judicial functions. [2003
c.576 §23; 2007 c.339 §6]
     18.202
Reinstatement of lien. (1)
If the administrator, as defined in ORS 25.010, eliminated a judgment lien
document by filing a release of lien document with the court administrator under
ORS 18.200, the administrator may reinstate the lien by recording a notice of
reinstatement in the County Clerk Lien Record for the county where the judgment
was entered.
     (2) If the administrator, as defined in
ORS 25.010, eliminated a judgment lien by recording a release of lien document
in a County Clerk Lien Record under the provisions of ORS 18.200, the
administrator may reinstate the lien by recording a notice of reinstatement in
the County Clerk Lien Record for the county in which the release was recorded.
     (3) The administrator may reinstate a lien
under this section only if:
     (a) The release was for all real property
of a judgment debtor in a county; and
     (b) The judgment lien that was eliminated
arose out of the support award portion of the judgment.
     (4) A certified copy of the judgment
document, or a lien record abstract for the judgment, must be attached to the
notice of reinstatement and be recorded with the notice. A notice of
reinstatement may be recorded at any time after the release of lien document
was filed or recorded and before the expiration of the judgment remedies for
the judgment that gives rise to the judgment lien.
     (5) Upon recording a notice of
reinstatement under this section, the reinstated judgment lien has the same
force and effect as a judgment lien created under ORS 18.152.
     (6) A notice of reinstatement must be
signed by the administrator as defined in ORS 25.010, or by an attorney who
represents the administrator. The signature must be witnessed by a notary
public. [2005 c.568 §9]
ASSIGNMENT OF
JUDGMENT
     18.205
Assignment of judgment. (1)
A judgment creditor may assign all or part of the creditorÂ’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
creditorÂ’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 courtÂ’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 debtorÂ’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 personÂ’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 debtorÂ’s property in a debtorÂ’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 debtorÂ’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 debtorÂ’s failure to answer the
interrogatories truthfully shall subject the judgment debtor to the penalties
for false swearing as provided in ORS 162.075 and for contempt of court as
provided in ORS 33.015 to 33.155.
     (2) Within 20 days after receipt of the
interrogatories, the judgment debtor must answer all questions under oath and
return the original interrogatories to the judgment creditor.
     (3) Failure of the judgment debtor to
comply with the provisions of this section is contempt of court, and the
judgment creditor may commence proceedings under the provisions of ORS 33.015
to 33.155. [2003 c.576 §33; 2005 c.22 §7]
EXEMPT PROPERTY
(Generally)
     18.300
Resident not entitled to federal bankruptcy exemptions. In accordance with Section 522 (b) of the
Bankruptcy Code of 1978 (11 U.S.C. 522 (b)), residents of this state shall not
be entitled to the federal exemptions provided in Section 522 (d) of the
Bankruptcy Code of 1978 (11 U.S.C. 522 (d)). Nothing in this section shall
affect the exemptions given to residents of this state by the Constitution of
the State of
     18.305
Property not exempt from execution for purchase price. No article of property, or if the same has
been sold or exchanged, then neither the proceeds of such sale nor the articles
received in exchange therefor, shall be exempt from execution issued on a
judgment recovered for its price. [Formerly 23.220]
     18.310 [Amended by 1967 c.471 §1; repealed by 1979
c.284 §199]
     18.312
Execution not to issue against property of deceased party; exception. (1) Except as provided in subsection (2) of
this section, execution may not be issued against the property of a deceased
party. Except as provided in subsection (2) of this section, a judgment against
a deceased party may be collected only by making a claim against the estate of
the deceased party in the manner prescribed by ORS chapter 115 or ORS 114.505
to 114.560.
     (2) This section does not prevent the
issuance of execution and sale of property pursuant to a judgment of
foreclosure and sale of property of the decedent. If the amount realized from
the sale of property is not sufficient to satisfy the judgment and collection
of the deficiency is otherwise allowed by law, the amount of the deficiency may
be collected by making a claim against the estate in the manner prescribed by
ORS chapter 115 or ORS 114.505 to 114.560. [Formerly 23.105; 2007 c.495 §1]
     Note: Section 2, chapter 495, Oregon Laws 2007,
provides:
     Sec.
2. The amendments to ORS
18.312 by section 1 of this 2007 Act apply to all decedents, whether dying
before, on or after the effective date of this 2007 Act [January 1, 2008].
[2007 c.495 §2]
     18.315 [1999 c.788 §15; repealed by 2003 c.576 §580]
     18.318
Execution against property in possession or control of public officer or
agency. Any salary, wages,
credits, or other personal property in the possession or under the control of
the state or of any county, city, school district or other political subdivision
therein, or any board, institution, commission, or officer of the same,
belonging or owed to any person, firm or corporation, shall be subject to
execution in the same manner and with the same effect as property in the
possession of individuals is subject to execution; however, process in such
proceedings may be served only on the board, department, institution,
commission, agency, or officer charged with the duty of approving a voucher or
claim for such salary, wages, credits, or other property. No clerk or officer
of any court shall be required to answer as garnishee as to any moneys or
property in the possession of the clerk or officer in the custody of the law. [Formerly
23.190]
     18.320 [Amended by 1961 c.151 §1; 1983 c.405 §1;
1983 c.696 §3; 1985 c.343 §1; 1987 c.586 §3; 1989 c.768 §5; 1993 c.223 §2; 1997
c.801 §59; 1999 c.80 §31; 1999 c.788 §18; repealed by 2003 c.576 §580]
     18.322
Adjudication of claim of exemption. The judgment debtorÂ’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
daysÂ’ 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, workersÂ’ compensation benefits and other
benefits paid to the debtor by the United States, by the state or by a
political subdivision of the state are exempt. The exemption related to
unemployment compensation benefits provided by this subsection is subject to
ORS 657.855. The exemption provided by this subsection applies without regard
to whether the payment is made on a periodic basis or in a lump sum, including
any lump sum payable pursuant to a settlement or judgment. Notwithstanding
subsection (1)(k) of this section, if a payment is made under a settlement or
judgment on account of personal bodily injury and the garnishment or other
execution is issued to collect past due support as defined in ORS 18.600, the
lesser of 75 percent of the payment or $7,500 is exempt. [Formerly 23.160; 2005
c.456 §1]
     18.348
Certain funds exempt when deposited in account; limitations. (1) All funds exempt from execution and
other process under ORS 18.358, 18.385 (2) to (4), 238.445, 344.580, 348.863,
401.405, 407.595, 411.760, 414.095, 655.530, 656.234, 657.855 and 748.207 and
38 U.S.C. 3101 and 42 U.S.C. 407 shall remain exempt when deposited in an
account of a judgment debtor as long as the exempt funds are identifiable.
     (2) Except as provided in subsection (3)
of this section, the provisions of subsection (1) of this section do not apply
to any accumulation of funds greater than $7,500.
     (3) Subsection (2) of this section does
not apply to funds exempt from execution or other process under 42 U.S.C. 407. [Formerly
23.166; 2005 c.381 §19]
     18.350 [Amended by 1961 c.151 §2; 1983 c.405 §3;
1983 c.696 §3a; 1985 c.343 §2; 1987 c.586 §4; 1993 c.523 §1; 1997 c.71 §13;
1997 c.801 §66; 1999 c.195 §1; 1999 c.788 §21a; repealed by 2003 c.576 §580]
     18.352
Proceeds of casualty and indemnity insurance attachable on execution. Whenever a judgment debtor has a policy of
insurance covering liability, or indemnity for any injury or damage to person
or property, which injury or damage constituted the cause of action in which
the judgment was rendered, the amount covered by the policy of insurance shall
be subject to attachment upon the execution issued upon the judgment. [Formerly
23.230]
     18.355 [1999 c.788 §16; 2003 c.576 §93; renumbered
18.162 in 2003]
     18.358
Certain retirement plans exempt from execution; exceptions. (1) As used in this section:
     (a) “Beneficiary” means a person for whom
retirement plan benefits are provided and their spouse.
     (b) “Internal Revenue Code” means the
federal Internal Revenue Code as amended and in effect on December 31, 1998.
     (c) “Permitted contribution” means:
     (A) A contribution that, at the time of
the contribution, is not taxable income to the beneficiary and, if the sponsor
is a taxable entity, is tax deductible to the sponsor;
     (B) A nondeductible contribution by a
beneficiary to a retirement plan to the extent that the contribution is
permitted to be made under the Internal Revenue Code;
     (C) A deductible or nondeductible
contribution to an individual retirement account to the extent the contribution
is not subject to federal excise tax as an excess contribution;
     (D) A contribution, pursuant to a rollover
or transfer, from one retirement plan to another, to the extent the federal tax
deferred status is preserved at such time;
     (E) A rollover from an individual
retirement account described in section 408 of the Internal Revenue Code to an
individual retirement account described in section 408A of the Internal Revenue
Code; and
     (F) Any earnings under a retirement plan
which are attributable to a contribution described in subparagraphs (A) to (E)
of this paragraph.
     (d) “Retirement plan” means:
     (A) A pension plan and trust, including a
profit sharing plan, that is described in sections 401(a), 401(c), 401(k), 403
and 457 of the Internal Revenue Code, including that portion attributable to
contributions made by or attributable to a beneficiary;
     (B) An individual retirement account or
annuity, including one that is pursuant to a simplified employee pension, as
described in section 408 or 408A of the Internal Revenue Code; and
     (C) Any pension not described in
subparagraphs (A) and (B) of this paragraph granted to any person in
recognition or by reason of a period of employment by or service for the
Government of the
     (e) “Sponsor” means an individual or
entity which establishes a retirement plan.
     (2) Subject to the limitations set forth
in subsection (3) of this section, a retirement plan shall be conclusively
presumed to be a valid spendthrift trust under these statutes and the common
law of this state, whether or not the retirement plan is self-settled, and a
beneficiaryÂ’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 beneficiaryÂ’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 individualÂ’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 userÂ’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 individualÂ’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 ownerÂ’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 purchaserÂ’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 debtorÂ’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 debtorÂ’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 sellerÂ’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 ownerÂ’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 creditorÂ’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 debtorÂ’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]
    Â
     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.
     (b) The names of the creditor and debtor.
     (c) The name of the garnishor.
     (d) The date on which judgment was entered
against the debtor or the debt otherwise became subject to garnishment under
ORS 18.605.
     (e) The debtor’s Social Security number or
employer identification number, if those numbers are known by the garnishor. A
public body, as defined in ORS 174.109, shall not include the Social Security
number of the debtor if the disclosure of the Social Security number would
violate federal law or any law of this state.
     (f) The amount subject to garnishment
under the writ, as determined by completing the debt calculation form provided
in ORS 18.832.
     (g) The date on which the writ is issued.
     (h) All addresses required in the writ of
garnishment form provided by ORS 18.830.
     (3) If a writ of garnishment is issued by
the court administrator, the creditor must sign the certification in the writ
indicating that the creditor has read the writ and that to the best of the
knowledge, information and belief of the creditor there is good ground to
support issuance of the writ and the amount indicated in the writ as subject to
garnishment.
     (4) If a writ is issued by any person
other than the court administrator, the person issuing the writ must sign the
certification described in subsection (3) of this section.
     (5) A single writ may be issued for two or
more debtors if those debtors are jointly liable on all or part of the debt. [2001
c.249 §4; 2003 c.85 §3; 2003 c.576 §48]
     18.609
Validity of writ after issuance. (1) A writ of garnishment is valid only if the writ is delivered not
more than 60 days after the writ is issued. If the writ is delivered within the
time specified in this section, the writ acts to garnish property for the
period of time specified by ORS 18.625.
     (2) If the court administrator is issuing
a writ of garnishment, the date of issuance for the writ is the date the court
administrator stamps and signs the writ. If the writ is issued by any other
person, the date of issuance for the writ is the date on which the issuer signs
the certification described in ORS 18.607 (4). [2001 c.249 §5; 2003 c.576 §49]
     18.610
Court with authority over writ.
(1) Only the following courts have authority over a writ of garnishment issued
for the enforcement of a judgment:
     (a) The court in which the judgment to be
enforced was originally entered or first registered;
     (b) The circuit court for the county in
which a judgment debtor resides if the requirements of ORS 18.255 have been
met; and
     (c) The circuit court for the county in
which a debtor has filed a challenge to the garnishment under ORS 18.718.
     (2) Only the following courts have
authority over a writ of garnishment issued for the enforcement of an agency
order or warrant:
     (a) The circuit court for the county in
which the order or warrant was first recorded; and
     (b) The circuit court for the county in
which the debtor resides if the order or warrant has also been recorded in that
county.
     (3) The circuit court for the county in
which the order for provisional process is entered has sole authority for
issuance of a writ of garnishment issued pursuant to an order for provisional
process. [2001 c.249 §6; 2003 c.576 §572]
(Garnishable
Property)
     18.615
Garnishable property generally.
Except as specifically provided in ORS 18.600 to 18.850, a writ of garnishment
delivered to a garnishee garnishes all personal property of the debtor,
including but not limited to property in safe deposit boxes, stocks, wages,
monetary obligations owing to the debtor that are then in existence whether due
or to become due, property held on expired and unexpired bailments and leases,
and property held by the garnishee pursuant to a security interest granted by
the debtor to the garnishee. A writ of garnishment acts to garnish all property
of the debtor possessed by the garnishee, all property of the debtor over which
the garnishee has control and all property of the debtor that is in the custody
of the garnishee. If a person other than the debtor has an interest in the
garnished property, the writ of garnishment acts only to garnish the interest
of the debtor in the property. [2001 c.249 §7]
     18.618
Property not subject to garnishment. (1)(a) Notwithstanding ORS 18.615, the following are not garnishable
property:
     (A) Equitable interests, except to the
extent allowed under ORS chapter 130.
     (B) Property in the custody of the law.
     (C) Property in the possession of a
conservator.
     (D) Property in the possession of a
personal representative that constitutes the subject matter of a trust
contained in a duly probated will of a decedent.
     (E) If a residential landlord is the
garnishee, property in the possession of a residential landlord that is held as
a security deposit or prepaid rent under ORS 90.300.
     (F) The right of a seller under a land
sale contract, as defined by ORS 18.960, to receive payments that are due more
than 45 days after the writ of garnishment is delivered.
     (b) If a garnishee holds any property
described in paragraph (a) of this subsection, the garnishee must note in the
garnishee response required by ORS 18.680 that the garnishee holds the
property, but may not deliver the property to the garnishor.
     (2)(a) Notwithstanding ORS 18.615, wages
owing by a garnishee to a debtor for a specific pay period are not garnishable
property if:
     (A) The writ is delivered within two
business days before the debtorÂ’s normal payday for the pay period;
     (B) When the writ is delivered to the
garnishee, the debtorÂ’s wages are paid by direct deposit to a financial
institution, or the garnishee uses the Oregon Department of Administrative
Services or an independent contractor as defined in ORS 670.600 as payroll
administrator for the garnisheeÂ’s payroll; and
     (C) Before the writ is delivered to the
garnishee, the garnishee issued instructions to the financial institution or
the payroll administrator to pay the debtor for the pay period.
     (b) If a garnishee owes any wages as
described in paragraph (a) of this subsection, the garnishee must so note in
the garnishee response required by ORS 18.680.
     (3) Notwithstanding any other provision of
law, if a voluntary or involuntary bankruptcy petition has been filed by or on
behalf of the debtor after a writ of garnishment could be issued under ORS
18.605, the garnishment of any property of the debtor in the garnisheeÂ’s
possession, control or custody is stayed pursuant to section 362 of the United
States Bankruptcy Code (11 U.S.C. 101 to 1330). [2001 c.249 §8; 2005 c.348 §98a;
2005 c.391 §1; 2005 c.542 §63; 2007 c.496 §1]
     Note: Section 8, chapter 496, Oregon Laws 2007,
provides:
     Sec.
8. The amendments to ORS
18.618, 18.625, 18.685, 18.750, 18.838, 18.855 and 90.300 by sections 1 to 7 of
this 2007 Act apply only to writs of garnishment and notices of garnishment
delivered on or after the effective date of this 2007 Act [January 1, 2008].
[2007 c.496 §8]
     18.620
Setoff for certain amounts payable to underlying lienholders. (1) Notwithstanding ORS 18.615, a garnishee
may apply a setoff against amounts owing to the debtor under the terms of a
land sale contract, under the terms of a promissory note or other evidence of
indebtedness that is secured by a mortgage or trust deed, or under the terms of
a security agreement as defined in ORS 79.0102, to the extent that those
amounts are actually paid to another person:
     (a) Who is entitled to receive the amounts
under the terms of the land sale contract, mortgage, trust deed or security
agreement, or under the terms of any other land sale contract, mortgage, trust
deed or security agreement that is secured by the same property that is the
subject of the land sale contract, mortgage, trust deed or security agreement;
and
     (b) Who has an interest in the property
that is the subject of the land sale contract, mortgage, trust deed or security
agreement that is superior to the interest of the creditor under the laws that
would govern a foreclosure, trust deed sale, repossession or other action
against the property that is the subject of the land sale contract, mortgage,
trust deed or security agreement.
     (2) A garnishee must deliver in the manner
required by ORS 18.600 to 18.850 all amounts in the garnisheeÂ’s possession,
control or custody at the time of delivery of the writ of garnishment that are
not actually paid by the garnishee to another person as described in subsection
(1) of this section, unless those amounts are exempt from execution under other
law.
     (3) A garnishee who applies a setoff under
this section must disclose that the setoff has been applied, and the amount of
the setoff, in the garnishee response required by ORS 18.680. The garnishee
must certify in the garnishee response that the amounts specified in the
certificate were actually paid by the garnishee to another person entitled to
receive those amounts under subsection (1) of this section. [2001 c.249 §9;
2001 c.445 §159a]
(Duration of WritÂ’s
Effect)
     18.625
Duration of writÂ’s effect.
(1) For any property other than wages, a writ of garnishment acts to garnish
only garnishable property of the debtor that is in the garnisheeÂ’s possession,
control or custody at the time the writ is delivered, including money that is
owed but not yet due.
     (2) Except as provided in ORS 18.618 (2),
a writ of garnishment acts to garnish all wages owed by the garnishee to the
debtor at the time the writ is delivered. Except as provided in subsection (3)
of this section, a writ also acts to garnish all wages earned by the debtor by
reason of services to the garnishee during the period commencing with the date
the writ is delivered and ending on the earlier of:
     (a) The expiration of 90 days after the
date the writ is delivered; or
     (b) The date on which the garnishment is
released or satisfied in full.
     (3) If a writ of garnishment is issued on
behalf of a county or county agency, the writ acts to garnish all wages earned
by the debtor by reason of services to the garnishee until the full amount owed
to the county or county agency is paid or until the writ of garnishment is
released by the county or county agency or by a court order. A writ of
garnishment issued on behalf of a county or county agency shall contain
language reasonably designed to notify the garnishee of the provisions of this
subsection. [2001 c.249 §10; 2007 c.496 §2]
     Note: See note under 18.618.
     18.627
Multiple writs. (1) Except
as otherwise provided by law, the first writ of garnishment delivered to a
garnishee has priority over all other writs delivered to the garnishee for the
same debtor. A garnishee shall make payments or deliver property under a
subsequently delivered writ only if there is garnishable property of the debtor
remaining in the garnisheeÂ’s possession, control or custody after complying
with the first writ delivered to the garnishee.
     (2) If a debtor earns wages from a
garnishee during the period that a writ of garnishment is in effect under ORS
18.625, the garnishee shall make payments under the first writ delivered to the
garnishee until the expiration of the period of time specified in ORS 18.625,
and shall thereafter make payments on subsequently delivered writs in the order
in which they were delivered to the garnishee as long as each writ continues to
be effective under ORS 18.625. Any delay in payment under a writ by reason of
this subsection does not affect the expiration of the writÂ’s effect at the time
specified in ORS 18.625. If the first writ does not garnish all wages of the
debtor that are not exempt from execution, the garnishee shall make concurrent
payment on a subsequently delivered writ of the balance of the wages that are
not exempt from execution.
     (3) If a garnishee pays wages to a debtor
and the garnishee receives another writ of garnishment during the period that a
writ is in effect under ORS 18.625, the garnishee shall note those facts on the
garnishee response and indicate the date on which the previous writ will
expire.
     (4) A subsequent writ of garnishment
issued on behalf of the same creditor against the same debtor and delivered to
the same garnishee during the period that a previous writ is effective under
ORS 18.625 acts only to garnish property of the debtor other than wages. [2001
c.249 §11]
(Persons
Authorized to Issue Writs)
     18.635
Who may issue writs. (1) A
writ of garnishment may be issued only by a person specified in this section.
     (2) The court administrator may issue a
writ pursuant to ORS 18.638 and 18.640 only:
     (a) For the enforcement of a judgment that
requires the payment of money and that has been entered in the register of a
circuit court or docketed in the docket of a justice or municipal court;
     (b) Pursuant to an order for provisional
process under ORCP 83 and 84; or
     (c) On behalf of a complainant or claimant
under an order recorded pursuant to ORS 671.707 or 701.153, if the complainant
or claimant has complied with the requirements of ORS 205.126.
     (3) An attorney who is an active member of
the Oregon State Bar may issue a writ for the purpose of enforcing:
     (a) A judgment that requires payment of
money and that has been entered in the register of a circuit court of this
state or docketed in the docket of a justice or municipal court of this state;
and
     (b) An order or warrant that an agency has
recorded in the County Clerk Lien Record as authorized by law, including any
order that has been recorded pursuant to ORS 671.707 or 701.153.
     (4) The administrator, as defined in ORS
25.010, may issue writs of garnishment only for the collection of past due
support. Writs issued under this subsection are subject to the provisions of
ORS 18.645. [2001 c.249 §12; 2003 c.576 §50; 2007 c.793 §1; 2007 c.836 §39]
     Note: The amendments to 18.635 by section 39,
chapter 836, Oregon Laws 2007, become operative July 1, 2008, and apply to
claims or complaints filed against persons whose contractor licenses are issued
or renewed on or after July 1, 2008. See section 70, chapter 836, Oregon Laws
2007. The text that is operative until July 1, 2008, including amendments by
section 1, chapter 793, Oregon Laws 2007, is set forth for the userÂ’s
convenience.
     18.635. (1) A writ of garnishment may be issued only
by a person specified in this section.
     (2) The court administrator may issue a
writ pursuant to ORS 18.638 and 18.640 only:
     (a) For the enforcement of a judgment that
requires the payment of money and that has been entered in the register of a
circuit court or docketed in the docket of a justice or municipal court;
     (b) Pursuant to an order for provisional
process under ORCP 83 and 84; or
     (c) On behalf of a complainant or claimant
under an order recorded pursuant to ORS 671.707 or 701.150, if the complainant
or claimant has complied with the requirements of ORS 205.126.
     (3) An attorney who is an active member of
the Oregon State Bar may issue a writ for the purpose of enforcing:
     (a) A judgment that requires payment of
money and that has been entered in the register of a circuit court of this
state or docketed in the docket of a justice or municipal court of this state;
and
     (b) An order or warrant that an agency has
recorded in the County Clerk Lien Record as authorized by law, including any
order that has been recorded pursuant to ORS 671.707 or 701.150.
     (4) The administrator, as defined in ORS
25.010, may issue writs of garnishment only for the collection of past due
support. Writs issued under this subsection are subject to the provisions of
ORS 18.645.
(Writs Issued by
Court Administrators)
     18.638
Writs issued by court administrators generally. (1) Unless there are grounds for denying
issuance of a writ of garnishment under ORS 18.640, the court administrator
shall issue writs of garnishment upon proper application and payment of all
required fees. A writ of garnishment issued by the court administrator must be
signed by the creditor. The signature constitutes a certificate by the person
under ORCP 17 and is subject to the sanctions provided by ORCP 17.
     (2) The court administrator may not fill
in or complete a writ of garnishment on behalf of a creditor.
     (3) The court administrator is not
responsible for verifying the amounts set forth in a writ issued by the court
administrator and is not liable for errors in the writ made by the creditor. [2001
c.249 §13; 2003 c.576 §51]
     18.640
Grounds for denying issuance of writ. (1) The court administrator shall refuse to issue a writ of
garnishment that is not substantially in the form required by ORS 18.830.
     (2) The court administrator shall refuse
to issue a writ of garnishment that is incomplete or contains improper
instructions. Grounds for refusing issuance of a writ under this subsection
include:
     (a) The inability of the court administrator
to verify the existence of the debt claimed as the basis for the writ by a
review of the register of the court.
     (b) A determination by the court
administrator, based on a review of the register of the court, that a
satisfaction of judgment has been filed with the court.
     (3) The court administrator shall refuse
to issue a writ of garnishment pursuant to an order for provisional process
under ORCP 83 and 84 if the party seeking issuance of the writ has not complied
with all requirements of ORCP 82 A(3), A(5) and A(6) and B to G, 83 and 84. [2001
c.249 §14; 2003 c.576 §52]
(Writs Issued by
Division of Child Support or District Attorney)
     18.645
Writs issued by Division of Child Support or district attorney; rules. (1) The administrator, as defined in ORS
25.010, may issue writs of garnishment for the collection of past due support
in the manner provided by this section. Except as otherwise specifically
provided in ORS 18.600 to 18.850, the provisions of ORS 18.600 to 18.850 apply
to all writs issued under this section.
     (2) Notwithstanding ORS 18.607, a writ of
garnishment issued under this section need not contain the name of the court
whose authority is invoked.
     (3) A single writ of garnishment may be
issued under this section for two or more judgments for past due support owed
by the same judgment debtor. A separate debt calculation form for each of the
judgments must be prepared as provided by ORS 18.832. The writ must reflect the
captions of all cases for which the writ is issued. The writ also must reflect,
as the amount subject to garnishment under the writ, the sum of the amounts due
under all of the judgments subject to the writ. Notwithstanding ORS 18.700 (2),
the debtor may file a challenge to a writ issued under this subsection with the
court administrator for any court in which one of the judgments subject to the
writ was entered. Upon receipt of a notice of a challenge to a garnishment
under this subsection, the issuer of the writ shall file with the court
administrator a response to the challenge, attaching copies of the writ and
garnishee response, copies of all judgments for which the writ is issued and
the debt calculation forms for those judgments, and any supporting
documentation necessary or helpful to the court in making a determination on
the challenge. The Department of Justice shall adopt rules governing the
distribution to judgment creditors of amounts received by the administrator
under a writ issued under this subsection.
     (4) Notwithstanding ORS 18.690, a
garnishee who receives a writ of garnishment issued under this section need not
deliver a copy of the garnishee response to the court administrator.
     (5) Notwithstanding ORS 18.730, payments
under a writ issued under this section must be delivered to the Department of
Justice.
     (6) Notwithstanding ORS 18.730, the
Department of Justice must hold any payments received from the garnishee under
a writ issued pursuant to this section:
     (a) For a period of 120 days after
delivery of the writ, if the garnishee is making a payment of wages.
     (b) For a period of 30 days after delivery
of the writ, if the garnishee is making a payment other than wages.
     (7) When issuing writs under this section,
the Administrator of the Division of Child Support of the Department of Justice
shall modify the forms provided in ORS 18.600 to 18.850 to reflect the
provisions of this section. [2001 c.249 §15; 2003 c.85 §4; 2003 c.373 §1; 2003
c.576 §53a]
(Delivery of Writ)
     18.650
Items required to be delivered to garnishee. (1) All of the following items must be delivered to a garnishee:
     (a) The original writ of garnishment in
substantially the form provided by ORS 18.830 or a copy of the writ.
     (b) A garnishee response form in
substantially the form provided by ORS 18.835.
     (c) An instructions to garnishee form in
substantially the form provided by ORS 18.838.
     (d) A wage exemption calculation form in
substantially the form provided by ORS 18.840.
     (e) Any search fee required by ORS 18.790.
     (2) If any of the items described in
subsection (1) of this section is not delivered to the garnishee, the
garnishment is not effective to garnish any property of the debtor, the
garnishee is not required to respond to the garnishment and the garnishee may
proceed to deal with any property of the debtor as though the writ of
garnishment had not been issued. [2001 c.249 §16; 2003 c.85 §5]
     18.652
Manner of delivery; delivery fee. (1) A writ of garnishment may be delivered to the garnishee personally
or by certified mail, return receipt requested. Delivery is effective upon
receipt of the writ by the garnishee. If the garnishee refuses to accept
delivery by certified mail, the garnishor may attempt personal delivery, but
the garnishor must have a new writ issued in order to claim additional delivery
fees.
     (2) Personal delivery of a writ of
garnishment may be made only by:
     (a) The sheriff of the county where the
writ is to be delivered; or
     (b) A competent person 18 years of age or
older who is a resident of the State of
     (3) If personal delivery is made under
this section, the person serving the writ must note the date of delivery upon
the original writ delivered to the garnishee or upon the copy of the writ
delivered to the garnishee.
     (4) Notwithstanding subsection (2) of this
section, a person other than a sheriff may not deliver a writ of garnishment
unless the person has errors and omissions insurance with limits of not less
than $100,000 per occurrence from a company authorized to do business in this
state.
     (5) The delivery fee for a writ of
garnishment by a person other than a sheriff shall be in an amount agreed to
between the person making the delivery and the garnishor. The delivery fee for
a writ by a sheriff under this section is $15. [2001 c.249 §17; 2003 c.85 §6;
2003 c.304 §5]
     18.655
Proper person to receive writ.
(1) Except as otherwise provided in this section, a writ of garnishment may be
delivered to any of the following persons:
     (a) If the property of the debtor is in
the possession, control or custody of an individual, the writ may be delivered
to the individual. If the individual is the sole proprietor of a business, the
writ may also be delivered to any person designated by the individual to accept
service of a writ of garnishment. If the individual maintains an office for the
conduct of business, office delivery may be made under subsection (6) of this
section.
     (b) If the property of the debtor is in
the possession, control or custody of a partnership other than a limited
partnership, the writ may be delivered to any partner or to any person
designated by the partnership to accept service of a writ of garnishment. If
the partnership is a limited partnership, the writ of garnishment may be
delivered only to a general partner or to a person designated by the
partnership to accept service. If the partnership maintains an office for the
conduct of business, office delivery may be made under subsection (6) of this
section.
     (c) If the property of the debtor is in
the possession, control or custody of a corporation, the writ may be delivered
to any officer or managing agent of the corporation or to any person designated
by the corporation to accept service.
     (d) If the property of the debtor is in
the possession, control or custody of a limited liability company, the writ may
be delivered to any member of the company or to any person designated by the
company to accept service.
     (e) If the property of the debtor is in
the possession, control or custody of a financial institution, the writ may be
delivered to the manager, assistant manager or other designated person at any
office or branch of the financial institution where deposits are received or
that has been designated by the institution as a place for receiving writs of
garnishment. Delivery of a writ in the manner prescribed in this paragraph is
effective to garnish all property of the debtor held at all offices and
branches of the financial institution located in this state.
     (f) If the property of the debtor is in
the possession, control or custody of a public body, as defined in ORS 174.109,
the writ may be delivered to the board, department, institution, commission or
officer charged with approving a claim for the property, or to such person or
place as may be designated by the public body.
     (2) Notwithstanding ORS 78.1120 (2), if
the property of the debtor is money that is owed to the debtor that is not
evidenced by a negotiable instrument, certificate, document or similar
instrument, the writ of garnishment must be delivered to the person who owes
the money in the manner provided by subsection (1) of this section.
     (3) Notwithstanding ORS 78.1120 (2), if
the property of the debtor is stock in a corporation, other than stock
represented by a negotiable certificate or similar instrument, the writ of
garnishment must be delivered to the corporation in the manner provided by
subsection (1) of this section.
     (4) Notwithstanding ORS 77.6020 and
78.1120, if the property of the debtor is a negotiable instrument, certificate,
document or similar instrument, the writ of garnishment must be delivered to
the person having possession of the instrument in the manner provided by
subsection (1) of this section. The garnishment does not limit the rights of a
holder in due course of a negotiable instrument under ORS 73.0302, a holder to
whom a negotiable document has been duly negotiated under ORS 77.5010 or a
protected purchaser of a security under ORS 78.3030.
     (5) If the property of the debtor is an
interest of an heir or legatee in an estate of a decedent, the writ of
garnishment must be delivered to the personal representative of the estate in
the manner provided by subsection (1) of this section.
     (6) For the purposes of subsection (1)(a)
and (b) of this section, office delivery may be made by leaving all of the
items required by ORS 18.650 (1) at the office during normal working hours with
the person who is apparently in charge. If office delivery is used, the person
delivering the writ, as soon as reasonably possible, shall cause to be mailed
by first class mail all of the items required by ORS 18.650 (1) to the
garnishee at the garnisheeÂ’s place of business or such other place under the
circumstances that is most reasonably calculated to apprise the garnishee of
the garnishment, together with a statement of the date, time and place at which
office delivery was made. Office delivery under this subsection is effective
upon the receipt of the writ by the person who is apparently in charge of the
office. [2001 c.249 §18; 2003 c.85 §7; 2005 c.269 §1]
     18.658
Documents to be delivered to debtor. (1) Following delivery of a writ of garnishment to a garnishee, the
person who delivered the writ must mail or deliver promptly the following
documents to the debtor whose property is being garnished by the writ:
     (a) A copy of the writ of garnishment.
     (b) The original of the debt calculation
form.
     (c) A notice of exemptions form in
substantially the form provided by ORS 18.845.
     (d) A challenge to garnishment form in
substantially the form provided by ORS 18.850, with the names and addresses of
the garnishor and garnishee entered by the garnishor.
     (2) A person serving a writ of garnishment
may meet the requirements of subsection (1) of this section by mailing the
documents to the address of the debtor that appears in the writ of garnishment.
If an address for the debtor does not appear in the writ, the person serving
the writ need not comply with subsection (1) of this section. [2001 c.249 §19;
2003 c.85 §8]
(Duties of
Garnishee Generally)
     18.665
Duties generally. (1) Upon
receiving a writ of garnishment, the garnishee shall determine whether a
garnishee response is required under ORS 18.680 and 18.682. The garnishee has
no duty to determine whether the garnishor, sheriff or other person has
complied with the requirements of ORS 18.600 to 18.850, or to otherwise
determine whether the writ of garnishment is valid. If a garnishee response is
required, the garnishee must make a diligent effort to determine whether the
garnishee is the employer of the debtor and whether the garnishee has
possession, control or custody of any property of the debtor as described in
ORS 18.615. If the garnishee has possession, control or custody of such
property, the garnishee must hold the property, or as much of the property as
is necessary to satisfy the garnishment, as required by ORS 18.600 to 18.850,
and thereafter make delivery of the property in the manner required by ORS
18.600 to 18.850.
     (2) The duty of a garnishee to hold and
deliver property is not affected by joint ownership of the property. If a
garnishee holds property that is owned, or appears to be owned, by the debtor
and one or more other persons, the garnishee must still hold and deliver all of
the property, or as much of the property as is necessary to satisfy the
garnishment.
     (3) If a single writ is issued for two or
more joint debtors under ORS 18.607 (5) and the garnishable property in the
garnisheeÂ’s possession, control or custody exceeds the amount necessary to
satisfy the garnishment, the garnishee must hold and deliver as much of the
property as is necessary to satisfy the garnishment but may select, in the sole
discretion of the garnishee, the property to hold and deliver without regard to
which of the joint debtors owns the property. [2001 c.249 §20; 2003 c.85 §9]
     18.668
Immunity by payment to court administrator or delivery to sheriff. (1) Notwithstanding any provision of ORS
18.600 to 18.850, a garnishee may pay to the garnishor or to the court
administrator any money that the garnishee reasonably believes may have been
garnished and may deliver to the sheriff in the manner provided by ORS 18.600
to 18.850 any property that the garnishee reasonably believes to have been
garnished. The garnishee has no duty to determine whether money or property
held by the garnishee is exempt from garnishment or to determine whether the
money or property is garnishable property.
     (2) If the garnishee makes payment of
garnished money to the garnishor or to the court administrator under subsection
(1) of this section, or delivers garnished property to the sheriff in the
manner provided by ORS 18.600 to 18.850, the garnishee is discharged from
liability to the creditor for the value of the money paid or property
delivered.
     (3) If the garnishee requests a receipt,
the sheriff or court administrator shall provide the garnishee with a receipt
for any property delivered to the sheriff or payment made to the court
administrator. [2001 c.249 §21; 2003 c.576 §54]
     18.670
Exceptions to garnisheeÂ’s duties. (1) A garnishee has no duty to hold or deliver any property under a
writ of garnishment if the property has been released by a court order or a
release of garnishment has been delivered to the garnishee under ORS 18.770.
     (2) The duty of a garnishee to hold or
deliver any property under a writ of garnishment is not breached if the
property is removed from the possession, control or custody of the garnishee
before the garnishee can act to stop that removal through the exercise of
reasonable care. [2001 c.249 §22]
     18.672
Duties of personal representative who is garnished. Garnishment does not impair the powers of a
personal representative over estate property for the purposes of
administration. If a personal representative receives a writ of garnishment,
the personal representative must prepare and deliver a garnishee response in
the manner provided by ORS 18.600 to 18.850, but no payment of money or
delivery of property need be made by the personal representative until such
time as specified in this section. The personal representative must note on the
response that the property is estate property subject to administration. The
personal representative must also file a copy of the writ of garnishment and
the garnishee response in the office of the court administrator for the court
in which the estate is being administered, and must report the garnishment to
the court in any petition for distribution. In a judgment made upon such
petition, distribution shall be ordered to the heir or legatee, but delivery
shall be ordered to the sheriff or to the garnishor, as required by ORS 18.600
to 18.850. [2001 c.249 §23; 2003 c.576 §55]
(Garnishee
Response)
     18.680
Response required; time. (1)
Except as specifically provided under ORS 18.682, a garnishee must prepare a
garnishee response in substantially the form provided by ORS 18.835 and must
deliver the response in the manner provided in ORS 18.690.
     (2) Except as provided in subsection (3)
of this section, a garnishee response must be delivered by the garnishee not
later than seven calendar days after the date on which the writ of garnishment
was delivered to the garnishee.
     (3) If the seventh calendar day after
delivery of a writ of garnishment is a Saturday, Sunday or legal holiday, a
garnishee response must be delivered by the garnishee on or before the next
following day that is not a Saturday, Sunday or legal holiday. [2001 c.249 §24]
     18.682
When response not required.
A garnishee has no duty to prepare and deliver a garnishee response if:
     (1) The writ of garnishment is not
delivered to the garnishee within the time provided under ORS 18.609;
     (2) The garnishor fails to serve the
garnishee with all items required under ORS 18.650;
     (3) The garnishee receives a release of
garnishment issued under ORS 18.770; or
     (4) Any other law or court order directs that
the response not be made. [2001 c.249 §25]
     18.685
Contents of response; manner of making payment. A garnishee must note upon a garnishee
response the date on which the garnishee received the writ of garnishment. The
garnishee must also note upon the response the following information and
deliver the response in the manner provided by ORS 18.690:
     (1) If the garnishee discovers that a
voluntary or involuntary bankruptcy petition has been filed by or on behalf of
the debtor and the petition was filed after the date shown on the face of the
writ as the date on which the judgment was entered or otherwise first became
subject to garnishment.
     (2) If the garnishee does not employ the
debtor and the garnishee does not have any garnishable property of the debtor
in the possession, control or custody of the garnishee, the garnishee must so
note on the response.
     (3) If the garnishee employs the debtor,
the garnishee must so state on the response and make all other responses
required by this section or ORS 18.688. The garnishee must thereafter make
payment under the writ in the manner provided by ORS 18.735.
     (4) If the garnishee has any cash
belonging to the debtor, or the garnishee owes any money to the debtor other
than wages that is due as of the time the response is made, the garnishee must
so note on the response. The garnishee must make payment with the response in
the manner provided by ORS 18.730 of the amount subject to the garnishment, or
of such amount as will satisfy the garnishment, whichever amount is less.
     (5) If the garnishee owes any money to the
debtor other than wages that is not due as of the time the response is made but
that will become due within 45 days after the time the writ is delivered, the
garnishee must so note on the response. When the money becomes due, the
garnishee must make payment in the manner provided by ORS 18.732 of the amount
subject to the garnishment, or of such amount as will satisfy the garnishment,
whichever amount is less.
     (6) Except as provided in ORS 18.618
(1)(a)(F), if the garnishee owes any money to the debtor other than wages that
is not due as of the time the response is made and the money will not become
due within 45 days after the time the writ is delivered, the garnishee must so
note on the response. The garnishee must thereafter comply with ORS 18.750 to
18.760.
     (7) If the garnishee has any garnishable
property of the debtor in the possession, control or custody of the garnishee
that is not cash or owed money, the garnishee must so note on the response. The
garnishee must thereafter comply with ORS 18.750 to 18.760.
     (8) If the garnishee can determine from
the writ that the garnishee may owe money to or hold garnishable property of
the debtor, but is not sure what or how much, the garnishee must so state on the
response and must state that the garnishee will file an amended response when
the garnishee determines what or how much money or property the garnishee owes
or holds.
     (9) If the garnishee determines that the
writ of garnishment does not comply on its face with ORS 18.600 to 18.850, or
if the garnishee is unable to determine the identity of the debtor from the
information contained in the writ, the writ of garnishment is ineffective to
garnish the property of the debtor. The garnishee must so note on the response
and provide an explanation.
     (10) If, before delivering the garnishee
response, the garnishee receives an order to withhold income issued under ORS
chapter 25 that applies to the income of the debtor, the garnishee must so note
on the response. The garnishee must provide details of the order to withhold
income, including the name of the agency serving the order, the date the order
was served on the garnishee and the amount to be withheld. If the garnishee
employs the debtor, the garnishee must make the responses required under ORS
18.688.
     (11) If the garnishee receives notice of a
challenge to the garnishment before delivering the response, the garnishee must
so note on the response. The garnishee must thereafter comply with ORS 18.708. [2001
c.249 §26; 2005 c.542 §65; 2007 c.496 §5]
     Note: See note under 18.618.
     18.688
Response of garnishee who is employer of debtor. In addition to the requirements of ORS
18.685, if a garnishee employs the debtor, the garnishee must so note on the
garnishee response and indicate the pay period and the next payday for the
debtor. [2001 c.249 §27]
     18.690
Delivery of garnishee response.
(1) Except as provided in subsection (2) of this section, a garnishee who is
required to deliver a garnishee response must mail or personally deliver:
     (a) The original of the response to the
garnishor;
     (b) A copy of the response to the debtor;
and
     (c) A copy of the response to the court
administrator for the court specified in the writ of garnishment as having
authority over the writ.
     (2) The garnishee shall not mail or
personally deliver a copy of the garnishee response to the court administrator
if:
     (a) The garnishee discovers that a
voluntary or involuntary bankruptcy petition has been filed by or on behalf of
the debtor after the debt was adjudicated as provided in ORS 18.605, and the
garnishee will not make payments or deliver property under the writ pursuant to
ORS 18.618 (3); or
     (b) The garnishee does not employ the
debtor and the garnishee has no property of the debtor in the garnisheeÂ’s
possession, control or custody that is garnishable property.
     (3) For the purpose of compliance with ORS
18.680, delivery of a garnishee response under this section is accomplished
upon mailing or upon personal delivery of the response. [2001 c.249 §28; 2003
c.85 §10; 2003 c.576 §56; 2005 c.391 §5]
     18.692
Supplemental garnishee response. (1) The garnishee shall prepare a supplemental garnishee response and
deliver the supplemental garnishee response to the garnishor and to the debtor,
if either of the following occurs after the garnishee has delivered an initial
garnishee response and before the garnishee delivers all property that is
subject to garnishment under the writ of garnishment:
     (a) The garnishee discovers that a
voluntary or involuntary bankruptcy petition has been filed by or on behalf of
the debtor under section 301, 302 or 303 of the United States Bankruptcy Code
(11 U.S.C. 101 to 1330) after the debt was adjudicated as provided in ORS
18.605; or
     (b) The garnishee receives an order to
withhold income that is entitled to priority under ORS 25.375.
     (2) The supplemental garnishee response
required under this section must be in substantially the form provided in the
instructions to garnishee form set forth in ORS 18.838. [2001 c.249 §29; 2003
c.85 §11]
(Challenge to
Garnishment)
     18.700
Manner of making challenge to garnishment. (1) A debtor may use a challenge to a garnishment to claim such
exemptions from garnishment as are permitted by law. A challenge to a
garnishment may also be used by a debtor:
     (a) To assert that the amount specified in
the writ of garnishment as being subject to garnishment is greater than the
total amount owed by the debtor to the creditor; or
     (b) To assert that property is not
garnishable property.
     (2) A debtor may make a challenge to a
garnishment by completing the challenge to garnishment form provided by ORS
18.850, or a substantially similar form, and by delivering, in person or by
first class mail, the original of the completed form to the court administrator
for the court specified in the writ of garnishment as the court with authority
over the writ and a copy of the completed form to the garnishor. A challenge to
a garnishment must be delivered:
     (a) Within 120 days after a copy of the
writ of garnishment is delivered to the debtor, if the garnishee is the
employer of the debtor and the challenge is based on an exemption that is
claimed for wages earned by the debtor from the garnishee; or
     (b) Within 30 days after a copy of the
writ of garnishment is delivered to the debtor, if the challenge is made on any
other basis.
     (3) Upon receiving a challenge to a
garnishment under subsection (2) of this section, the court administrator shall
retain all payments sent to the court administrator under ORS 18.705 and 18.708
until such time as the court enters a decision on the challenge. The court
administrator shall reject any payment that is received after the challenge is
made and that is not payable to the court, and the court administrator shall
return the payment to the garnishee with instructions to reissue the payment as
payable to the court.
     (4) A court shall not require the payment
of any fee for the filing of a challenge to a garnishment.
     (5) A challenge to a garnishment may be
used only for the purposes specified in this section and ORS 18.725. [2001
c.249 §30; 2003 c.85 §12; 2003 c.576 §57]
     18.702
Notice to garnishor and garnishee of challenge to garnishment. (1) Without unreasonable delay, a court
administrator who has received a challenge to a garnishment under ORS 18.700
shall provide written notice of the challenge as provided in this section. The
notice must include a statement reflecting the consequences of failure of a
garnishor or garnishee to comply with the requirements of ORS 18.705 and
18.708. The notice may include the notice of hearing under ORS 18.710.
     (2) The court administrator shall provide
the notice of a challenge required by subsection (1) of this section to:
     (a) The garnishor.
     (b) The garnishee, unless the court administrator
knows that the garnishee has already delivered all garnishable property to the
garnishor.
     (c) The sheriff of the county identified
in any notice delivered to the court administrator under ORS 18.755 (5). [2001
c.249 §31; 2003 c.576 §58]
     18.705
Duties of garnishor and creditor created by challenge to garnishment. (1) Except as provided in subsection (4) of
this section, upon receiving notice of a challenge to a garnishment under ORS
18.702, a garnishor who is a creditor must send to the court specified in the
writ of garnishment all amounts received by the garnishor that the debtor has
claimed to be exempt or not subject to garnishment, unless the court
specifically orders otherwise.
     (2) Except as provided in subsection (4)
of this section, if the garnishor is not a creditor, upon receiving notice of a
challenge to a garnishment under ORS 18.702, the garnishor must promptly send
to the court specified in the writ of garnishment all amounts received under
the writ that have not been delivered to the creditor and that the debtor has
claimed to be exempt or not subject to garnishment. The creditor must promptly
send to the court specified in the writ all amounts that the creditor has
received under the writ and that the debtor has claimed to be exempt or not
subject to garnishment.
     (3) Payments made to the court under this
section must be in cash or by check made payable to the court. If the payment
has not reached the court by the time of the hearing under ORS 18.710, the
court administrator shall so notify the judge presiding at the hearing. If the
court determines that any of the garnished money should be disbursed to the
debtor and the payment has not reached the court by the time of that
determination, the court may issue an order requiring that the garnishor or
creditor appear and show cause why the garnishor or creditor should not be held
in contempt. In addition to contempt proceedings, the court may require the
garnishor or creditor to pay attorney fees under ORS 20.105. A courtÂ’s
imposition of sanctions under this subsection does not limit any remedy
otherwise available to the debtor.
     (4) This section does not apply if the
garnishor or creditor is not allowed by law to disburse the payment to the
court.
     (5) The receipt of a challenge to a garnishment
does not affect the requirement under ORS 18.755 (1) that the garnishor mail or
deliver a written request for sale of property, and pay the fees determined by
the sheriff under ORS 18.755 (3), not later than 20 days after the garnishee
delivers the garnishee response to the court administrator for the court
specified in the writ of garnishment as having authority over the writ. The
garnishor must note upon the request for sale that a challenge to the
garnishment has been made by the debtor. [2001 c.249 §32; 2003 c.85 §13; 2003
c.304 §2; 2003 c.576 §59]
     18.708
Duties of garnishee created by challenge to garnishment. (1) Upon receiving notice of a challenge to
a garnishment under ORS 18.702, a garnishee who would otherwise be required to
make a payment to the garnishor shall mail or deliver the payment, by cash or
by check made payable to the court, to the court administrator. The garnishee
must make the payment to the court within the time that the garnishee would
have otherwise been required to mail or deliver the payment to the garnishor. A
garnishee who fails to make payment in the manner required by this section is
subject to liability under the provisions of ORS 18.775 to 18.782.
     (2) Upon receiving notice of a challenge
under ORS 18.702, a garnishee who holds any property described in ORS 18.750
must hold the garnished property for the period specified in ORS 18.752 (1). If
the sheriff informs the garnishee before the end of the period specified in ORS
18.752 (1) that the property held by the garnishee will be sold, the garnishee
shall continue to hold the property until receiving further directions from the
court. [2001 c.249 §33; 2003 c.576 §60]
     18.710
Hearing on challenge to garnishment. (1) A debtorÂ’s challenge to a garnishment shall be adjudicated in a
summary manner at a hearing before the court with authority over the writ of
garnishment. The court administrator shall immediately set a hearing date and
send notice of the hearing to the garnishor, garnishee and debtor at the
addresses provided in the challenge to garnishment form. The hearing shall be
held as soon as possible. The garnishor shall provide a copy of the writ of
garnishment to the court on or before the date set for the hearing.
     (2) Hearings on a challenge to a
garnishment may be held by telecommunication.
     (3) The debtor has the burden to prove
timely delivery of a challenge to a garnishment. [2001 c.249 §34; 2003 c.85 §14;
2003 c.576 §61]
     18.712
Allowance or denial of challenge. (1) Except as provided in subsection (3) of this section, if a
challenge to a garnishment is allowed by the court, the court administrator
shall mail to the debtor from any payments made to the court administrator all
amounts determined to be exempt from or not subject to garnishment within 10
judicial days after the courtÂ’s order allowing the challenge. If the challenge
to a garnishment has been made for property described in ORS 18.750 and a
request for sale of the property has been made by the garnishor under ORS
18.755, the court administrator shall give notice of the courtÂ’s decision to
the garnishee and to the sheriff who would conduct the sale.
     (2) Except as provided in subsection (3)
of this section, any amount determined to be garnishable property that is not
exempt after a hearing shall be mailed to the garnishor within 10 judicial days
after the courtÂ’s order denying the challenge as to that amount.
     (3) The Judicial Department may by written
policy establish time limitations different from the 10-day period provided in
subsections (1) and (2) of this section for the delivery of amounts after a
judicial determination on a challenge to a garnishment. The time limitations
established by the department may be longer or shorter than the 10-day period.
The policy may provide for a period longer than 10 days for a category of
payments only if the department determines that the category is subject to
special circumstances that create substantial difficulties in meeting a
requirement of delivery within 10 days. The policy shall provide for delivery in
less than 10 days for any category of payments that the department determines
can be delivered within a shorter period of time. The department shall consider
federal guidelines and rules relating to the timing of transactions in
financial institutions in developing a policy under this subsection. Any policy
adopted under this subsection applies to all courts of this state, except that
municipal courts and justice courts are not bound by any requirement that a
category of payments be delivered in less than 10 days. [2001 c.249 §35; 2003
c.576 §62]
     18.715
Sanctions. (1) A court may
impose sanctions against any person who files a challenge to a garnishment in
bad faith. The sanctions a court may impose under this subsection are a penalty
of not more than $100 and responsibility for attorney fees under ORS 20.105.
     (2) The court shall order a creditor to
return any property that is garnished under a writ of garnishment and that was
exempt from garnishment or not subject to garnishment, and shall order the creditor
to pay a penalty of $200 to the debtor in addition to all costs and reasonable
attorney fees incurred by the debtor in recovering the property and penalty,
if:
     (a) The creditor is the garnishor and
fails to provide in the writ any address for the debtor that is known to the
creditor; or
     (b) The creditor is not the garnishor and
fails to provide to the garnishor any address for the debtor that is known to
the creditor.
     (3) The imposition of sanctions under this
section does not limit any remedy otherwise available to the creditor or
debtor. [2001 c.249 §36]
     18.718
Special procedures for writs issued for past due support. (1) Notwithstanding ORS 18.700 (2), if a
writ of garnishment is issued pursuant to ORS 25.083, the debtor may:
     (a) Challenge the enforcement of the past
due support in the appropriate tribunal of the state upon whose request the
writ was issued as indicated in the writ of garnishment; or
     (b) File a challenge to the garnishment
with the court administrator for the court in the county in which the property
was located when the writ was delivered, if the debtor pays the filing fee
required for an appearance and files with the court administrator copies of the
writ of garnishment, the debt calculation form and the garnishee response delivered
to the debtor under ORS 18.658.
     (2) When a challenge to a garnishment is
filed under this section, the court administrator shall enter the filing in the
court register and the court shall decide the challenge in the manner provided
by ORS 18.710.
     (3) Immediately upon receipt of a notice
of a challenge to a garnishment under this section, the issuer of the writ
shall file with the court administrator a response to the challenge, attaching
copies of the writ of garnishment and garnishee response, and any supporting
documentation necessary or helpful to the court in making a determination on
the challenge. [2001 c.249 §36a; 2003 c.576 §63; 2007 c.493 §17]
(Claim by Person
Other Than Debtor)
     18.725
Claim by person other than debtor for all or part of garnished property. Any person other than a debtor who has an
interest in any garnished property or in any part of the garnished property may
assert that interest by filing with the court administrator for the court
specified in the writ of garnishment an application in substantially the form
set forth in ORS 18.850 for a challenge to a garnishment. The provisions of ORS
18.700 to 18.715 apply to an application made under this section. [2001 c.249 §37;
2003 c.576 §64]
(Payment of Money Under
Writ Generally)
     18.730
Payment of money under writ; garnishorÂ’s duty to hold payments. (1) Unless the court has directed otherwise
or the garnishee has received notice that a challenge to the garnishment has
been filed by the debtor, a garnishee shall make payments of money under a writ
of garnishment to the garnishor.
     (2) Except as provided in ORS 18.645 and
18.745, a garnishor receiving a payment under a writ of garnishment must hold
the payment for a period of 10 days after receipt. The payments must be held in
this state, must be clearly identifiable and must be held separate and apart
from any account used for operating a business or used to pay personal or
business expenses. A payment under a writ may be commingled with other
garnished money.
     (3) If a garnishee receives notice of a
challenge to the garnishment from the court administrator under ORS 18.702, the
garnishee shall cease making payments to the garnishor and shall make all
further payments to the court administrator in the manner provided by ORS 18.708.
     (4) Notwithstanding subsection (1) of this
section, if a creditor is a state agency as defined by ORS 183.750, the
garnishor may require that checks issued for payments under a writ be made
payable to the garnishor or to such other person as designated by the
garnishor. A state agency may modify the forms provided in ORS 18.600 to 18.850
to reflect the provisions of this subsection. [2001 c.249 §38; 2003 c.85 §15;
2003 c.576 §65]
     18.732
Money owed to debtor that is due within 45 days. (1) If the property garnished by a writ of
garnishment is money that is owed to the debtor and that is not due to be paid
at the time the writ is delivered but that will become due within 45 days after
the delivery date, the garnishee is not required to deliver the money until
payment is due. Within five days after the payment is due, unless the
garnishment has been satisfied or released, the garnishee must mail or deliver
to the garnishor the amount of the payment then due or a portion of the payment
sufficient to satisfy the garnishment, whichever is less.
     (2) If the garnishee receives notice of a
challenge to the garnishment at any time before the garnishee mails or delivers
the amount due, the garnishee shall comply with ORS 18.708. [2001 c.249 §39]
(Payment of
Nonexempt Wages)
     18.735
Payment of wages subject to garnishment. Upon delivery of a writ of garnishment, a garnishee that employs the
debtor shall pay to the garnishor all wages that are determined to be subject
to garnishment, and that are not exempt under ORS 18.385, at the following
times:
     (1) The garnishee must make an initial
payment when the garnishee next pays any wages to the debtor. The payment must
be for all wages that were owing to the debtor on the date that the writ was
delivered to the garnishee, and all amounts that are being paid to the debtor
for work performed after the writ was delivered and before issuance of the
paycheck. The garnishee must compute the amount of wages subject to garnishment
using the wage exemption calculation form provided by ORS 18.840 and must mail
a copy of the completed form along with the first payment under the writ.
     (2) Unless the writ of garnishment is
satisfied or released, the garnishee must make subsequent payments under the
writ whenever the garnishee makes any payment of wages to the debtor during the
period specified in ORS 18.625. Each time there is any change in the debtorÂ’s
pay period or any change in the amount paid to the debtor during the debtorÂ’s
pay period, the garnishee must complete a new wage exemption calculation form
and mail a copy of the completed form along with the payment.
     (3) Unless the writ of garnishment is
satisfied or released sooner, the garnishee must make a final payment under the
writ when the garnishee next makes a payment of wages to the debtor after the
writ expires under the provisions of ORS 18.625. The payment must be for all
wages that were owing to the debtor on the date that the writ expires. The
garnishee must complete a new wage exemption calculation form and mail a copy of
the completed form along with the final payment. [2001 c.249 §40]
     18.736
Processing fee. (1) If a
garnishee that employs a debtor is required to make any payment under a writ of
garnishment by reason of wages payable to the debtor, the garnishee may collect
a $1 processing fee for each week of wages, or fraction of a week of wages, for
which a payment is made under the provisions of ORS 18.735. The processing fee
must be collected after the last payment is made under the writ. The fee shall
be withheld from the wages of the debtor, and is in addition to the amounts
withheld for payment to the garnishor under the writ or under any other writ
delivered to the garnishee.
     (2) The fee provided for in this section
may not be collected if withholding of the fee would reduce the debtorÂ’s net
disposable income below the minimum amounts prescribed by ORS 18.385. [2003
c.779 §3]
(Payments Made to
Court Administrator)
     18.738
Acceptance or rejection of payments by court administrator. (1) The court administrator is not liable
for accepting any amount of payment under a writ of garnishment, including any
payment that is sent to the court administrator in error or any payment that
exceeds the amount required to satisfy the garnishment.
     (2) The court administrator may return to
the garnishee any payment received from the garnishee unless the garnishee has
delivered a garnishee response to the court in the manner required by ORS
18.690 or has provided a statement to the court administrator that the payment
is a voluntary payment on behalf of the debtor to be applied toward
satisfaction of the garnishment or is a payment under another law or court
order that requires or allows the garnishee to pay money to the court. [2001
c.249 §41; 2003 c.576 §66]
     18.740
Payments erroneously sent to court. (1) If a garnishee erroneously sends a payment to the court that
should have been sent to the garnishor, the court administrator shall
immediately forward to the garnishor any cash or check made payable to the
garnishor. If a garnishee erroneously sends a payment in the form of a check
made payable to the court, the court administrator may deposit and hold the
check until the check has cleared and then forward the payment to the
garnishor.
     (2) The court administrator is not liable
for interest on money erroneously sent to the court if the court administrator
transmits the money to the garnishor in a timely manner. [2001 c.249 §42; 2003
c.576 §67]
(Crediting of
Payments)
     18.742
Crediting of payments against debt. (1) If a garnishee makes payment to the garnishor, the payment shall
be credited against the debt on the date the garnishor receives the payment.
     (2) If a garnishee makes payment to the
court, the payment shall be credited against the debt on the date the court
administrator disburses payment to the garnishor, unless the court otherwise
orders. This subsection applies even if the garnishee makes payment to the
court in error or when the court administrator holds money pending a decision
on a challenge to the garnishment. [2001 c.249 §43; 2003 c.576 §68]
     18.745
Excess payments. Within 10
days after receiving a payment under a writ of garnishment, a garnishor or
creditor must return to the debtor any amount that exceeds the amount owing on
the debt. If payment was made by check, the garnishor or creditor is not
required to return the payment until 10 days after the check has cleared. [2001
c.249 §44; 2003 c.85 §16]
(Property Subject
to
     18.750
Application of ORS 18.750 to 18.760. (1) A garnishee shall not deliver the property described in this
section to the garnishor. If the garnishor seeks to apply the property
described in this section against the debt of the debtor, the property must be
sold by the sheriff in the manner specified in ORS 18.750 to 18.760.
     (2) The provisions of ORS 18.750 to 18.760
apply to:
     (a) Except as provided in ORS 18.618
(1)(a)(F), any money owed by a garnishee to a debtor the payment of which is
not due at the time the writ of garnishment is delivered to the garnishee and
the payment of which does not become due within 45 days after the date of
delivery;
     (b) Property of the debtor that the
garnishee holds under an unexpired bailment or lease;
     (c) Property of the debtor in which the
garnishee has a security interest that was granted to the garnishee by the
debtor before the delivery of the writ; and
     (d) Any other garnishable property that is
not payable in money.
     (3) The property described in subsection
(2)(a) to (c) of this section must be delivered by the garnishee to the purchaser
in the manner provided by ORS 18.758 (3) if the interest of the debtor in the
property is sold by the sheriff under ORS 18.758. Subject to the provisions of
ORS 18.755, the garnishee must deliver to the sheriff any other garnishable
property that is not payable in money upon receiving notice from the sheriff
under ORS 18.755 (4). [2001 c.249 §45; 2005 c.542 §64; 2007 c.496 §6]
     Note: See note under 18.618.
     18.752
Garnishee duties. (1) If a
garnishee indicates in the garnishee response that the garnishee holds any
property described in ORS 18.750, the garnishee must hold the garnished
property, or a portion of the property sufficient to satisfy the garnishment,
for a period of 30 days after the garnishee delivers the garnishee response to
the court administrator for the court specified in the writ of garnishment as
having authority over the writ, unless the sheriff or the garnishor notifies
the garnishee that the garnishment is released or terminated. If the sheriff
contacts the garnishee during the 30-day period, the garnishee shall deliver
the property to the sheriff or take such other action as may be specified in
the notice given to the garnishee under ORS 18.755 (4).
     (2) If the garnishee is not contacted by
the sheriff before the end of the 30-day period provided for in subsection (1)
of this section, the garnishment is of no further force or effect with respect
to the property and the garnishee may deal with the garnished property as if
the writ had not been delivered to the garnishee. [2001 c.249 §46; 2003 c.304 §3;
2003 c.576 §69a]
     18.755
Request for sale; sheriffÂ’s fees. (1) If a garnishee indicates in the garnishee response that the
garnishee holds any property described in ORS 18.750, the garnishor may require
that the property be sold and that the proceeds of the sale be applied against
the debt owed to the creditor. A sale of the property shall be conducted by the
sheriff only if the garnishor mails or delivers a written request for sale of
the property, and pays the fees determined by the sheriff under subsection (3)
of this section, not later than 20 days after the garnishee delivers the
garnishee response to the court administrator for the court specified in the
writ of garnishment as having authority over the writ. A copy of the writ and a
copy of the garnishee response must be attached to the request for sale of the
property.
     (2) A sale of the property described in
ORS 18.750 may be conducted under ORS 18.750 to 18.760 only by the sheriff of
the county in which the writ was delivered or, if the property is not located
within the county in which the writ was delivered, by the sheriff of the county
in which the property is located.
     (3) A garnishor may request that the
sheriff of a county described in subsection (2) of this section provide a
statement to the garnishor of the fees that the sheriff will charge for
conducting a sale of property that is described in ORS 18.750. The sheriff
shall conduct such investigation as may be necessary to determine the
difficulty of conducting any sale of the property under ORS 18.758, including
any costs that the sheriff may incur in taking into possession any of the
property described in ORS 18.750 (3). The sheriff shall determine whether the
property described in ORS 18.750 (3) should be taken into possession of the
sheriff, or whether the sheriff should enter into an agreement with the
garnishee for the garnishee to continue to hold the property pending sale by
the sheriff. The sheriff shall provide the statement of fees to the garnishor
not later than five days after the garnishor requests the statement.
     (4) If the garnishor mails or delivers a
written request for sale of property and pays the sheriff fees determined under
subsection (3) of this section within the time allowed by subsection (1) of
this section, the sheriff shall promptly mail or deliver a written notice to
the garnishee. The notice shall direct the garnishee to:
     (a) Hold all property described in ORS
18.750 (2)(a) to (c) until the garnishee receives further instructions with
respect to disposition of the property; and
     (b) Deliver all property described in ORS
18.750 (2)(d) to the sheriff, unless the sheriff has agreed with the garnishee
that the property should continue to be held by the garnishee pending sale.
     (5) Upon sending a notice to a garnishee
under subsection (4) of this section, the sheriff shall mail or deliver a copy
of the notice to the court administrator for the court with authority over the
writ. [2001 c.249 §47; 2003 c.304 §4; 2003 c.576 §69]
     18.758
SheriffÂ’s sale. (1) A
sheriff shall sell property under ORS 18.750 to 18.760 in the same manner in
which property is sold on execution. If the debtor owns only part of the
property, the sheriff shall sell the interest of the debtor in the property.
The date scheduled by the sheriff for the sale of the property must be:
     (a) Within 20 days after notice is sent to
the garnishee under ORS 18.755 (4), if the garnishee is directed to continue to
hold the property pending sale by the sheriff; or
     (b) Within 20 days after the property is
delivered to the sheriff, if the garnishee is directed to deliver the property
to the sheriff under ORS 18.755 (4).
     (2) If the garnishor notifies the sheriff
that property should be released to the debtor, the sheriff shall promptly
release the property.
     (3) If the garnishee continues to hold
property of the debtor pending sale of the property under ORS 18.750 to 18.760,
within five days after the sale of property under this section the sheriff
shall advise the garnishee in writing of the identity of the purchaser and that
the purchaser is entitled to possession of the property or to possession of the
debtorÂ’s interest in the property. If the property is a debt owed to the debtor
for which payment is not due or is subject to a bailment, lease or security
interest that has not yet expired or been satisfied or released, the garnishee
need not deliver the property to the purchaser until five days after payment is
due, the bailment or lease has expired, or the indebtedness secured by the
property is satisfied or the security interest is released. [2001 c.249 §48;
2007 c.255 §1]
     18.760
Challenge to garnishment. If
the sheriff receives notice of a challenge to the garnishment pursuant to ORS
18.702 after a request for sale of property has been submitted by the garnishor
under ORS 18.755, the sheriff shall not take possession of or sell any property
that is subject to the challenge. If the sheriff has taken property into
possession before receiving the notice provided for in ORS 18.702, the sheriff
shall hold the property pending the courtÂ’s determination on the challenge.
Upon receiving notice of the courtÂ’s determination under ORS 18.712, the
sheriff shall proceed as directed by the court. [2001 c.249 §49]
(Release of
Garnishment)
     18.770
Release of garnishment. (1)
A garnishor may issue a release of garnishment that covers all or any portion
of the property held under a writ of garnishment. The release must be in
substantially the form provided by ORS 18.842. The garnishor must deliver a
copy of the release to the garnishee and the debtor. In addition, the garnishor
must deliver a copy of the release to:
     (a) The sheriff, if the garnishor has made
a request for sale of property under ORS 18.755; and
     (b) The court administrator for the court
specified in the writ of garnishment as the court with authority over the writ,
if the garnishor has made a request for sale of property under ORS 18.755 or if
the garnishor has received a challenge to the garnishment.
     (2) A person who does not receive a copy
of a release under this section is not liable for treating the property as
though the writ were still in effect.
     (3) Any proceedings for the sale of
property under ORS 18.758 shall be terminated immediately upon receipt by the
sheriff of a copy of a release of garnishment.
     (4) Upon receipt of a copy of a release
under this section, the garnishee may proceed to deal with the released
property as though the writ of garnishment had not been issued. [2001 c.249 §50;
2003 c.576 §70]
(Sanctions Against
Noncomplying Garnishee)
     18.775
Liability of garnishee. (1)
If a garnishee fails to file a garnishee response within the time required by
law, or fails to deliver all garnishable property required to be delivered
under the writ of garnishment within the time required by law, the garnishee is
liable to the creditor in an amount equal to the lesser of:
     (a) The amount required to satisfy the
garnishment; or
     (b) The value of the debtor’s garnishable
property held by the garnishee at the time the writ is delivered to the garnishee.
     (2) A judgment may be entered against the
garnishee for the amounts specified in this section if, after a hearing, the
court finds that:
     (a) The garnishee at the time of the
delivery of the writ of garnishment held garnishable property of the debtor
beyond the amount reported in the garnishee response;
     (b) The garnishee held any garnishable
property of the debtor and the garnishee failed to make a response; or
     (c) The garnishee failed to deliver
garnishable property required to be delivered under the writ.
     (3) The creditor may also recover costs of
the creditor as determined under ORCP 68. If the garnishee fails to file a
garnishee response within the time required by law, the costs of the creditor
may be recovered from the garnishee even if it is determined that the garnishee
held no garnishable property of the debtor at the time the writ was delivered
to the garnishee.
     (4) Any amounts from a garnishee collected
other than costs under a judgment entered pursuant to this section must be
credited against the debt owed by the debtor to the creditor. [2001 c.249 §51]
     18.778
Order to appear. (1) If a
garnishee fails to provide a garnishee response within the time required by
law, or the response is unsatisfactory to the garnishor, or the garnishee fails
to deliver garnishable property under the writ of garnishment within the time
required by law, upon application of the garnishor, the garnishee may be
ordered by the court to appear at a specified time and place for an
examination. In addition to or in lieu of an order to appear for examination,
the court may order the garnishee to appear for a hearing under ORS 18.782 to
determine whether the garnishee should be held liable for the amount specified
in ORS 18.775.
     (2) At any time after a garnishor applies
for an order under this section, the court may enter an order restraining the
garnishee from in any manner disposing of or injuring any of the property of
the debtor alleged by the garnishor to be in the garnisheeÂ’s possession.
     (3) Disobedience of any order of the court
under this section, or refusal to answer any question upon appearance under an
order to appear for examination, may be punished as contempt. [2001 c.249 §52]
     18.780
Pleadings; default judgment.
(1) If the court orders a garnishee to appear for a hearing under ORS 18.782,
the garnishor must serve upon the garnishee written allegations not less than
20 days before the time set for the hearing or within such time as may be
specified in the order. The allegations must inform the garnishee that if the
garnishee fails to answer the allegations not less than 10 days before the time
when the garnishee is required to appear for hearing, default judgment may be
given against the garnishee for an amount no greater than the judgment against
the debtor, plus any costs awarded by the court in the proceeding. The
garnishor may also serve upon the garnishee, not less than 20 days before the
time set for the hearing or within such time as may be specified in the order,
written interrogatories concerning matters relating to the garnishment.
     (2) Unless further time is allowed for
good cause, not less than 10 days before the time when the garnishee is
required to appear for hearing, the garnishee must file with the court an
answer to the allegations and interrogatories of the garnishor and deliver a
true copy of the answer to the garnishor. The answer shall be on oath and shall
contain a full response to all of the allegations and interrogatories.
     (3) The garnishor may except to the answer
of the garnishee for insufficiency, within such time as may be allowed by the
court. If the answer is adjudged insufficient, the garnishee may be allowed to
amend the answer.
     (4) If the garnishee fails to answer as
required under subsection (2) of this section, the creditor may have judgment
against the garnishee for want of answer. In no case shall default judgment be
given against the garnishee for an amount greater than the judgment against the
debtor, plus any costs awarded by the court in the proceeding. The judgment
provided for in this subsection is in lieu of any judgment under ORS 18.775.
Any amounts other than costs collected from a garnishee under a judgment
entered pursuant to this subsection must be credited against the debt owed by
the debtor to the creditor. [2001 c.249 §53]
     18.782
Hearing. Witnesses,
including the debtor and garnishee, may be required to appear and testify at a
hearing held pursuant to an order issued under ORS 18.778. The proceedings
against a garnishee shall be tried by the court as upon the trial of an issue
of law between a plaintiff and defendant. [2001 c.249 §54]
(Financial
Institution as Garnishee)
     18.790
Search fee; garnishment processing fee. (1) Except as provided in subsection (2) of this section, the
garnishor must pay a $10 search fee at the time of delivery of any writ of
garnishment on a financial institution, or at the time a notice of garnishment
is delivered to the financial institution under ORS 18.854. A separate search
fee must be delivered to the financial institution for each debtor if the writ
is issued for more than one debtor under ORS 18.607 (5). If the search fee
required by this section is not paid:
     (a) The garnishment is not effective to
garnish any property of the debtor; and
     (b) The financial institution need not
file a garnishee response.
     (2) The search fee provided for in this
section need not be paid to a financial institution if the debtor is an
employee of the financial institution.
     (3) Notwithstanding subsection (1) of this
section, a financial institution may enter into an agreement with any state
agency authorized to garnish pursuant to ORS 18.645 or 18.854 for periodic
billing and payment of garnishee search fees required under this section.
     (4) The right of a financial institution
to receive the search fee provided for in this section does not in any way
restrict or impair the right of the financial institution to charge and collect
an additional garnishment processing fee from any debtor whose property the
financial institution holds, or to whom the financial institution owes money.
However, a financial institution may not charge or collect a garnishment
processing fee in violation of ORS 652.610. If a financial institution charges
a garnishment processing fee, the financial institution may collect the fee by
deducting the amount of the fee from any amount that the financial institution
owes to the debtor. [2001 c.249 §55; 2003 c.85 §16a; 2007 c.356 §1]
     18.792
Safe deposit boxes.
Notwithstanding any other provision of ORS 18.600 to 18.850, but subject to the
provisions of ORS 18.854, the duty of a financial institution that is a
garnishee to deliver any property of the debtor that may be contained in a safe
deposit box that is in the garnisheeÂ’s possession, control or custody at the
time the writ of garnishment is delivered is conditioned upon the garnishor
first paying to the garnishee, in addition to the search fee provided for in
ORS 18.790, all reasonable costs incurred by the garnishee in gaining entry to
the safe deposit box. The costs must be paid to the garnishee by the garnishor
before access to the safe deposit box is granted. If the garnishor fails to pay
such costs to the garnishee within 20 days after the delivery of the garnishee
response, the garnishment shall not be effective to garnish any property of the
debtor that may be contained in the safe deposit box and the garnishee may
proceed to deal with the safe deposit box and its contents as though the writ
of garnishment had not been issued. Nothing in this section limits the right of
a garnishor to reach the contents of any safe deposit box in any manner
otherwise provided by law. [2001 c.249 §56]
     18.795
Setoff for amounts owing to financial institution. In addition to such rights as the garnishee
may have at law or in equity, a garnishee who is a financial institution may,
following delivery of a writ of garnishment to the garnishee, set off such sums
as are due from the debtor at the time the writ of garnishment is delivered. A
garnishee may not set off any amounts that are not otherwise due to be paid but
that have been accelerated after the delivery of a writ of garnishment.
Notwithstanding any other provision of ORS 18.600 to 18.850, such a garnishee
shall have no obligation to remit any sums upon the garnishment that the garnishee
has set off pursuant to this section. A garnishee who sets off amounts pursuant
to this section shall disclose the fact and the amount of the setoff in the
garnishee response required by ORS 18.680, and must certify in the response
that the amount set off by the garnishee was due from the debtor to the
garnishee at the time the writ was delivered. [2001 c.249 §56a]
     18.798
Effect of garnishment served on financial institution. Notwithstanding any other provision of ORS
18.600 to 18.850, if a writ of garnishment is delivered to a financial
institution after 4 p.m. and the financial institution has a deposit account
held in the name of the debtor, the writ of garnishment only garnishes moneys
on deposit in the account at the beginning of the business day next following
the day on which the writ is delivered. [2001 c.249 §56b]
(Writs Issued to
Enforce Agency Orders or Warrants)
     18.800
Special procedures for writs issued to enforce agency orders or warrants. (1) Except as provided in this section, the
provisions of ORS 18.600 to 18.850 apply to all writs of garnishment issued on
behalf of agencies for the enforcement of agency orders or warrants that are
recorded in the County Clerk Lien Record.
     (2) Notwithstanding ORS 18.690, a
garnishee who receives a writ of garnishment described in subsection (1) of
this section need not deliver a copy of the garnishee response to the court
administrator for the court identified as having authority over the writ.
     (3) Notwithstanding ORS 18.700, a debtor
who wishes to make a challenge to a writ of garnishment described in subsection
(1) of this section must deliver the challenge in person or by first class mail
to the garnishor within the time specified by ORS 18.700 (2).
     (4) A person issuing a writ of garnishment
described in subsection (1) of this section shall modify the forms provided in
ORS 18.600 to 18.850 to reflect that:
     (a) The writ of garnishment is issued
pursuant to an order or warrant recorded in the County Clerk Lien Record;
     (b) A copy of the garnishee response need
not be delivered or mailed to the court administrator for the court identified
in the writ; and
     (c) A challenge to a writ of garnishment
described in subsection (1) of this section must be delivered to the garnishor
and not to the court.
     (5) Within 14 days after receipt of a
challenge to a garnishment described in subsection (1) of this section, the
garnishor must either:
     (a) Release all property claimed as exempt
from or not subject to garnishment under the challenge to the garnishment; or
     (b) File with the court administrator a
response to the challenge attaching copies of the writ and garnishee response
and any supporting documentation necessary or helpful to the court in making
its determination on the challenge to the garnishment.
     (6) The provisions of this section do not
apply to writs of garnishment issued by the court administrator, writs issued
by an attorney for the enforcement of an order recorded under ORS 671.707 or
701.153 or writs issued by the administrator, as defined in ORS 25.010, under
ORS 18.645. [2001 c.249 §57; 2003 c.576 §71; 2007 c.836 §40]
     Note: The amendments to 18.800 by section 40,
chapter 836, Oregon Laws 2007, become operative July 1, 2008, and apply to
claims or complaints filed against persons whose contractor licenses are issued
or renewed on or after July 1, 2008. See section 70, chapter 836, Oregon Laws
2007. The text that is operative until July 1, 2008, is set forth for the userÂ’s
convenience.
     18.800. (1) Except as provided in this section, the
provisions of ORS 18.600 to 18.850 apply to all writs of garnishment issued on
behalf of agencies for the enforcement of agency orders or warrants that are
recorded in the County Clerk Lien Record.
     (2) Notwithstanding ORS 18.690, a
garnishee who receives a writ of garnishment described in subsection (1) of
this section need not deliver a copy of the garnishee response to the court
administrator for the court identified as having authority over the writ.
     (3) Notwithstanding ORS 18.700, a debtor
who wishes to make a challenge to a writ of garnishment described in subsection
(1) of this section must deliver the challenge in person or by first class mail
to the garnishor within the time specified by ORS 18.700 (2).
     (4) A person issuing a writ of garnishment
described in subsection (1) of this section shall modify the forms provided in
ORS 18.600 to 18.850 to reflect that:
     (a) The writ of garnishment is issued
pursuant to an order or warrant recorded in the County Clerk Lien Record;
     (b) A copy of the garnishee response need
not be delivered or mailed to the court administrator for the court identified
in the writ; and
     (c) A challenge to a writ of garnishment
described in subsection (1) of this section must be delivered to the garnishor
and not to the court.
     (5) Within 14 days after receipt of a
challenge to a garnishment described in subsection (1) of this section, the
garnishor must either:
     (a) Release all property claimed as exempt
from or not subject to garnishment under the challenge to the garnishment; or
     (b) File with the court administrator a
response to the challenge attaching copies of the writ and garnishee response
and any supporting documentation necessary or helpful to the court in making
its determination on the challenge to the garnishment.
     (6) The provisions of this section do not
apply to writs of garnishment issued by the court administrator, writs issued
by an attorney for the enforcement of an order recorded under ORS 671.707 or
701.150 or writs issued by the administrator, as defined in ORS 25.010, under
ORS 18.645.
(Use of Writ for
Provisional Process)
     18.810
Use of writ for provisional process. (1) Notwithstanding any other provision of ORS 18.600 to 18.850, a
debt calculation form need not be prepared or delivered for any writ of
garnishment issued pursuant to an order for provisional process under ORCP 83
and 84.
     (2) Notwithstanding ORS 18.730, if a writ
of garnishment is issued pursuant to an order for provisional process under
ORCP 83 and 84, all payments of money by the garnishee under the writ shall be
made to the court administrator for the court specified in the writ as the
court with authority over the writ. The court administrator shall hold the
money pending entry of a judgment against the debtor unless the court finds,
upon a challenge to the garnishment made by the debtor under ORS 18.700, that
all or part of the money is exempt from execution or not subject to
garnishment. If judgment is entered in favor of the debtor, the judgment must
direct the court administrator to pay the money to the debtor. If judgment is
entered in favor of the creditor, the judgment must direct the court
administrator to pay to the creditor as much of the money as will satisfy the
judgment and to pay the remainder to the debtor.
     (3) Notwithstanding ORS 18.750 to 18.760,
if a writ of garnishment is issued pursuant to an order for provisional process
under ORCP 83 and 84, the sheriff shall not sell any property described in ORS
18.750 before a judgment is entered in the proceedings, unless the court finds,
upon a challenge made by the debtor under ORS 18.700, that all or part of the
property is exempt from execution or is not subject to garnishment. If judgment
is entered in favor of the debtor, the judgment must direct the sheriff to
deliver the property to the debtor. If judgment is entered in favor of the
creditor, the judgment must direct the sheriff to sell the property in the
manner provided by ORS 18.758.
     (4) If property taken into the possession
of the sheriff under a writ of garnishment issued pursuant to an order for
provisional process under ORCP 83 and 84 is perishable, or the cost of storing
the property is great, the sheriff shall sell the property in the same manner
in which property is sold on execution. The proceeds shall be held and distributed
in the same manner as provided in subsection (2) of this section for payments
made under the writ.
     (5) The court administrator shall attach
to any writ of garnishment issued pursuant to an order for provisional process
under ORCP 83 and 84 a notice that informs the garnishee of the provisions of
subsection (2) of this section. [2001 c.249 §58; 2003 c.576 §72]
(Forms)
     18.830
Writ of garnishment form. A
writ of garnishment must be in substantially the following form:
______________________________________________________________________________
________ COURT
COUNTY OF ________
______Â Â Â Â Â Â Â Â Â Â Â )
Plaintiff,         )          WRIT
OF
                      )          GARNISHMENT
                      )
     vs.            )          Case
No. _____
                      )
______Â Â Â Â Â Â Â Â Â Â Â )
Defendant.     )
TO:________.
     You are now a Garnishee. AS A GARNISHEE,
YOU NEED TO KNOW THE FOLLOWING:
     ________ (who is called the “Debtor”) owes
money to ________ (who is called the “Creditor”). A judgment was entered
against the Debtor for the debt, or the debt otherwise became subject to
garnishment, on _____, 2__. The DebtorÂ’s Social Security number or employer
identification number is ________ (insert if known).
     The amount subject to garnishment is $_____.
     This writ garnishes all of the
following:
     •    Wages that you owe the Debtor at the time this writ is delivered
to you, and all wages that the Debtor earns during the 90-day period following
the date on which you receive this writ.
     •    All property of the Debtor (including money) that is in your
possession, control or custody at the time this writ is delivered to you.
     •    All debts that you owe the Debtor at the time this writ is
delivered to you, whether or not payment is due on the debt at the time you
receive this writ.
     YOU MUST ANSWER THIS WRIT BY COMPLETING
THE ATTACHED GARNISHEE RESPONSE WITHIN THE TIME ALLOWED BY LAW, WHETHER OR NOT
YOU HOLD ANY OF THE DEBTORÂ’S PROPERTY OR OWE ANYTHING TO THE DEBTOR. IF YOU DO
NOT TRUTHFULLY ANSWER THIS WRIT, OR YOU DO NOT DELIVER MONEY OR PROPERTY WHEN
YOU ARE REQUIRED TO DO SO, YOU WILL BE LIABLE TO THE CREDITOR.
     If you have questions, you should contact
an attorney. Court employees cannot give you legal advice. The CreditorÂ’s
attorney cannot give you legal advice.
     A writ of garnishment may be issued only
by the court administrator, by the attorney for the Creditor or by a person who
is specifically authorized by law to issue garnishments. This writ is issued by
(check one):
     __ The
court administrator
     __ The
attorney for the Creditor
     __ Other
authorized issuer:
                       Name and title ________
                       Statutory authority to
issue writ ________
     This writ is valid only if it has been
delivered to you within 60 days after the date of issuance. If the court
administrator is issuing this writ, the date of issuance is the date the court
administrator signs the writ (see “COURT SEAL” below). If this writ is issued
by any other person, the date of issuance is the date on which the issuer signs
the certification (see “CERTIFICATION” below).
IMPORTANT ADDRESSES
(see Step 2 of Instructions to Garnishee form)
(Court Administrator)
     ________Court
     Street address ________
    Â
     State _____ Zip Code _____
(Debtor)
     Name ________
     Telephone number (if known) _____
     __ Street
address ________
          Â
           Zip Code _____
     __ Creditor
has no knowledge of DebtorÂ’s address
(Garnishor; check one)
     __ Creditor:
(Must be filled in if the court administrator issues writ.)
           Name ________
           Street address ________
           City _____     State _____
           Zip Code _____
     __ Attorney
for Creditor:
           Name ________
           Street address ________
           City _____     State _____
           Zip Code _____
           Telephone number ________
           Oregon State Bar number ______
     __ Other
authorized issuer of writ:
Name ________
Street
address ________
City_____Â Â Â Â Â Â State _____
Zip Code _____
Telephone
number ________
CERTIFICATION
(The following
certification must be signed by the Creditor if this writ is issued by the
court administrator. In all other cases, the following certification must be
signed by the person issuing the writ.)
     I certify that I have read this writ of
garnishment and to the best of my knowledge, information and belief, there is
good ground to support issuance of the writ, and the amount indicated as
subject to garnishment is lawfully subject to collection by this writ.
_______________Â Â Â Â Â ______, 2__
Signature                   Date
______________
COURT SEAL
(To be completed
only if this writ is issued by the court administrator. The writ must be
stamped by the court administrator. The court administrator has not calculated
any amounts on the writ and is not liable for errors made in the writ by the
Creditor.)
     Issued by the court administrator this __
day of ______, 2__.
COURT ADMINISTRATOR
By _______________
______________________________________________________________________________
[2001 c.249 §59;
2003 c.85 §17; 2003 c.576 §73]
     18.832
Debt calculation form. (1) A
debt calculation form shall be prepared for each writ of garnishment issued. A
copy of the form need not be served on the garnishee, but a copy must be
delivered to the debtor along with a copy of the writ in the manner required by
ORS 18.658.
     (2) A debt calculation form must be in
substantially the following form:
______________________________________________________________________________
________COURT
COUNTY OF ________
______Â Â Â Â Â Â Â Â Â Â Â )
Plaintiff,         )          DEBT
                      )          CALCULATION
          vs.       )          Case
No. _____
           )
______Â Â Â Â Â Â Â Â Â Â Â )
Defendant.     )
     TO: ________(Debtor).
     The following amounts have been calculated
to be owing from you to ________ (Creditor). The amounts are owed by reason of:
     __ A judgment entered against you dated _____, 2__, in Case No._____, ______
Court,
     __ Other
debt subject to garnishment under the law (provide details):
           ______________________
           ______________________
     THE COURT ADMINISTRATOR HAS NOT CALCULATED
ANY AMOUNTS FOR THE PURPOSE OF THIS FORM AND IS NOT LIABLE FOR ERRORS IN THIS
FORM OR IN THE WRIT OF GARNISHMENT MADE BY THE CREDITOR OR GARNISHOR.
Original Debt Amount                             $______
+   Pre-adjudication Interest                   $______
+   Attorney Fees                                    $______
+   Cost Bill                                             $______
+   Post-adjudication Interest                  $______
+   Delivery Fee for Writ                         $______
+Â Â Â SheriffÂ’s Fees other
     than Delivery Fees                             $______
+Â Â Â Other (Explain. Attach
     additional sheets
     if necessary.)
     ______                                               $______
     ______                                               $______
     ______                                               $______
     ______                                               $______
     Total “Other”
     from additional
     sheets (if used)
+   Past Writ Issuance Fees                     $______
+   Past Delivery Fees                             $______
+Â Â Â Transcript and Filing
     Fees for Other Counties                     $______
=   Subtotal                                              $______
LESS Payments Made on Debt               $(______)
=Â Â Â Total Amount Required to
     Satisfy Debt in Full                            $______
     NOTE: INSERTING ITEMS AND AMOUNTS NOT
LAWFULLY SUBJECT TO COLLECTION BY GARNISHMENT MAY RESULT IN LIABILITY FOR
WRONGFUL EXECUTION.
     I certify that I have read this Debt
Calculation form and to the best of my knowledge, information and belief the
amount shown as owing is correct.
_______________
Creditor (Creditor
must sign if writ issued by court administrator.)
_______________
Garnishor
(Attorney for Creditor or other person authorized by law to issue writ.)
_______________
Address
_______________
Telephone Number
_______________
Oregon State Bar
Number (if attorney)
_______________, 2__
Date of
Calculation
______________________________________________________________________________
[2001 c.249 §60;
2003 c.576 §74]
     18.835
Garnishee response form. A
garnishee response must be in substantially the following form:
______________________________________________________________________________
________COURT
COUNTY OF ________
______Â Â Â Â Â Â Â Â Â Â Â )
Plaintiff,         )          GARNISHEE
                      )          RESPONSE
          vs.       )          Case
No. _____
                      )
______Â Â Â Â Â Â Â Â Â Â Â )
Defendant.     )
     The writ of garnishment was delivered to
me on the ___ day of _____, 2__. The following responses are accurate and
complete as of that date.
______________________________________________________________________________
PART I: DEBTORÂ’S PROPERTY
GENERALLY
(ALL GARNISHEES MUST FILL OUT
THIS PORTION OF THE RESPONSE)
Place a check in
front of all the following statements that apply. You may need to check more
than one statement.
     __ I have discovered that a voluntary or involuntary bankruptcy
petition has been filed by or on behalf of the Debtor after the date shown on
the face of the writ as the date on which the judgment was entered against the
Debtor or after the debt otherwise became subject to garnishment. (You need not
complete any other part of this response, but you must sign the response and
deliver it in the manner specified in Step 2 of the Instructions to Garnishee
form.)
     __ I do not employ the Debtor, I do not have in my possession, control
or custody any personal property of the Debtor, and I do not owe any debts or
other obligations to the Debtor.
     __ I
employ the Debtor. (You must complete Part II of this response.)
     __ I have in my possession, control or custody money that belongs to
the Debtor (other than wages), or I owe a debt or other obligation to the
Debtor (other than wages) that is due as of the time of this response. I am
forwarding this money, or enough of it to satisfy the garnishment, to the
Garnishor.
     __ I owe a debt or other obligation to the Debtor (other than wages)
that was not due as of the time of this response but will become due within 45
days after the writ was delivered to me. I will forward the money, or enough of
it to satisfy the garnishment, to the Garnishor when the debt or other obligation
becomes due.
     __ I owe the following debt or other obligation to the Debtor (other
than wages) that will not become due within 45 days after the date that the
writ was delivered to me. I will not make any payments on the debt or
obligation until I receive instructions from the Sheriff or until 30 days have
passed from the date on which I deliver this response. (See Instructions to
Garnishee form.)
______________________
______________________
______________________
______________________
     __ I have in my possession, control or custody the following personal
property (other than money) that belongs to the Debtor. I will hold all of the
property for the Garnishor until I receive instructions from the Sheriff or
until 30 days have passed from the date on which I deliver this response. (See
Instructions to Garnishee form.)
______________________
______________________
______________________
______________________
     __ I may owe money to or hold property of the Debtor, but I am not
sure what or how much it might be. (You must provide an explanation in the
following space and you must deliver an amended response when you find out. You
must deliver an amended response even if you find out that you have no property
of the Debtor or owe no money to the Debtor.)
______________________
______________________
______________________
______________________
     __ The writ of garnishment delivered to me, on its face, does not
comply with the
______________________
______________________
______________________
______________________
     __ I have received an order to withhold income that applies to the
income of the Debtor. The order to withhold income has priority over the writ
of garnishment, and compliance with the order will reduce or eliminate the
money that I would otherwise deliver under the writ. (Provide details,
including the name of the agency serving the order to withhold income, the date
the order was served on you and the amount to be withheld. If you employ the
Debtor, you must still complete Part II of this response.)
______________________
______________________
______________________
______________________
     __ I have received notice of a challenge to the garnishment. I will
deliver to the court administrator all money that I would otherwise deliver to
the Garnishor. (See Step 3 of Instructions to Garnishee form.)
     __ Other
(Explain)
______________________
______________________
______________________
______________________
______________________________________________________________________________
PART II: DEBTORÂ’S EMPLOYER
(GARNISHEES WHO EMPLOY THE
DEBTOR MUST FILL OUT THIS
PORTION OF THE RESPONSE)
Place a check in
front of all the following statements that apply. You may need to check more
than one statement.
     NOTE: THE LAW PROHIBITS DISCHARGE OF THE
DEBTOR FROM EMPLOYMENT BY REASON OF GARNISHMENT.
     __ I employ the Debtor. The Debtor is paid on a _____ basis (insert “weekly,”
“monthly” or other pay period). Wages will next be payable to the Debtor on the
___ day of_____, 2__. I will complete a Wage Exemption Calculation form for
each payment of wages that is made during the 90-day period immediately
following the date that the writ of garnishment was delivered to me. I will
also complete a Wage Exemption Calculation form for the payday immediately
following the end of the 90-day period. I will forward to the Garnishor on each
of these occasions those wages calculated to be subject to garnishment, or
enough of those wages to satisfy the garnishment.
     __ I had already received a writ of garnishment from another Garnishor
before this writ was delivered to me. Under
______________________________________________________________________________
     I hereby certify that I have fully and
accurately completed this garnishee response.
Dated _____, 2__
_______________
Name of Garnishee
_______________
Signature
Telephone number _______________
Fax number (if
available) ___________
_______________
Address
______________________________________________________________________________
[2001 c.249 §61;
2003 c.85 §18; 2003 c.576 §75; 2005 c.542 §66]
     18.838
Instructions to garnishee form.
Instructions to garnishees must be in substantially the following form:
______________________________________________________________________________
INSTRUCTIONS TO GARNISHEE
     Except as specifically provided in these
instructions, you must complete and deliver the Garnishee Response within
seven calendar days after you receive the writ of garnishment. If the writ
does not comply with
     The writ is not effective, and you need
not make a Garnishee Response, if:
     •    You do not receive the writ within 60 days after the date of
issuance shown on the face of the writ.
     •    You
do not receive an original writ of garnishment or a copy of the writ.
     Statutes that may affect your rights and
duties under the writ can be found in ORS 18.600 to 18.850.
     NOTE: The Garnishor may be the Creditor,
the attorney for the Creditor or some other person who is authorized by law to
issue the writ of garnishment. See the writ to determine who the Garnishor is.
STEP 1. FILL
OUT THE GARNISHEE RESPONSE.
     All garnishees who are required to deliver
a garnishee response must fill in Part I of the Garnishee Response. Garnishees
who employ the Debtor must also fill in Part II of the response. You should
keep a copy of the response for your records.
     Completing Part I of the Garnishee
Response. If you discover before you deliver your response that a
bankruptcy petition has been filed by or on behalf of the Debtor, and the
bankruptcy petition was filed after a judgment was entered against the Debtor
or after the debt otherwise became subject to garnishment (see the date
specified in the writ), you must put a check by the appropriate statement in
Part I. If a bankruptcy petition has been filed, you should not make any payments
to the Garnishor unless the court orders otherwise. You need not complete any
other part of the response, but you still must sign the response and deliver it
in the manner described in Step 2 of these instructions.
     In all other cases you must list in Part I
all money and personal property of the Debtor that is in your possession,
control or custody at the time of delivery of the writ. You must also list all
debts that you owe to the Debtor, whether or not those debts are currently due
(e.g., money loaned to you by the Debtor that is to be repaid at a later time).
     If you are the employer of the Debtor at
the time the writ is delivered to you, you must put a check by the appropriate
statement in Part I. In addition, you must complete Part II of the response.
     If you believe that you may hold property
of the Debtor or that you owe a debt to the Debtor, but you are not sure, you
must put a check by the appropriate statement and provide an explanation. When
you find out what property you hold that belongs to the Debtor, or you find out
whether you owe money to the Debtor and how much, you must prepare and deliver
an amended response. You must do this even if you find out that you have no
property of the Debtor or that you do not owe anything to the Debtor.
     If you determine that the writ, on its
face, does not comply with
     If you have received an order to withhold
income that applies to the income of the Debtor and that order has priority
over the garnishment, and if compliance with the order will reduce or eliminate
the money or property that you would otherwise deliver under the garnishment,
you must put a check by the appropriate statement in Part I. You still must
fill out the remainder of the response and deliver the response in the manner
described in Step 2 of these instructions. If you employ the Debtor, you still
must complete Part II of the response.
     If you receive notice of a challenge to
the garnishment before you send your response, you must complete and deliver
your response as otherwise required by these instructions. However, see Step 3
of these instructions regarding payment of money or delivery of property after
receipt of notice of a challenge to the garnishment.
     If you owe a debt to the Debtor and the
Debtor owes a debt to the holder of an underlying lien on your property, you
may be able to offset the amount payable to the underlying lienholder. See ORS
18.620. You must note that you have made the offset in Part I of the response
(under “Other”) and specify the amount that was offset.
     Completing Part II of the Garnishee
Response (employers only). You must fill in Part II of the response if you
employ the Debtor on the date the writ of garnishment is delivered to you, or
if you previously employed the Debtor and still owe wages to the Debtor on the
date the writ is delivered to you.
     Wages affected. Except as provided
below, the writ garnishes all wages that you owe to the Debtor for work
performed before the date you received the writ, even though the wages will not
be paid until a later date. The writ also garnishes all wages that are
attributable to services performed during the 90-day period following the date
you received the writ, even though you would not pay the Debtor for all or part
of those services until after the end of the 90-day period. Wages subject to
garnishment under the writ include all amounts paid by you as an employer,
whether on an hourly, weekly or monthly basis, and include commission payments
and bonuses.
Example 1: Debtor A is employed by you and is paid a
monthly salary on the first day of each month. You receive a writ of
garnishment on July 17. The writ garnishes all wages that you owe to Debtor A
for work performed on or before July 17. If Debtor A was paid on July 1 for
services performed in the month of June, the writ garnishes Debtor AÂ’s salary
for the period beginning July 1 and ending October 15 (90 days after receipt of
the writ).
     The writ does not garnish any wages you
owe to a Debtor for a specific pay period if:
     (a) The writ is delivered to you within
two business days before the DebtorÂ’s normal payday for the pay period;
     (b) When the writ is delivered to you, the
DebtorÂ’s wages are paid by direct deposit to a financial institution, or you
use an independent contractor as payroll administrator for your payroll; and
     (c) Before the writ was delivered to you,
you issued instructions to the financial institution or the payroll
administrator to pay the Debtor for the pay period.
     If any wages are not garnishable by reason
of the issuance of instructions to a financial institution or a payroll
administrator as described above, you must so note in the Garnishee Response.
Thereafter, you must pay to the Garnishor all wages that are subject to
garnishment that are attributable to services performed by the Debtor during
the 90-day period following the date you received the writ.
     Calculation of wages subject to
garnishment. A Wage Exemption Calculation form is attached to the writ of
garnishment. You must use this form to calculate the amount of the DebtorÂ’s
wages that is subject to garnishment. You should read the instructions printed
on the Wage Exemption Calculation form to determine the normal wage exemption
and the minimum wage exemption for each payment you make under the writ.
     A Wage Exemption Calculation form must be
sent with the first payment you make under the writ. For the 90-day period
during which the writ is effective, you must also fill out and return a Wage
Exemption Calculation form with a subsequent payment any time the initial
calculation changes. Finally, you must fill out and return a Wage Exemption
Calculation form with the final payment that you make under the writ.
     Payment of amount subject to
garnishment. Payments under the writ must be made at the following times,
unless the amount owing on the judgment or other debt is fully paid before the
final payment is made or the writ is released:
     (a) You must make a payment to the
Garnishor of all wages subject to garnishment at the time you next pay wages to
the Debtor. Complete the wage exemption computation, using the Wage Exemption
Calculation form, to determine the portion of the DebtorÂ’s wages that is
subject to garnishment. Be sure to adjust the minimum exemption amount for any
payment that covers less than a full pay period. You must include a copy of the
Wage Exemption Calculation form with this first payment.
Example 2: Using the facts given in Example 1, when you
next make any payment of wages to Debtor A after you receive the writ on July
17, you must complete the Wage Exemption Calculation form and send the form to
the Garnishor along with all amounts determined to be subject to garnishment
that are attributable to the period covered by the payment. If you pay Debtor A
on August 1, the payment will be for all wages attributable to the period
beginning July 1 and ending July 31.
     (b) Unless the writ of garnishment is
satisfied or released, during the 90-day period following the date you received
the writ, you must pay to the Garnishor all wages that are determined to be
subject to garnishment whenever you issue a paycheck to the Debtor. If the
Debtor is paid on a weekly basis, you must make payment under the writ on a
weekly basis. If the Debtor is paid on a monthly basis, you must make payment
under the writ on a monthly basis. If the amount paid to the Debtor varies from
paycheck to paycheck, or changes at any time from the amount being paid at the
time the writ was delivered to you, you must perform a new wage exemption
computation to determine the amount of wages subject to garnishment under the
writ. You must send a copy of the new Wage Exemption Calculation form with your
payment to the Garnishor.
Example 3: Using the facts given above, as you make
each subsequent payment of wages to Debtor A you must make a payment of that
portion of the DebtorÂ’s wages that are subject to garnishment. If you continue
to pay Debtor A on the first of each month, payments must be made on September
1 and October 1.
     (c) Upon the expiration of the 90-day
period, you must make a final payment to the Garnishor for all wages that were
owing to the Debtor for the work performed by the Debtor through the 90th day
following your receipt of the writ. This payment may be made at the time of the
DebtorÂ’s next paycheck. You will need to complete another Wage Exemption
Calculation form to determine the amount of the wages subject to garnishment.
Example 4: Using the facts given above, you must make a
final payment for the wages owing to Debtor A for the period beginning October
1 and ending October 15. You may make this payment at the time you issue Debtor
AÂ’s paycheck on November 1, but you must make the payment at any time you issue
a paycheck to Debtor A after October 15. Be sure that in completing the wage
exemption computation for the final payment you adjust the minimum exemption
amount to take into account the fact that the period covered is only 15 days of
the full month (see instructions on Wage Exemption Calculation form).
     Processing fee. You may collect a
$1 processing fee for each week of wages, or fraction of a week of wages, for
which a payment is made under the writ. The fee must be collected after you
make the last payment under the writ. The fee must be withheld from the wages
of the debtor, and is in addition to the amounts withheld for payment to the
garnishor under the writ or under any other writ you have received.
     If you receive more than one writ of
garnishment. If you receive a second writ of garnishment for the same
Debtor from another Garnishor, the first writ will have priority for wages. The
priority of the first writ lasts for the 90-day period following delivery of
that writ to you, or until the first writ is paid in full, whichever comes
first. In your response to the second writ, you must put a check by the
appropriate statement in Part II and indicate the date on which the first writ
will expire (90 days after the date you received the writ). You should make no
payments under the second writ until expiration of the first writ. The
expiration date of the second writ is 90 days after the date you received the
second writ; the expiration date is not affected by any delay in payment
attributable to the priority of the first writ.
STEP 2. DELIVER
THE GARNISHEE RESPONSE.
     You must deliver your Garnishee Response
and copies of the response in the manner provided in this step. The response
and copies may be mailed or delivered personally.
     You must complete and deliver the
Garnishee Response within seven calendar days after you receive the writ of
garnishment. If the seventh calendar day is a Saturday, Sunday or legal
holiday, you must deliver your response on or before the next following day
that is not a Saturday, Sunday or legal holiday.
     If you are required to hold any property
under the writ or make any payment under the writ, either at the time of making
your response or later, you must:
     (a) Send the original of your
Garnishee Response to the Garnishor at the address indicated on the writ under
Important Addresses.
     (b) Send a copy of your Garnishee
Response to the court administrator at the address indicated on the writ under
Important Addresses.
     (c) Send a copy of your Garnishee
Response to the Debtor if an address is indicated on the writ under Important
Addresses.
     If you are not required to hold any
property under the writ or make any payment under the writ, either at the time
of making your response or later, you must:
     (a) Send the original of your
Garnishee Response to the Garnishor at the address indicated on the writ under
Important Addresses.
     (b) Send a copy of your Garnishee
Response to the Debtor if an address is indicated on the writ under Important
Addresses.
STEP 3. DELIVER
THE FUNDS OR OTHER PROPERTY.
     As long as the writ is in effect, you may
be liable to the Creditor if you pay any debt or turn over any property to the
Debtor except as specifically allowed by law. If you have any money or property
of the Debtor in your possession, control or custody at the time of delivery of
the writ, or owe any debt to the Debtor, you must pay the money or hold the
property as required by this step. Exceptions to this requirement are listed
below.
     IF YOU ARE HOLDING MONEY FOR THE DEBTOR OR
OWE A DEBT THAT IS CURRENTLY DUE, you must pay the money to the Garnishor with
your response. You must send your payment to the Garnishor at the address
indicated on the writ under Important Addresses. Make your check payable to the
Garnishor.
     IF YOU OWE A DEBT TO THE DEBTOR THAT WILL
BECOME DUE WITHIN 45 DAYS AFTER THE DATE YOU RECEIVED THE WRIT, you must send
your payment directly to the Garnishor at the address provided in the writ when
the debt becomes due. Make your check payable to the Garnishor.
     IF YOU ARE HOLDING PROPERTY THAT BELONGS
TO THE DEBTOR, OR OWE A DEBT TO THE DEBTOR THAT WILL NOT BECOME DUE WITHIN 45
DAYS AFTER THE DATE YOU RECEIVED THE WRIT, you must keep the property or debt
in your possession, control or custody until you receive written notice from
the Sheriff. The SheriffÂ’s notice will tell you what to do with the property or
debt. If you have followed all of the instructions in the writ and you receive
no notice from the Sheriff within 30 days after the date on which you delivered
your Garnishee Response, you may treat the writ as being of no further force or
effect.
     EXCEPTIONS:
     1. Challenge to garnishment or specific
directions from court. If you are making any payments under the garnishment
and before making a payment you receive notice of a challenge to the
garnishment from the court, or receive a specific direction from the court to
make payments to the court, you must send or deliver the payment directly to
the court administrator. If the money is currently due when you receive the
notice, send the payment promptly to the court. If the payment is for a debt
that is payable within 45 days after you receive the writ, make the payment to
the court promptly when it becomes due. If you make payment by check, make the
check payable to the State of
     A challenge to the garnishment does not
affect your duty to follow the instructions you receive from the Sheriff for
property that belongs to the Debtor and debts that you owe to the Debtor that
do not become due within 45 days.
     2. Previous writ of garnishment. If
you receive a second writ of garnishment for the same Debtor from another
Garnishor, the first writ will have priority and you need not make payments or
deliver property under the second writ to the extent that compliance with the
first writ will reduce or eliminate the payment of money or delivery of
property that you would otherwise make under the garnishment. You must still
deliver a Garnishee Response to the second writ, and must commence payment
under the second writ as soon as the first writ is satisfied or expires.
     3. Offset for payment of underlying
lien. If you owe a debt to the Debtor and the Debtor owes a debt to the
holder of an underlying lien on your property, you may be able to offset the
amount payable to the underlying lienholder. See ORS 18.620.
     4. Subsequent events:
     (a) Bankruptcy. If you make your response
and then discover that a voluntary or involuntary bankruptcy petition has been
filed by or on behalf of the Debtor after the judgment was entered against the
Debtor or after the debt otherwise became subject to garnishment (see date in
writ), you may not make any further payments or delivery of property under the
writ unless the court orders otherwise. If you have not delivered all property
that is subject to garnishment under this writ when you discover that a
bankruptcy petition has been filed, you must mail the following notice to the
Garnishor and to the Debtor.
     (b) Order to withhold income. If you make
your response and then receive an order to withhold income that has priority
over the writ, you may make payments or deliver property under the writ only
after payment of the amounts required under the order to withhold income. If
you have not delivered all property that is subject to garnishment under this
writ when you receive an order to withhold income that has priority, you must
mail the following notice to the Garnishor and to the Debtor.
______________________________________________________________________________
SUPPLEMENTAL GARNISHEE
RESPONSE
     TO: The Garnishor and the Debtor
     RE: Writ of garnishment received _____, 2__
(date), in the case of ________ (Plaintiff) vs. ________ (Defendant), Circuit
Court of ______ County, Oregon, Case No._____.
     The undersigned Garnishee furnished a
Garnishee Response to this writ of garnishment on _____, 2__ (date). Since that
time (check appropriate statement):
     __ I have discovered that a voluntary or involuntary bankruptcy
petition has been filed by or on behalf of the Debtor after the judgment was
entered against the Debtor or after the debt otherwise became subject to
garnishment.
     __ I have received an order to withhold income of the Debtor by reason
of a support obligation. Under ORS 25.375, the order to withhold income has
priority over any other legal process under
     Dated _____, 2__
     _______________
     Name of Garnishee
     _______________
     Signature
     _______________
     Address
______________________________________________________________________________
SPECIAL INSTRUCTIONS FOR BANKS
AND OTHER FINANCIAL INSTITUTIONS
     If the Garnishor fails to pay the search
fee required by ORS 18.790 and you do not employ the Debtor, you are not
required to deliver a Garnishee Response and you may deal with any property of
the Debtor as though the garnishment had not been issued.
     If the Debtor owes a debt to you that was
due at the time you received the writ of garnishment, you may be able to offset
the amount of that debt. See ORS 18.795. You must note that you have made the
offset in Part I of the Garnishee Response (under “Other”) and specify the
amount that was offset.
     Before making a payment under the writ,
you may first deduct any processing fee that you are allowed under ORS 18.790.
     You need not deliver any property
contained in a safe deposit box unless the Garnishor pays you in advance for
the costs that will be incurred in gaining entry to the box. See ORS 18.792.
______________________________________________________________________________
[2001 c.249 §62;
2003 c.85 §19; 2003 c.576 §76; 2003 c.779 §4; 2007 c.496 §3]
     Note: See note under 18.618.
     18.840
Wage exemption calculation form. A wage exemption calculation form must be delivered to the garnishee
with each writ of garnishment. A wage exemption calculation form must be in
substantially the following form:
______________________________________________________________________________
WAGE EXEMPTION CALCULATION
(to be filled out by employers only)
     1.  Debtor’s gross wages
          for period covered by this
          payment............................................. $   ___
2.  Total amount required to be
     withheld by law for amount in
Line 1
          (Federal and state
          withholding, Social
          Security, etc.)..................................... $   ___
3.  Debtor’s disposable wages
          (Subtract Line 2
          from Line 1)....................................... $   ___
4.  Normal exemption (Enter 75
          percent of Line 3).............................. $   ___
5.  Minimum exemption (check one)
     __ $183 (payment of wages weekly)
     __ $366 (payment of wages every two weeks)
     __ $394 (payment of wages half-monthly)
     __ $786 (payment of wages monthly)
     __ $___ (Any other period longer than one week,
           including partial payments
for less than full pay
           period)
           (Multiply $183 by
number of weeks or
           fraction of a week)
6.  Wages exempt from garnishment
          (Line 4 or 5,
          whichever is greater).......................... $   ___
7.  Nonexempt wages (Subtract
          Line 6 from Line 3)............................ $   ___
8.  Amount withheld for this pay
period
     pursuant to a support order
under
     support withholding process
or under
     another writ with priority......................... $   ___
9.  Wages subject to garnishment
          (Subtract Line 8
          from Line 7)....................................... $   ___
INSTRUCTIONS FOR WAGE
EXEMPTION CALCULATION FORM
     If you employ the Debtor named in the writ
of garnishment, you must fill out and return this Wage Exemption Calculation
form. A Wage Exemption Calculation form must be sent with the first payment you
make under the writ. For the 90-day period during which the writ is effective,
you must also fill out and return a Wage Exemption Calculation form with a
subsequent payment any time the initial calculation changes. Finally, you must
fill out and return a Wage Exemption Calculation form with the final payment
that you make under the writ.
     Normal wage exemption. The wage
exemption calculation is based on the amount of the payment you make under the
writ of garnishment. The normal wage exemption in Line 4 is 75 percent of the
employeeÂ’s disposable wages in Line 3.
     Minimum wage exemption. The minimum
exemption in Line 5 is also based on the amount of the payment you are making.
The minimum exemption is designed to ensure that an employee receives at least
a certain minimum amount in any one-week period. If the payment is for a
one-week period (without regard to whether the period is a calendar week or any
other seven-day period), the minimum exemption is $183. The minimum exemption
is $366 if the payment is for a two-week period. If the payment is for one-half
of one month (i.e., the Debtor is paid twice each month), the minimum exemption
is $394. The minimum exemption for a monthly payment is $786.
     If the payment you are making is based on
some period of time other than one week, two weeks, half month or month, and
the payment is for more than one week, you must calculate the minimum exemption
by multiplying $183 by the number of weeks covered by the paycheck, including
any fraction of a week. You should round the amount calculated to the nearest
dollar.
Example 1: You pay Debtor A every 10 days. Each 10-day
period is equal to 1.429 weeks (10 divided by 7). The minimum exemption is $262
($183 ´ 1.429 rounded to the nearest dollar).
     You must use this same calculation
for computing the minimum exemption when making a payment for less than a full
pay period (e.g., for the final payment at the end of the 90-day period covered
by the writ).
Example 2: You pay Debtor A on a monthly basis. You are
required to make a final payment under a writ of garnishment for the wages
owing to Debtor A for the period beginning October 1 and ending October 15.
This period is equal to 2.143 weeks (15 divided by 7). The minimum exemption is
$392 ($183 ´ 2.143 rounded to the nearest dollar).
     The amount of time actually worked by the
Debtor during the period covered by the paycheck does not affect the
calculation of the minimum exemption.
Example 3: You pay Debtor A on a weekly basis. Debtor A
works two days per week. The minimum exemption is $183 for each weekly payment
you make for Debtor A.
     If the payment you are making is based on
a period of time less than one week, the minimum wage exemption may not exceed
$183 for any one-week period.
     If you receive more than one writ of
garnishment. If you receive more than one writ of garnishment for the same
debtor, the writs have priority based on the date on which you receive them. If
the full amount of wages subject to garnishment for a given pay period is paid
on the first writ, you should not make any payment on subsequently received
writs until the first writ expires. In some cases, it may be necessary to make
payments on two or more writs for the same pay period.
Example 4. You have received two writs of garnishment
for Debtor A. You pay Debtor A on a monthly basis. The first writ expires on
October 16. The second writ will not expire until November 15. You will need to
prepare two wage exemption calculation forms for Debtor AÂ’s October wages and
make payments under both writs. The wage exemption calculation form for the
first writ will be for the wages attributable to October 1 to October 15 as
described in Example 2. The wage exemption calculation form for the second writ
will be for all wages for the month of October, but the amounts withheld under
the first writ must be subtracted on Line 8 to determine the October wages
subject to garnishment under the second writ.
______________________________________________________________________________
[2001 c.249 §63;
2003 c.85 §20; 2007 c.496 §10]
     Note: The amendments to 18.840 by section 15,
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 userÂ’s
convenience.
     18.840. A wage exemption calculation form must be
delivered to the garnishee with each writ of garnishment. A wage exemption
calculation form must be in substantially the following form:
______________________________________________________________________________
WAGE EXEMPTION CALCULATION
(to be filled out by employers only)
1.  Debtor’s gross wages
     for period covered by this
     payment................................................... $   ___
2.  Total amount required to be
     withheld by law for amount in
Line 1
          (Federal and state
          withholding, Social
          Security, etc.)..................................... $   ___
3.  Debtor’s disposable wages
          (Subtract Line 2
          from Line 1)....................................... $   ___
4.  Normal exemption (Enter 75
          percent of Line 3).............................. $   ___
5.  Minimum exemption (check one)
     __ $196 (payment of wages weekly)
     __ $392 (payment of wages every two weeks)
     __ $420 (payment of wages half-monthly)
     __ $840 (payment of wages monthly)
     __ $___ (Any other period longer than one week, including partial
           payments for less than
full pay period) (Multiply $196 by
           number of weeks or fraction
of a week)
6.  Wages exempt from garnishment
          (Line 4 or 5,
          whichever is greater).......................... $   ___
7.  Nonexempt wages (Subtract
          Line 6 from Line 3)............................ $   ___
8.  Amount withheld for this pay
period
     pursuant to a support order
under
     support withholding process
or under
     another writ with priority......................... $   ___
9.  Wages subject to garnishment
          (Subtract Line 8
          from Line 7)....................................... $   ___
INSTRUCTIONS FOR WAGE
EXEMPTION CALCULATION FORM
     If you employ the Debtor named in the writ
of garnishment, you must fill out and return this Wage Exemption Calculation
form. A Wage Exemption Calculation form must be sent with the first payment you
make under the writ. For the 90-day period during which the writ is effective,
you must also fill out and return a Wage Exemption Calculation form with a
subsequent payment any time the initial calculation changes. Finally, you must
fill out and return a Wage Exemption Calculation form with the final payment
that you make under the writ.
     Normal wage exemption. The wage
exemption calculation is based on the amount of the payment you make under the
writ of garnishment. The normal wage exemption in Line 4 is 75 percent of the
employeeÂ’s disposable wages in Line 3.
     Minimum wage exemption. The minimum
exemption in Line 5 is also based on the amount of the payment you are making.
The minimum exemption is designed to ensure that an employee receives at least
a certain minimum amount in any one-week period. If the payment is for a
one-week period (without regard to whether the period is a calendar week or any
other seven-day period), the minimum exemption is $196. The minimum exemption
is $392 if the payment is for a two-week period. If the payment is for one-half
of one month (i.e., the Debtor is paid twice each month), the minimum exemption
is $420. The minimum exemption for a monthly payment is $840.
     If the payment you are making is based on
some period of time other than one week, two weeks, half month or month, and
the payment is for more than one week, you must calculate the minimum exemption
by multiplying $196 by the number of weeks covered by the paycheck, including
any fraction of a week. You should round the amount calculated to the nearest
dollar.
Example 1: You pay Debtor A every 10 days. Each 10-day
period is equal to 1.429 weeks (10 divided by 7). The minimum exemption is $280
($196 ´ 1.429 rounded to the nearest dollar).
     You must use this same calculation
for computing the minimum exemption when making a payment for less than a full
pay period (e.g., for the final payment at the end of the 90-day period covered
by the writ).
Example 2: You pay Debtor A on a monthly basis. You are
required to make a final payment under a writ of garnishment for the wages
owing to Debtor A for the period beginning October 1 and ending October 15.
This period is equal to 2.143 weeks (15 divided by 7). The minimum exemption is
$420 ($196 ´ 2.143 rounded to the nearest dollar).
     The amount of time actually worked by the
Debtor during the period covered by the paycheck does not affect the
calculation of the minimum exemption.
Example 3: You pay Debtor A on a weekly basis. Debtor A
works two days per week. The minimum exemption is $196 for each weekly payment
you make for Debtor A.
     If the payment you are making is based on
a period of time less than one week, the minimum wage exemption may not exceed
$196 for any one-week period.
     If you receive more than one writ of
garnishment. If you receive more than one writ of garnishment for the same
debtor, the writs have priority based on the date on which you receive them. If
the full amount of wages subject to garnishment for a given pay period is paid
on the first writ, you should not make any payment on subsequently received
writs until the first writ expires. In some cases, it may be necessary to make
payments on two or more writs for the same pay period.
Example 4. You have received two writs of garnishment
for Debtor A. You pay Debtor A on a monthly basis. The first writ expires on
October 16. The second writ will not expire until November 15. You will need to
prepare two wage exemption calculation forms for Debtor AÂ’s October wages and
make payments under both writs. The wage exemption calculation form for the
first writ will be for the wages attributable to October 1 to October 15 as
described in Example 2. The wage exemption calculation form for the second writ
will be for all wages for the month of October, but the amounts withheld under
the first writ must be subtracted on Line 8 to determine the October wages
subject to garnishment under the second writ.
______________________________________________________________________________
     18.842
Release of garnishment form.
A release of garnishment must be in substantially the following form:
______________________________________________________________________________
________ COURT
COUNTY OF ________
______Â Â Â Â Â Â Â Â Â Â Â )
Plaintiff,         )          RELEASE
OF
                      )          GARNISHMENT
          vs.       )
                      )          Case No. _____
                      )
______Â Â Â Â Â Â Â Â Â Â Â )
Defendant.     )
TO: _______________(Garnishee).
     A writ of garnishment was delivered to you
by the Garnishor named below on the ___ day of _____, 2__. The following money
or other property that is subject to the writ is hereby released:
     __ All
money and property of the Debtor held by you.
     __ The
following money or property of the Debtor held by you (provide details):
           ______________________
           ______________________
     The writ of garnishment has no further
force or effect with respect to the specified property.
Dated _____, 2__
_______________
Name of Garnishor
_______________
Signature
_______________
Address
______________________________________________________________________________
[2001 c.249 §63a]
     18.845
Notice of exemptions form; instructions for challenge to garnishment. A notice of exemptions form must be in
substantially the form set forth in this section. Nothing in the notice form
described in this section is intended to expand or restrict the law relating to
exempt property. A determination as to whether property is exempt from
execution, attachment and garnishment must be made by reference to other law.
The form provided in this section may be modified to provide more information
or to update the notice based on subsequent changes in exemption laws.
______________________________________________________________________________
NOTICE OF EXEMPT PROPERTY
AND INSTRUCTIONS FOR
CHALLENGE TO GARNISHMENT
Property belonging
to you may have been taken or held in order to satisfy a debt. The debt may be
reflected in a judgment or in a warrant or order issued by a state agency.
Important legal papers are enclosed.
     YOU MAY BE ABLE TO GET YOUR PROPERTY BACK,
SO READ THIS NOTICE CAREFULLY.
     State and federal law specify that certain
property may not be taken. Some of the property that you may be able to get
back is listed below.
     (1) Wages or a salary as described in ORS
18.375 and 18.385. Whichever of the following amounts is greater:
     (a) 75 percent of your take-home wages; or
     (b) $183 per workweek.
     (2) Social Security benefits.
     (3) Supplemental Security Income (SSI).
     (4) Public assistance (welfare).
     (5) Unemployment benefits.
     (6) Disability benefits (other than SSI
benefits).
     (7) Workers’ compensation benefits.
     (8) Exempt wages, Social Security benefits
(other than SSI), welfare, unemployment benefits and disability benefits when
placed in a checking or savings account (up to $7,500).
     (9) Spousal support, child support or
separate maintenance to the extent reasonably necessary for your support or the
support of any of your dependents.
     (10) A homestead (house, manufactured
dwelling or floating home) occupied by you, or occupied by your spouse, parent
or child. The value of the homestead is exempt up to the following amounts:
     (a) For a manufactured dwelling or
floating home located on land that is not owned by you, $20,000. If you jointly
own the manufactured dwelling or floating home with another person who is also
liable on the debt, $27,000.
     (b) For a manufactured dwelling or
floating home located on land that is owned by you, $23,000. If you jointly own
the manufactured dwelling or floating home with another person who is also liable
on the debt, $30,000.
     (c) For any other homestead, $30,000. If
you jointly own the homestead with another person who is also liable on the
debt, $39,600.
     (11) Proceeds from the sale of a homestead
described in item 10, up to the limits described in item 10, if you hold the
proceeds for less than one year and intend to use those proceeds to procure
another homestead.
     (12) Household goods, furniture, radios, a
television set and utensils with a combined value not to exceed $3,000.
     *(13) An automobile, truck, trailer or
other vehicle with a value not to exceed $2,150.
     *(14) Tools, implements, apparatus, team,
harness or library that are necessary to carry on your occupation, with a
combined value not to exceed $3,000.
     *(15) Books, pictures and musical instruments
with a combined value not to exceed $600.
     *(16) Wearing apparel, jewelry and other
personal items with a combined value not to exceed $1,800.
     (17) Domestic animals and poultry for
family use with a combined value not to exceed $1,000 and their food for 60
days.
     (18) Provisions and fuel for your family
for 60 days.
     (19) One rifle or shotgun and one pistol.
The combined value of all firearms claimed as exempt may not exceed $1,000.
     (20) Public or private pensions.
     (21) Veterans’ benefits and loans.
     (22) Medical assistance benefits.
     (23) Health insurance proceeds and
disability proceeds of life insurance policies.
     (24) Cash surrender value of life
insurance policies not payable to your estate.
     (25) Federal annuities.
     (26) Other annuities to $250 per month
(excess over $250 per month is subject to the same exemption as wages).
     (27) Professionally prescribed health aids
for you or any of your dependents.
     *(28) Elderly rental assistance allowed
pursuant to ORS 310.635.
     (29) Your right to receive, or property
traceable to:
     (a) An award under any crime victim
reparation law.
     (b) A payment or payments, not exceeding a
total of $10,000, on account of personal bodily injury suffered by you or an
individual of whom you are a dependent.
     (c) A payment in compensation of loss of
future earnings of you or an individual of whom you are or were a dependent, to
the extent reasonably necessary for your support and the support of any of your
dependents.
     (30) Amounts paid to you as an earned
income tax credit under federal tax law.
     *(31) Interest in personal property to the
value of $400, but this cannot be used to increase the amount of any other
exemption.
     (32) Equitable interests in property.
     (33) Security deposits or prepaid rent
held by a residential landlord under ORS 90.300.
     (34) If the amount shown as owing on the
Debt Calculation form exceeds the amount you actually owe to the creditor, the
difference between the amount owed and the amount shown on the Debt Calculation
form.
     Note:
If two or more people in your household owe the claim or judgment, each of them
may claim the exemptions marked by an asterisk (*).
______________________________________________________________________________
     SPECIAL RULES APPLY FOR DEBTS THAT ARE
OWED FOR CHILD SUPPORT AND SPOUSAL SUPPORT. Some property that may not
otherwise be taken for payment against the debt may be taken to pay for overdue
support. For instance, Social Security benefits, workersÂ’ compensation
benefits, unemployment benefits, veteransÂ’ benefits and pensions are normally
exempt, but only 75 percent of a lump sum payment of these benefits is exempt
if the debt is owed for a support obligation.
     YOU MUST ACT PROMPTLY IF YOU WANT TO GET
YOUR MONEY OR PROPERTY BACK. You may seek to reclaim your exempt property by
doing the following:
     (1) Fill out the Challenge to Garnishment
form that you received with this notice.
     (2) Mail or deliver the Challenge to
Garnishment form to the court administrator at the address shown on the writ of
garnishment, and mail or deliver a copy of the form to the Garnishor at the
address shown on the writ of garnishment. If you wish to claim wages or salary
as exempt, you must mail or deliver the form within 120 days after you receive
this notice. If you wish to claim that any other money or property is exempt,
or claim that the property is not subject to garnishment, you must mail or
deliver the form within 30 days after you receive this notice. You have the
burden of showing that your challenge is made on time, so you should keep
records showing when the challenge was mailed or delivered.
     (3) The law only requires that the
Garnishor hold the garnished money or property for 10 days before applying it
to the CreditorÂ’s use. You may be able to keep the property from being used by
the Creditor by promptly following (1) and (2) above.
     You should be prepared to explain your
exemption in court. If you have any questions about the garnishment or the
debt, you should see an attorney.
     YOU MAY USE THE CHALLENGE TO GARNISHMENT
FORM ONLY FOR THE FOLLOWING PURPOSES:
     (1) To claim such exemptions from
garnishment as are permitted by law.
     (2) To assert that property is not
garnishable property under ORS 18.618.
     (3) To assert that the amount specified in
the writ of garnishment as being subject to garnishment is greater than the
total amount owed.
     YOU MAY NOT USE THE CHALLENGE TO
GARNISHMENT FORM TO CHALLENGE THE VALIDITY OF THE DEBT.
     IF YOU FILE A CHALLENGE TO A GARNISHMENT
IN BAD FAITH, YOU MAY BE SUBJECT TO PENALTIES IMPOSED BY THE COURT THAT COULD
INCLUDE A FINE. Penalties that you could be subject to are listed in ORS
18.715.
     When you file a Challenge to Garnishment
form, the Garnishee may be required to make all payments under the garnishment
to the court, and the Garnishor may be required to pay to the court all amounts
received by the Garnishor that are subject to the challenge to the garnishment.
The Garnishee and Garnishor are subject to penalties if they do not. For a
complete explanation of their responsibilities, see ORS 18.705 and 18.708.
______________________________________________________________________________
[2001 c.249 §64;
2001 c.538 §2a; 2003 c.79 §2; 2003 c.85 §21; 2003 c.576 §77; 2005 c.391 §2;
2005 c.456 §6; 2005 c.568 §25b; 2007 c.71 §6; 2007 c.496 §11]
     Note: The amendments to 18.845 by section 16,
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 userÂ’s
convenience.
     18.845. A notice of exemptions form must be in
substantially the form set forth in this section. Nothing in the notice form
described in this section is intended to expand or restrict the law relating to
exempt property. A determination as to whether property is exempt from
execution, attachment and garnishment must be made by reference to other law.
The form provided in this section may be modified to provide more information
or to update the notice based on subsequent changes in exemption laws.
______________________________________________________________________________
NOTICE OF EXEMPT PROPERTY
AND INSTRUCTIONS FOR
CHALLENGE TO GARNISHMENT
Property belonging
to you may have been taken or held in order to satisfy a debt. The debt may be
reflected in a judgment or in a warrant or order issued by a state agency.
Important legal papers are enclosed.
     YOU MAY BE ABLE TO GET YOUR PROPERTY BACK,
SO READ THIS NOTICE CAREFULLY.
     State and federal law specify that certain
property may not be taken. Some of the property that you may be able to get
back is listed below.
     (1) Wages or a salary as described in ORS
18.375 and 18.385. Whichever of the following amounts is greater:
     (a) 75 percent of your take-home wages; or
     (b) $196 per workweek.
     (2) Social Security benefits.
     (3) Supplemental Security Income (SSI).
     (4) Public assistance (welfare).
     (5) Unemployment benefits.
     (6) Disability benefits (other than SSI
benefits).
     (7) Workers’ compensation benefits.
     (8) Exempt wages, Social Security benefits
(other than SSI), welfare, unemployment benefits and disability benefits when
placed in a checking or savings account (up to $7,500).
     (9) Spousal support, child support or
separate maintenance to the extent reasonably necessary for your support or the
support of any of your dependents.
     (10) A homestead (house, manufactured
dwelling or floating home) occupied by you, or occupied by your spouse, parent
or child. The value of the homestead is exempt up to the following amounts:
     (a) For a manufactured dwelling or
floating home located on land that is not owned by you, $20,000. If you jointly
own the manufactured dwelling or floating home with another person who is also
liable on the debt, $27,000.
     (b) For a manufactured dwelling or
floating home located on land that is owned by you, $23,000. If you jointly own
the manufactured dwelling or floating home with another person who is also
liable on the debt, $30,000.
     (c) For any other homestead, $30,000. If
you jointly own the homestead with another person who is also liable on the
debt, $39,600.
     (11) Proceeds from the sale of a homestead
described in item 10, up to the limits described in item 10, if you hold the proceeds
for less than one year and intend to use those proceeds to procure another
homestead.
     (12) Household goods, furniture, radios, a
television set and utensils with a combined value not to exceed $3,000.
     *(13) An automobile, truck, trailer or
other vehicle with a value not to exceed $2,150.
     *(14) Tools, implements, apparatus, team,
harness or library that are necessary to carry on your occupation, with a
combined value not to exceed $3,000.
     *(15) Books, pictures and musical
instruments with a combined value not to exceed $600.
     *(16) Wearing apparel, jewelry and other
personal items with a combined value not to exceed $1,800.
     (17) Domestic animals and poultry for
family use with a combined value not to exceed $1,000 and their food for 60
days.
     (18) Provisions and fuel for your family
for 60 days.
     (19) One rifle or shotgun and one pistol.
The combined value of all firearms claimed as exempt may not exceed $1,000.
     (20) Public or private pensions.
     (21) Veterans’ benefits and loans.
     (22) Medical assistance benefits.
     (23) Health insurance proceeds and
disability proceeds of life insurance policies.
     (24) Cash surrender value of life
insurance policies not payable to your estate.
     (25) Federal annuities.
     (26) Other annuities to $250 per month
(excess over $250 per month is subject to the same exemption as wages).
     (27) Professionally prescribed health aids
for you or any of your dependents.
     *(28) Elderly rental assistance allowed
pursuant to ORS 310.635.
     (29) Your right to receive, or property
traceable to:
     (a) An award under any crime victim
reparation law.
     (b) A payment or payments, not exceeding a
total of $10,000, on account of personal bodily injury suffered by you or an
individual of whom you are a dependent.
     (c) A payment in compensation of loss of
future earnings of you or an individual of whom you are or were a dependent, to
the extent reasonably necessary for your support and the support of any of your
dependents.
     (30) Amounts paid to you as an earned
income tax credit under federal tax law.
     *(31) Interest in personal property to the
value of $400, but this cannot be used to increase the amount of any other
exemption.
     (32) Equitable interests in property.
     (33) Security deposits or prepaid rent
held by a residential landlord under ORS 90.300.
     (34) If the amount shown as owing on the
Debt Calculation form exceeds the amount you actually owe to the creditor, the
difference between the amount owed and the amount shown on the Debt Calculation
form.
     Note:
If two or more people in your household owe the claim or judgment, each of them
may claim the exemptions marked by an asterisk (*).
______________________________________________________________________________
     SPECIAL RULES APPLY FOR DEBTS THAT ARE
OWED FOR CHILD SUPPORT AND SPOUSAL SUPPORT. Some property that may not
otherwise be taken for payment against the debt may be taken to pay for overdue
support. For instance, Social Security benefits, workersÂ’ compensation
benefits, unemployment benefits, veteransÂ’ benefits and pensions are normally
exempt, but only 75 percent of a lump sum payment of these benefits is exempt
if the debt is owed for a support obligation.
     YOU MUST ACT PROMPTLY IF YOU WANT TO GET
YOUR MONEY OR PROPERTY BACK. You may seek to reclaim your exempt property by
doing the following:
     (1) Fill out the Challenge to Garnishment
form that you received with this notice.
     (2) Mail or deliver the Challenge to
Garnishment form to the court administrator at the address shown on the writ of
garnishment, and mail or deliver a copy of the form to the Garnishor at the
address shown on the writ of garnishment. If you wish to claim wages or salary
as exempt, you must mail or deliver the form within 120 days after you receive
this notice. If you wish to claim that any other money or property is exempt,
or claim that the property is not subject to garnishment, you must mail or
deliver the form within 30 days after you receive this notice. You have the
burden of showing that your challenge is made on time, so you should keep
records showing when the challenge was mailed or delivered.
     (3) The law only requires that the
Garnishor hold the garnished money or property for 10 days before applying it
to the CreditorÂ’s use. You may be able to keep the property from being used by
the Creditor by promptly following (1) and (2) above.
     You should be prepared to explain your
exemption in court. If you have any questions about the garnishment or the
debt, you should see an attorney.
     YOU MAY USE THE CHALLENGE TO GARNISHMENT
FORM ONLY FOR THE FOLLOWING PURPOSES:
     (1) To claim such exemptions from
garnishment as are permitted by law.
     (2) To assert that property is not
garnishable property under ORS 18.618.
     (3) To assert that the amount specified in
the writ of garnishment as being subject to garnishment is greater than the
total amount owed.
     YOU MAY NOT USE THE CHALLENGE TO
GARNISHMENT FORM TO CHALLENGE THE VALIDITY OF THE DEBT.
     IF YOU FILE A CHALLENGE TO A GARNISHMENT
IN BAD FAITH, YOU MAY BE SUBJECT TO PENALTIES IMPOSED BY THE COURT THAT COULD
INCLUDE A FINE. Penalties that you could be subject to are listed in ORS
18.715.
     When you file a Challenge to Garnishment
form, the Garnishee may be required to make all payments under the garnishment
to the court, and the Garnishor may be required to pay to the court all amounts
received by the Garnishor that are subject to the challenge to the garnishment.
The Garnishee and Garnishor are subject to penalties if they do not. For a
complete explanation of their responsibilities, see ORS 18.705 and 18.708.
______________________________________________________________________________
     18.850
Challenge to garnishment form.
A challenge to garnishment form must be in substantially the following form:
______________________________________________________________________________
________COURT
COUNTY OF ________
______Â Â Â Â Â Â Â Â Â Â Â ) CHALLENGE TO
Plaintiff,         ) GARNISHMENT
                      )
          vs.       ) Case No. _____
                      )
______Â Â Â Â Â Â Â Â Â Â Â )
Defendant.     )
     THIS FORM MAY BE USED BY THE DEBTOR ONLY
FOR THE FOLLOWING PURPOSES:
     (1) To claim such exemptions from
garnishment as are permitted by law.
     (2) To assert that property is not
garnishable property under ORS 18.618.
     (3) To assert that the amount specified in
the writ of garnishment as being subject to garnishment is greater than the
total amount owed.
     THIS FORM MAY BE USED BY PERSONS OTHER
THAN THE DEBTOR ONLYTO CLAIM AN INTEREST IN THE PROPERTY THAT IS
GARNISHED.
     THIS FORM MAY NOT BE USED TO
CHALLENGE THE VALIDITY OF THE DEBT.
     I/We claim that the following described
property or money is exempt from execution or is not subject to garnishment:
______________________________________________________________________________
______________________________________________________________________________
     I/We believe this property is exempt from
or not subject to garnishment because (the Notice of Exempt Property that you
received lists most types of property that you can claim as exempt from or not
subject to garnishment):
______________________________________________________________________________
______________________________________________________________________________
     I/We claim that the total amount owed is:
______________________________________________________________________________
______________________________________________________________________________
     I am a person other than the Debtor and I
have the following interest in the property:
______________________________________________________________________________
______________________________________________________________________________
Name______Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Name
______
Signature______Â Â Â Â Â Â Â Â Â Â Â Â Â Â Signature
______
Address______Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Address
______
____________Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â ____________
Telephone                         Telephone
Number______Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Number
______
(Required)Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â (Required)
TO BE
COMPLETED BY GARNISHOR:
Name of
Garnishor    ____________
Address of
Garnishor ____________
___________________________
Name of
Garnishee    ____________
Address of
Garnishee ____________
___________________________
______________________________________________________________________________
[2001 c.249 §65;
2003 c.85 §22]
NOTICES OF
GARNISHMENT
     18.854
Notices of garnishment generally. (1) Any state agency authorized to issue warrants to collect taxes and
debts owed to the State of Oregon, including but not limited to warrants issued
pursuant to ORS 179.655, 184.644, 267.385, 293.250, 314.430, 316.207, 320.080,
321.570, 323.390, 411.703, 657.396, 657.642, 657.646, 705.175 and 825.504, or
any county tax collector authorized to issue warrants to collect taxes and
debts owed to the county pursuant to ORS 311.625, may garnish property of a
debtor in the possession, control or custody of a person other than the debtor
by delivering to the person all of the following:
     (a) A notice of garnishment;
     (b) A warrant, or a true copy of a
warrant;
     (c) The items specified in ORS 18.650
(1)(b) to (d); and
     (d) Any garnishee’s search fee payable as
provided in ORS 18.790.
     (2) A notice of garnishment may be issued
by any person designated by the state agency or by the county tax collector. A
warrant need not be recorded in the County Clerk Lien Record as a condition of
issuing a notice of garnishment under the provisions of this section. The
provisions of ORS 18.800 do not apply to a notice of garnishment.
     (3) If any of the items described in
subsection (1) of this section are not delivered to the garnishee, a notice of
garnishment shall not be effective to garnish any property of the debtor, and
the garnishee shall not be required to respond to the garnishment and may
proceed to deal with any property of the debtor as though the notice of
garnishment had not been issued.
     (4) Notwithstanding ORS 18.652, a notice
of garnishment and the other items required by subsection (1) of this section
may be delivered in person by any employee of the state agency or of the county
tax collector authorized by the agency or the county to deliver the notice of
garnishment, or by certified mail, return receipt requested. The employee need
not be covered by the errors and omissions insurance required in ORS 18.652.
     (5) Notwithstanding any provision of ORS
18.600 to 18.850, a debt calculation form need not be prepared or delivered for
any notice of garnishment.
     (6) Notwithstanding ORS 18.792, the duty
of a garnishee to deliver any property of the debtor that may be contained in a
safe deposit box that is in the garnisheeÂ’s possession, control or custody at
the time of delivery of the notice of garnishment to the garnishee is
conditioned upon the state agency or the county tax collector first paying to
the garnishee, in addition to the search fee provided for in ORS 18.790, all
reasonable costs incurred by the garnishee in gaining entry to the safe deposit
box. The costs shall be paid to the garnishee by the state agency or the county
tax collector at least five days before the date the state agency or the county
tax collector takes possession of the property in the safe deposit box. If the
state agency or the county tax collector fails to pay such costs to the
garnishee within 20 days after the delivery of the garnishee response, the
garnishment shall not be effective to garnish any property of the debtor that
may be contained in the safe deposit box and the garnishee may proceed to deal
with the safe deposit box and its contents as though the notice of garnishment
had not been issued. Nothing in this subsection limits the rights of a state
agency or county tax collector to reach the contents of any safe deposit box in
any manner otherwise provided by law.
     (7) Except as provided in this section and
ORS 18.855 and 18.857, all provisions of ORS 18.600 to 18.850 apply to notices
of garnishment. The state agency or county tax collector shall modify the forms
provided in ORS 18.600 to 18.850 as necessary to allow use of those forms for
notices of garnishment. The form of the notice of garnishment must clearly
indicate that the document is a notice of garnishment and must reflect the date
of all warrants on which the notice of garnishment is based.
     (8) The Attorney General may adopt model
forms for notices of garnishment and other documents issued by state agencies
and county tax collectors under this section and ORS 18.855 and 18.857. There
is a presumption, as described in ORS 40.120, that any state agency or county
tax collector that uses a model form adopted by the Attorney General under this
subsection has complied with the requirements of ORS 18.600 to 18.850, and with
the provisions of this section and ORS 18.855 and 18.857, with respect to the
form of notices of garnishment. [Formerly 18.900; 2007 c.27 §3]
     Note: 18.854 to 18.857 were enacted into law by
the Legislative Assembly but were 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.
     18.855
Notices of garnishment issued by state agencies. (1) Notwithstanding ORS 18.607, a notice of
garnishment issued by a state agency need not contain the name of a court whose
authority is invoked.
     (2) State agencies shall make such
modifications as are necessary in the wage exemption calculation form provided
by ORS 18.840 if a notice of garnishment is issued for a debt due for a state
tax that is subject to the provisions of ORS 18.385 (6).
     (3) Notwithstanding ORS 18.625, but
subject to ORS 18.618 (2), a notice of garnishment issued by a state agency
acts to garnish all wages earned by the debtor by reason of services to the
garnishee until the full amount of the debt is paid or until the notice of
garnishment is released by the state agency or by court order. A notice of
garnishment issued by a state agency must contain language reasonably designed
to notify the garnishee of the provisions of this subsection.
     (4) Notwithstanding ORS 18.690, a
garnishee who receives a notice of garnishment issued by a state agency need
not deliver a copy of the garnishee response to the clerk of the court, but
must deliver the original of the response to the state agency.
     (5) Notwithstanding ORS 18.700, a
challenge to a notice of garnishment issued by a state agency must be delivered
in person or by first class mail to the state agency within the time specified
by ORS 18.700 (2). Within 14 days after receiving the challenge, the state
agency must either concede the challenge or give the person making the
challenge opportunity for hearing. If the person making the challenge requests
a hearing, the agency shall immediately refer the challenge to the Office of
Administrative Hearings established under ORS 183.605. The hearing shall be
conducted as soon as possible. Notwithstanding ORS 183.315, the hearing shall
be conducted as a contested case hearing. An issue that was decided in a
previous hearing, or for which the debtor was previously afforded an
opportunity for hearing, may not be reconsidered.
     (6) If a state agency is issuing a notice
of garnishment for collection of a state tax, and the state agency has reason
to believe that the debtor intends to leave the state or do any other act that
would jeopardize collection of the tax, the state agency may issue a special
notice of garnishment. Any earnings, as defined in ORS 18.375, garnished under
a special notice of garnishment are not subject to a claim of exemption under
ORS 18.385. A special notice of garnishment issued under this subsection
garnishes only that property of the debtor that is in the garnisheeÂ’s
possession, control or custody at the time the special notice is delivered,
including debts not yet due, and all wages owed by the garnishee to the debtor
at the time the special notice is delivered. A special notice of garnishment
does not act to garnish wages earned by the debtor by reason of services
rendered to the garnishee after the delivery of the special notice of
garnishment.
     (7) A special notice of garnishment issued
under subsection (6) of this section shall contain a statement indicating that
it is a special notice of garnishment under subsection (6) of this section and
a statement reflecting the provisions of subsection (6) of this section.
Notwithstanding ORS 18.854 (1), a wage exemption calculation form shall not be
delivered to the garnishee with a special notice of garnishment. [Formerly
18.902; 2007 c.496 §4]
     Note: See note under 18.618.
     Note: See note under 18.854.
     18.857
Notice of garnishment issued by county tax collector. (1) A notice of garnishment issued by a
county tax collector must name the circuit court for the county that employs
the tax collector as the court whose authority is invoked.
     (2) At least 15 days before any county tax
collector issues a notice of garnishment, the tax collector must mail to the
debtor by certified mail, return receipt requested, at the debtorÂ’s last-known
address, a notification of all amounts owing to the county, a statement that
further collection enforcement actions may be taken by the county to collect
those amounts, and a statement that those enforcement actions may include
seizing any real property owned by the debtor, imposing a lien against any real
property owned by the debtor, or garnishing bank accounts, wages and other
property owned by the debtor. Only one such notification shall be required and
any number of garnishments may be issued after the notification is mailed.
     (3) Notwithstanding ORS 18.615, a notice
of garnishment issued by a county tax collector acts to garnish only that
property of the debtor that is in the garnisheeÂ’s possession, control or custody
at the time the notice is delivered, including debts not yet due, and all wages
owed by the garnishee to the debtor at the time the notice is delivered. A
notice of garnishment issued by a county tax collector does not act to garnish
wages earned by the debtor by reason of services rendered to the garnishee
after the delivery of the notice of garnishment.
     (4) Notwithstanding ORS 18.690, a
garnishee who receives a notice of garnishment issued by a county tax collector
need not deliver a copy of the garnishee response to the clerk of the court,
but must deliver the original of the response to the county tax collector.
     (5) Notwithstanding ORS 18.700, a debtor
who wishes to make a challenge to a notice of garnishment issued by a county
tax collector must deliver the challenge in person or by first class mail to
the county tax collector within the time specified by ORS 18.700 (2).
     (6) Within 14 days after receipt of a
challenge to a garnishment under subsection (5) of this section, the county tax
collector must either:
     (a) Release all property claimed as exempt
from or not subject to garnishment under the challenge to the garnishment; or
     (b) File with the clerk of the court a
response to the challenge, attaching copies of the notice of garnishment and the
garnishee response, and any supporting documentation necessary or helpful to
the court in making its determination on the challenge to the garnishment. [Formerly
18.905]
     Note: See note under 18.854.
WRITS OF EXECUTION
(Function and Form
of Writ)
     18.860
Function of writ. (1) A writ
of execution may direct a sheriff to:
     (a) Levy on and sell real property of the
judgment debtor and deliver the proceeds to the court for application against
amounts owing on a money award.
     (b) Levy on and sell personal property of
the judgment debtor in the possession of the judgment debtor, and deliver the
proceeds to the court for application against amounts owing on a money award.
     (c) Levy on and deliver possession of
specific real or personal property pursuant to the terms of the judgment.
     (d) Levy on and sell specific real or
personal property pursuant to the terms of the judgment.
     (e) Levy on currency that is in the
possession of the judgment debtor and deliver the currency to the court for
application against amounts owing on a money award.
     (2) A single writ of execution may be
issued for two or more of the purposes specified in this section.
     (3) A single writ of execution may be
issued for two or more judgments as long as the judgments are against the same
judgment debtor or debtors and are entered in the same case. [2005 c.542 §1;
2007 c.166 §2]
     18.862
Form of writ. (1) A writ of
execution must be directed to a sheriff and must contain the name of the court,
the names of the parties to the action and the case number for the action. The
writ must contain a mailing address for the judgment creditor. The writ must
describe the judgment and, if the writ of execution is issued for application
of property of the judgment debtor against a money award, the writ must state
the amount owing on the money award when the writ is issued.
     (2) If the judgment requires that specific
real or personal property of the judgment debtor be sold, the writ must
particularly describe the property and direct the sheriff to sell the specified
property.
     (3) If the judgment requires the delivery
of the possession of real or personal property, the writ must direct the
sheriff to deliver the possession of the property. The writ must particularly
describe the property and specify the party to whom the property is to be
delivered. [2005 c.542 §2]
(Issuance of Writ)
     18.865
Court administrator to issue writ. (1) Except as otherwise provided by law, upon request of a judgment
creditor or other prevailing party under a judgment, a court administrator
shall issue a writ of execution for any judgment that includes a money award or
that requires the delivery or sale of specific real or personal property.
Except as provided by ORS 18.255 and 18.867, writs of execution may be issued
only by the court administrator for the court in which the judgment was
entered.
     (2) A court administrator may rely on the
information provided by the person seeking issuance of a writ of execution and
is not liable for any errors or omissions in that information. [2005 c.542 §3]
     18.867
Issuance of writs for certain judgments awarding child support. (1) If support enforcement services are
being provided under ORS 25.080, the administrator as defined in ORS 25.010 may
issue a writ of execution for the support award portion of the judgment for
which support enforcement services are being provided. A copy of the writ of
execution must be filed with the circuit court of the county in which the
judgment was entered or recorded. A writ of execution issued under this section
must be executed by the sheriff in the same manner as a writ issued by the
court administrator.
     (2) The Department of Justice shall adopt
an appropriate form for writs of execution under this section. The form must be
substantially as set forth for writs of execution described in ORS 18.862. [Formerly
18.472]
     18.868
Sheriff to whom writ is issued.
(1) If a writ of execution directs a sheriff to sell real property or tangible
personal property of a judgment debtor and deliver the proceeds to the court
for application against amounts owing on a money award, the writ may be issued
to the sheriff of any county in this state where property of the judgment
debtor to be levied on is located.
     (2) If the writ of execution directs the
sheriff to sell or deliver possession of specific real or tangible personal
property, the writ must be issued to the sheriff of the county where the
property is located.
     (3) If the writ of execution directs the
sheriff to sell intangible personal property and deliver the proceeds to the
court for application against amounts owing on a money award, the court
administrator shall issue the writ to the sheriff for the county in which the
court sits.
     (4) More than one writ of execution may be
issued at the same time to different sheriffs for the enforcement of a single
judgment. If the writ or the instructions to the sheriff direct the sale of a
single, contiguous parcel of real property that is located in more than one
county, and the judgment creditor has recorded copies of the writ or abstracts
of the writ under ORS 18.870 in each county that contains part of the property,
the sheriff for any county in which part of the property is located may levy on
and sell the entire property. If the sheriff levies on property under this
subsection, the sheriff must record a copy of the notice of levy in the County
Clerk Lien Record for any county not served by the sheriff. [2005 c.542 §4;
2007 c.166 §6]
     18.870
Recording of writ. Upon
delivery of a writ of execution to the sheriff of any county, the judgment
creditor must record a copy of the writ certified to be true by the court
administrator or an abstract of the writ in the County Clerk Lien Record for
the county if the writ of execution or the accompanying instructions to the
sheriff require the sale of real property. A legal description of the real
property must be included in, or attached to, the copy of the writ or the
abstract. The recording of the writ or abstract in any county in which a
judgment lien does not exist under ORS 18.150 or 18.152, or in a county in
which a notice of pendency under ORS 93.740 has not been previously recorded
for the property to be sold, has the same effect as recording a notice of
pendency under ORS 93.740. [2005 c.542 §5]
(Return on Writ)
     18.872
Return on writ of execution.
(1) The sheriff shall make a return on the writ of execution to the court
administrator within 60 days after the sheriff receives the writ. The person
that requested issuance of the writ may authorize the sheriff to continue
execution under the writ and delay making a return on the writ to a date not
later than 150 days after the sheriff receives the writ as long as the
execution sale occurs no later than 150 days after the sheriff receives the
writ. The final date for return on the writ may be extended as provided in ORS
18.932 and 18.938. For good cause shown, the court that issued the writ may
extend the time for a return on the writ beyond the time provided by this
subsection.
     (2) The return on a writ of execution must
reflect whether the sheriff levied on any property pursuant to the terms of the
writ. If the sheriff did levy on property pursuant to the terms of the writ,
the return must reflect the disposition made of the property by the sheriff. If
any property was sold, the sheriff shall deliver the net proceeds of the sale
to the court administrator with the return as required by ORS 18.950. If
currency was levied on, the sheriff shall deliver the currency to the court
administrator with the return.
     (3) The return on a writ of execution must
reflect the amount of costs of sale claimed by the judgment creditor under ORS
18.950 (2). The judgment creditor must provide the sheriff with a statement of
the costs claimed on or before the date of the execution sale.
     (4) The sheriff shall mail a copy of the
return by first class mail to the judgment debtor and to the judgment creditor.
[2005 c.542 §6]
(Instructions to
Sheriff)
     18.875
Instructions to sheriff. (1)
The judgment creditor shall provide instructions to the sheriff with a writ of
execution. The instructions must be signed by the judgment creditor or the
judgment creditorÂ’s attorney. The instructions may be delivered to the sheriff
after the writ is delivered to the sheriff. The instructions must include:
     (a) The names and addresses of the
judgment creditor and all debtors to whom notice must be given under ORS
18.888;
     (b) The names and addresses of any other
persons to whom notice must be given under ORS 18.918;
     (c) A description of any personal property
to be levied on;
     (d) A street address or other description
of the place where any tangible personal property may be found;
     (e) A legal description for any real
property or interest in real property to be levied on;
     (f) A statement indicating whether any
property to be levied on is residential property as defined by ORS 18.901;
     (g) A statement indicating whether any
condominium unit, manufactured dwelling or floating home to be levied on is
inventory held for sale or lease in the regular course of business; and
     (h) A statement identifying any portion of
the property to be levied on that is intangible personal property, and any
special instructions required to implement an order entered pursuant to ORS
18.884.
     (2) If instructions to the sheriff direct
the sale of tangible personal property, the judgment creditor may request in
the instructions that the property not be seized by the sheriff and that the
property be secured in the manner provided by ORS 18.880. The instructions may
request that the property be rendered temporarily inoperable, and the manner in
which the property should be rendered inoperable.
     (3) If a judgment creditor seeks sale of
real property under a writ of execution and the real property has a street
address, the instructions to the sheriff must include the street address of the
real property to be sold. If the real property is residential property that is
subject to ORS 18.904, a copy of the court order authorizing the sale, or a
copy of the judgment directing sale or foreclosure of the property, must be
attached to the instructions.
     (4) If a judgment creditor seeks sale of
real property under a writ of execution, the instructions to the sheriff must
direct the sheriff to include the following notice in conspicuous language in
the notice of sale required by ORS 18.924:
______________________________________________________________________________
     Before bidding at the sale a prospective
bidder should independently investigate:
     (a) The priority of the lien or interest
of the judgment creditor;
     (b) Land use laws and regulations
applicable to the property;
     (c) Approved uses for the property;
     (d) Limits on farming or forest practices
on the property;
     (e) Rights of neighboring property owners;
and
     (f) Environmental laws and regulations
that affect the property.
______________________________________________________________________________
     (5) In addition to the instructions
required by this section, a sheriff may require that a judgment creditor
provide all other instructions as may be necessary to allow the sheriff to levy
on and to sell or deliver property pursuant to a writ of execution. [2005 c.542
§7; 2007 c.580 §1]
     Note: Section 4 (1), chapter 580, Oregon Laws
2007, provides:
     Sec.
4. (1) The amendments to ORS
18.875 by section 1 of this 2007 Act apply only to writs of execution issued on
or after the effective date of this 2007 Act [January 1, 2008]. [2007 c.580 §4(1)]
(Levy)
     18.878
Manner of levying on property.
(1) Upon receipt of a writ of execution, the sheriff shall indorse upon the
writ of execution the time when the sheriff received the writ. The sheriff
shall then levy on property pursuant to the writ of execution and the
instructions provided to the sheriff under ORS 18.875 by doing all of the
following:
     (a) Filing a notice of levy with the court
if real property is to be sold under the writ, or if residential property as
described in ORS 18.901 (2), (3) or (4) is to be sold under the writ.
     (b) Seizing any tangible personal property
that the sheriff has not been instructed to secure in the manner provided by
ORS 18.880.
     (c) Securing any tangible personal
property in the manner provided by ORS 18.880 if the sheriff has been
instructed to secure the property in that manner.
     (d) Filing a notice of levy with the court
in the manner provided by ORS 18.884 if the sheriff has been instructed to sell
intangible personal property.
     (e) Securing and delivering possession of
property if the writ requires that property be delivered under the writ.
     (2) When a sheriff levies on personal
property in any manner described in subsection (1) of this section, the
interest of the judgment creditor in the personal property is the same as that
of a secured creditor with an interest in the property perfected under ORS
chapter 79. [2005 c.542 §8; 2007 c.166 §12]
     18.880
Alternative procedure for levying on tangible personal property. (1) If a sheriff is instructed to secure
tangible personal property under this section, the sheriff shall leave the
property in the custody of the judgment debtor.
     (2) The sheriff shall attach a notice to
the property in substantially the following form:
______________________________________________________________________________
     NOTICE: This property is to be sold by the
sheriff pursuant to a writ of execution. Any person who moves this property
from this place without authorization from the sheriff, who damages this
property or who uses property that the sheriff has rendered inoperable without
authorization from the sheriff, commits a crime and is subject to prosecution.
If you have any questions, you should contact the Sheriff of _____ County.
[ ] If this box
has been checked, the sheriff has rendered the property inoperable and the
property may not be used by any person without the authorization of the
sheriff.
______________________________________________________________________________
     (3) A sheriff is not liable to the
judgment creditor, to the judgment debtor or to any other person for any loss
or damage to property that is secured in the manner provided by this section. [2005
c.542 §9]
     18.882
Criminal penalty for moving, using or damaging secured property. A judgment debtor or other person commits a
Class A misdemeanor if the person knows that a notice has been attached to
property secured under ORS 18.880 and the person:
     (1) Moves the property without
authorization from the sheriff;
     (2) Damages the property; or
     (3) If the sheriff has rendered the
property inoperable, uses the property without authorization from the sheriff. [2005
c.542 §10]
     18.884
Levying on intangible personal property. (1) A sheriff shall file a notice of levy on intangible property with
the court upon receiving the instructions directing the sale of intangible
personal property unless the sheriff is provided with an order entered under
subsection (3) of this section. The notice shall identify the nature of the
property to be sold.
     (2) A judgment creditor may seek an ex
parte order from the court for the purpose of determining whether property to
be levied on is tangible or intangible.
     (3) A judgment creditor may seek an ex
parte order from the court directing the manner in which intangible personal
property may be secured by the sheriff. The court shall approve the order if
the proposed manner of securing the property is reasonable under the circumstances.
The judgment creditor must attach a copy of the order to instructions provided
to the sheriff under ORS 18.875. The sheriff shall file a notice of levy with
the court upon securing the property in the manner directed by the order. [2005
c.542 §11; 2007 c.166 §14]
     18.886
CreditorÂ’s bond. (1) Before
levying on personal property a sheriff may require that the judgment creditor
file with the sheriff a good and sufficient bond or irrevocable letter of
credit indemnifying the sheriff against any loss to the sheriff by reason of
levying on or selling the property if:
     (a) The sheriff has identified a specific
person other than the judgment debtor who claims an interest in the property to
be levied on; or
     (b) The property is perishable.
     (2) If a sheriff has reasonable doubt as
to the ownership of personal property, or if any encumbrances are asserted
against the property, the sheriff may require a bond or irrevocable letter of
credit as described in subsection (1) of this section before levying on the property
unless:
     (a) The judgment creditor delivers to the
sheriff a copy of a title document or report for the property issued by a state
or federal agency that shows that the judgment debtor is the sole owner of the
property; or
     (b) If there is no title document for the
property to be levied on, the judgment creditor delivers to the sheriff a
record, prepared under ORS 79.0523 (4) by a filing office described in ORS
79.0501, showing that no financing statement or lien, or certificate or notice
affecting a lien, is in effect for the property to be levied on.
     (3) The sheriff may not require a bond or
irrevocable letter of credit under this section if the writ of execution
directs the sale or delivery of specific personal property pursuant to the
terms of the judgment.
     (4) A bond or irrevocable letter of credit
under this section must be for double the amount of the value of the property
to be levied on, as estimated by the sheriff. [2005 c.542 §12; 2007 c.166 §18]
     18.887
Forcible entry for purpose of levying on personal property. (1) A sheriff may forcibly enter a structure
or other enclosure for the purpose of levying on personal property only
pursuant to an order issued by the court under this section.
     (2) A judgment creditor may at any time
file an ex parte motion requesting a court order directed to a sheriff that
authorizes the sheriff to use force to enter a structure or other enclosure for
the purpose of levying on personal property pursuant to a writ of execution.
Except as provided in ORS 18.255, the motion must be filed with the court in
which the judgment was entered. The motion must identify the specific structure
or other enclosure to be entered and must contain a declaration under penalty
of perjury made in the manner described by ORCP 1 E that reflects facts
supporting the judgment creditorÂ’s good faith belief that personal property
subject to a writ of execution is located within the structure or other
enclosure.
     (3) An order issued under this section
shall direct the sheriff to use all force reasonably necessary to enter the
structure or other enclosure and levy on personal property pursuant to a writ
of execution.
     (4) A judgment creditor may deliver a copy
of an order issued under this section to a sheriff with a writ of execution, or
at any time after a writ of execution is delivered to a sheriff. A sheriff may
rely on the copy of the order in entering a structure or other enclosure for
the purpose of levying on personal property pursuant to a writ of execution. [2007
c.166 §11]
     18.888
Notice of levy. (1) After
levying on property, a sheriff shall mail or deliver a copy of the writ of
execution to each judgment debtor. If the writ is issued pursuant to an in rem
judgment against personal property, the sheriff shall mail or deliver a copy of
the writ to the person from whom the property was seized. If the writ is issued
pursuant to an in rem judgment against real property, the sheriff shall mail or
deliver a copy of the writ to the occupants of the property. The sheriff shall
mail the copy of the writ to the addresses included in the instructions to the
sheriff. If the judgment debtor has not provided an address for a person, the
sheriff need not mail a copy of the writ to the person.
     (2) If the sheriff has levied on
intangible property, in addition to the copy of the writ required under
subsection (1) of this section, the sheriff shall mail or deliver to the
persons described in subsection (1) of this section a copy of the notice of
levy filed with the court pursuant to ORS 18.878 (1)(d).
     (3) Unless the writ directs the sheriff to
sell or deliver specific real or personal property pursuant to the terms of the
judgment, in addition to the copy of the writ required under subsection (1) of
this section the sheriff shall mail or deliver to each judgment debtor:
     (a) A copy of the notice of levy or a
statement of the date and time of the levy; and
     (b) A challenge to execution form as
provided by ORS 18.896. [2005 c.542 §13; 2007 c.166 §13]
     18.890
DebtorÂ’s bond. If a sheriff
is instructed by a judgment creditor to levy on tangible personal property by
seizing the property for later sale or by securing the property under ORS
18.880 for later sale, the sheriff may permit the judgment debtor to retain
custody and use of all or part of the property until the sale is made if the
judgment debtor files with the sheriff a good and sufficient bond or
irrevocable letter of credit indemnifying the sheriff against any loss to the
sheriff by reason of failure of the judgment debtor to deliver the property at the
time and place of sale. The bond or irrevocable letter of credit must be in an
amount equal to twice the value of the property, as estimated by the sheriff. A
sheriff is not discharged from liability to the judgment creditor for property
by reason of the filing of a bond or letter of credit under this section. [2005
c.542 §14]
(Challenge to Writ
of Execution)
     18.892
Challenge to writ of execution.
(1) Except as provided in subsection (2) of this section, a judgment debtor may
use a challenge to execution form only:
     (a) To claim such exemptions under a writ
of execution as are permitted by law; and
     (b) To assert that the amount specified in
the writ of execution as being subject to execution is greater than the amount
owed by the judgment debtor under the money award.
     (2) A judgment debtor may not use a
challenge to execution form to challenge execution on residential property of
the debtor as defined by ORS 18.901 if the judgment creditor has obtained an
order under ORS 18.904 authorizing the sale or if the judgment directs the sale
or delivery of specific property.
     (3) Any person other than a judgment
debtor who has an interest in any property levied on by a sheriff may assert
that interest by delivering a challenge to execution in the manner provided by
subsection (4) of this section.
     (4) A person may make a challenge to a
writ of execution by completing the challenge to execution form provided in ORS
18.896, or a substantially similar form, and by delivering, in person or by
first class mail, the original of the completed form to the court administrator
for the court identified in the writ of execution and a copy of the challenge
to the judgment creditor. Upon receiving a copy of the challenge, the judgment
creditor shall promptly notify the sheriff of the challenge.
     (5) A challenge to execution must be
delivered in the manner provided by subsection (4) of this section within 30
days after the property is levied on as described in ORS 18.878 or before the
property is sold on execution, whichever occurs first. [Formerly 18.505; 2007
c.166 §8]
     18.894
Notice of challenge to execution. Without unreasonable delay, a court administrator who has received a
challenge to execution under ORS 18.892 shall provide written notice of the
challenge to all sheriffs for counties to which writs of execution have been
issued and no return made, and to the person that requested issuance of the
writ. The notice may include the notice of hearing required by ORS 18.898. [Formerly
18.508]
     18.896
Challenge to execution form.
(1) The challenge to execution form described in this section does not expand
or restrict the law relating to exempt property. A determination as to whether
property is exempt from attachment or execution must be made by reference to
other law. The form provided in this section may be modified to provide more
information or to update the notice based on subsequent changes in exemption
laws.
     (2) A challenge to execution form must be
in substantially the following form:
______________________________________________________________________________
________ COURT
COUNTY OF ________
______Â Â Â Â Â Â Â Â Â Â Â )Â Â Â Â Â Â Â Â Â Â CHALLENGE
TO
Plaintiff,         )          EXECUTION
                      )
          vs.       )          Case
No. _____
                      )
______Â Â Â Â Â Â Â Â Â Â Â )
Defendant.     )
     THIS FORM MAY BE USED BY THE DEBTOR ONLY
FOR THE FOLLOWING PURPOSES:
     (1) To claim such exemptions from
execution as are permitted by law.
     (2) To assert that the amount specified in
the writ of execution as being subject to execution is greater than the total
amount owed.
     THIS FORM MAY BE USED BY PERSONS OTHER
THAN THE DEBTOR ONLYTO CLAIM AN INTEREST IN THE PROPERTY THAT IS TO BE
SOLD ON EXECUTION.
     THIS FORM MAY NOT BE USED TO
CHALLENGE THE VALIDITY OF THE DEBT.
     I/We claim that the following described
property or money is exempt from execution:
______________________________________________________________________________
______________________________________________________________________________
     I/We believe this property is exempt from
execution because (the Notice of Exempt Property at the end of this form
describes most types of property that you can claim as exempt from execution):
______________________________________________________________________________
______________________________________________________________________________
     I am a person other than the Debtor and I
have the following interest in the property:
______________________________________________________________________________
______________________________________________________________________________
Name________Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Name ________
Signature______Â Â Â Â Â Â Â Â Â Â Â Â Â Â Signature
______
Address______Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Address
______
____________Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â ____________
Telephone                         Telephone
Number______Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Number
______
(Required)Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â (Required)
YOU MUST ACT
PROMPTLY IF YOU WANT TO GET YOUR MONEY OR PROPERTY BACK. You may seek to
reclaim your exempt property by doing the following:
     (1) Fill out the Challenge to Execution
form that you received with this notice.
     (2) Mail or deliver the Challenge to
Execution form to the court administrator at the address shown on the writ of
execution.
     (3) Mail or deliver a copy of the
Challenge to Execution form to the judgment creditor at the address shown on
the writ of execution.
     You should be prepared to explain your
exemption in court. If you have any questions about the execution or the debt,
you should see an attorney.
     YOU MAY USE THE CHALLENGE TO EXECUTION
FORM ONLY FOR THE FOLLOWING PURPOSES:
     (1) To claim such exemptions from
execution as are permitted by law.
     (2) To assert that the amount specified in
the writ of execution as being subject to execution is greater than the total
amount owed.
     YOU MAY NOT USE THE CHALLENGE TO
EXECUTION FORM TO CHALLENGE THE VALIDITY OF THE DEBT.
     IF YOU CLAIM AN EXEMPTION IN BAD FAITH,
YOU MAY BE SUBJECT TO PENALTIES IMPOSED BY THE COURT THAT COULD INCLUDE A FINE.
Penalties that you could be subject to are listed in ORS 18.899.
NOTICE OF EXEMPT PROPERTY
     Property belonging to you may have been
taken or held in order to satisfy a debt. The debt may be reflected in a
judgment or in a warrant or order issued by a state agency. Important legal
papers are enclosed.
     YOU MAY BE ABLE TO GET YOUR PROPERTY BACK,
SO READ THIS NOTICE CAREFULLY.
     State and federal law specify that certain
property may not be taken. Some of the property that you may be able to get
back is listed below.
     (1) Wages or a salary as described in ORS
18.375 and 18.385. Whichever of the following amounts is greater:
     (a) 75 percent of your take-home wages; or
     (b) $183 per workweek.
     (2) Social Security benefits.
     (3) Supplemental Security Income (SSI).
     (4) Public assistance (welfare).
     (5) Unemployment benefits.
     (6) Disability benefits (other than SSI
benefits).
     (7) Workers’ compensation benefits.
     (8) Exempt wages, Social Security benefits
(other than SSI), welfare, unemployment benefits and disability benefits when
placed in a checking or savings account (up to $7,500).
     (9) Spousal support, child support or
separate maintenance to the extent reasonably necessary for your support or the
support of any of your dependents.
     (10) A homestead (house, manufactured
dwelling or floating home) occupied by you, or occupied by your spouse, parent
or child. The value of the homestead is exempt up to the following amounts:
     (a) For a manufactured dwelling or
floating home located on land that is not owned by you, $20,000. If you jointly
own the manufactured dwelling or floating home with another person who is also
liable on the debt, $27,000.
     (b) For a manufactured dwelling or
floating home located on land that is owned by you, $23,000. If you jointly own
the manufactured dwelling or floating home with another person who is also
liable on the debt, $30,000.
     (c) For any other homestead, $30,000. If
you jointly own the homestead with another person who is also liable on the
debt, $39,600.
     (11) Proceeds from the sale of a homestead
described in item 10, up to the limits described in item 10, if you hold the
proceeds for less than one year and intend to use those proceeds to procure
another homestead.
     (12) Household goods, furniture, radios, a
television set and utensils with a combined value not to exceed $3,000.
     *(13) An automobile, truck, trailer or
other vehicle with a value not to exceed $2,150.
     *(14) Tools, implements, apparatus, team,
harness or library that are necessary to carry on your occupation, with a combined
value not to exceed $3,000.
     *(15) Books, pictures and musical
instruments with a combined value not to exceed $600.
     *(16) Wearing apparel, jewelry and other
personal items with a combined value not to exceed $1,800.
     (17) Domestic animals and poultry for
family use with a combined value not to exceed $1,000 and their food for 60
days.
     (18) Provisions and fuel for your family
for 60 days.
     (19) One rifle or shotgun and one pistol.
The combined value of all firearms claimed as exempt may not exceed $1,000.
     (20) Public or private pensions.
     (21) Veterans’ benefits and loans.
     (22) Medical assistance benefits.
     (23) Health insurance proceeds and
disability proceeds of life insurance policies.
     (24) Cash surrender value of life
insurance policies not payable to your estate.
     (25) Federal annuities.
     (26) Other annuities to $250 per month
(excess over $250 per month is subject to the same exemption as wages).
     (27) Professionally prescribed health aids
for you or any of your dependents.
     *(28) Elderly rental assistance allowed
pursuant to ORS 310.635.
     *(29) Your right to receive, or property
traceable to:
     *(a) An award under any crime victim
reparation law.
     *(b) A payment or payments, not exceeding
a total of $10,000, on account of personal bodily injury suffered by you or an
individual of whom you are a dependent.
     *(c) A payment in compensation of loss of
future earnings of you or an individual of whom you are or were a dependent, to
the extent reasonably necessary for your support and the support of any of your
dependents.
     (30) Amounts paid to you as an earned
income tax credit under federal tax law.
     (31) Interest in personal property to the
value of $400, but this cannot be used to increase the amount of any other
exemption.
     (32) Equitable interests in property.
     Note: If two or more people in your
household owe the claim or judgment, each of them may claim the exemptions
marked by an asterisk (*).
______________________________________________________________________________
     SPECIAL RULES APPLY FOR DEBTS THAT ARE
OWED FOR CHILD SUPPORT AND SPOUSAL SUPPORT. Some property that may not
otherwise be taken for payment against the debt may be taken to pay for overdue
support. For instance, Social Security benefits, workersÂ’ compensation
benefits, unemployment benefits, veteransÂ’ benefits and pensions are normally
exempt, but only 75 percent of a lump sum payment of these benefits is exempt
if the debt is owed for a support obligation.
______________________________________________________________________________
[Formerly 18.512;
2007 c.71 §7; 2007 c.166 §9; 2007 c.496 §12]
     Note: The amendments to 18.896 by section 17,
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 userÂ’s
convenience.
     18.896. (1) The challenge to execution form
described in this section does not expand or restrict the law relating to
exempt property. A determination as to whether property is exempt from
attachment or execution must be made by reference to other law. The form
provided in this section may be modified to provide more information or to
update the notice based on subsequent changes in exemption laws.
     (2) A challenge to execution form must be
in substantially the following form:
______________________________________________________________________________
________ COURT
COUNTY OF ________
______Â Â Â Â Â Â Â Â Â Â Â )Â Â Â Â Â Â Â Â Â Â CHALLENGE
TO
Plaintiff,         )          EXECUTION
                      )
          vs.       )          Case
No. _____
           )
______Â Â Â Â Â Â Â Â Â Â Â )
Defendant.     )
     THIS FORM MAY BE USED BY THE DEBTOR ONLY
FOR THE FOLLOWING PURPOSES:
     (1) To claim such exemptions from
execution as are permitted by law.
     (2) To assert that the amount specified in
the writ of execution as being subject to execution is greater than the total
amount owed.
     THIS FORM MAY BE USED BY PERSONS OTHER
THAN THE DEBTOR ONLYTO CLAIM AN INTEREST IN THE PROPERTY THAT IS TO BE
SOLD ON EXECUTION.
     THIS FORM MAY NOT BE USED TO
CHALLENGE THE VALIDITY OF THE DEBT.
     I/We claim that the following described
property or money is exempt from execution:
______________________________________________________________________________
______________________________________________________________________________
     I/We believe this property is exempt from
execution because (the Notice of Exempt Property at the end of this form
describes most types of property that you can claim as exempt from execution):
______________________________________________________________________________
______________________________________________________________________________
     I am a person other than the Debtor and I
have the following interest in the property:
______________________________________________________________________________
______________________________________________________________________________
Name________Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Name ________
Signature______Â Â Â Â Â Â Â Â Â Â Â Â Â Â Signature
______
Address______Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Address
______
____________Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â ____________
Telephone                         Telephone
Number______Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Number
______
(Required)Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â (Required)
YOU MUST ACT
PROMPTLY IF YOU WANT TO GET YOUR MONEY OR PROPERTY BACK. You may seek to
reclaim your exempt property by doing the following:
     (1) Fill out the Challenge to Execution
form that you received with this notice.
     (2) Mail or deliver the Challenge to
Execution form to the court administrator at the address shown on the writ of
execution.
     (3) Mail or deliver a copy of the
Challenge to Execution form to the judgment creditor at the address shown on
the writ of execution.
     You should be prepared to explain your
exemption in court. If you have any questions about the execution or the debt,
you should see an attorney.
     YOU MAY USE THE CHALLENGE TO EXECUTION
FORM ONLY FOR THE FOLLOWING PURPOSES:
     (1) To claim such exemptions from
execution as are permitted by law.
     (2) To assert that the amount specified in
the writ of execution as being subject to execution is greater than the total
amount owed.
     YOU MAY NOT USE THE CHALLENGE TO
EXECUTION FORM TO CHALLENGE THE VALIDITY OF THE DEBT.
     IF YOU CLAIM AN EXEMPTION IN BAD FAITH,
YOU MAY BE SUBJECT TO PENALTIES IMPOSED BY THE COURT THAT COULD INCLUDE A FINE.
Penalties that you could be subject to are listed in ORS 18.899.
NOTICE OF EXEMPT PROPERTY
     Property belonging to you may have been
taken or held in order to satisfy a debt. The debt may be reflected in a
judgment or in a warrant or order issued by a state agency. Important legal
papers are enclosed.
     YOU MAY BE ABLE TO GET YOUR PROPERTY BACK,
SO READ THIS NOTICE CAREFULLY.
     State and federal law specify that certain
property may not be taken. Some of the property that you may be able to get
back is listed below.
     (1) Wages or a salary as described in ORS
18.375 and 18.385. Whichever of the following amounts is greater:
     (a) 75 percent of your take-home wages; or
     (b) $196 per workweek.
     (2) Social Security benefits.
     (3) Supplemental Security Income (SSI).
     (4) Public assistance (welfare).
     (5) Unemployment benefits.
     (6) Disability benefits (other than SSI
benefits).
     (7) Workers’ compensation benefits.
     (8) Exempt wages, Social Security benefits
(other than SSI), welfare, unemployment benefits and disability benefits when
placed in a checking or savings account (up to $7,500).
     (9) Spousal support, child support or
separate maintenance to the extent reasonably necessary for your support or the
support of any of your dependents.
     (10) A homestead (house, manufactured
dwelling or floating home) occupied by you, or occupied by your spouse, parent
or child. The value of the homestead is exempt up to the following amounts:
     (a) For a manufactured dwelling or
floating home located on land that is not owned by you, $20,000. If you jointly
own the manufactured dwelling or floating home with another person who is also
liable on the debt, $27,000.
     (b) For a manufactured dwelling or
floating home located on land that is owned by you, $23,000. If you jointly own
the manufactured dwelling or floating home with another person who is also
liable on the debt, $30,000.
     (c) For any other homestead, $30,000. If
you jointly own the homestead with another person who is also liable on the
debt, $39,600.
     (11) Proceeds from the sale of a homestead
described in item 10, up to the limits described in item 10, if you hold the
proceeds for less than one year and intend to use those proceeds to procure
another homestead.
     (12) Household goods, furniture, radios, a
television set and utensils with a combined value not to exceed $3,000.
     *(13) An automobile, truck, trailer or
other vehicle with a value not to exceed $2,150.
     *(14) Tools, implements, apparatus, team,
harness or library that are necessary to carry on your occupation, with a
combined value not to exceed $3,000.
     *(15) Books, pictures and musical instruments
with a combined value not to exceed $600.
     *(16) Wearing apparel, jewelry and other
personal items with a combined value not to exceed $1,800.
     (17) Domestic animals and poultry for
family use with a combined value not to exceed $1,000 and their food for 60
days.
     (18) Provisions and fuel for your family
for 60 days.
     (19) One rifle or shotgun and one pistol.
The combined value of all firearms claimed as exempt may not exceed $1,000.
     (20) Public or private pensions.
     (21) Veterans’ benefits and loans.
     (22) Medical assistance benefits.
     (23) Health insurance proceeds and
disability proceeds of life insurance policies.
     (24) Cash surrender value of life
insurance policies not payable to your estate.
     (25) Federal annuities.
     (26) Other annuities to $250 per month
(excess over $250 per month is subject to the same exemption as wages).
     (27) Professionally prescribed health aids
for you or any of your dependents.
     *(28) Elderly rental assistance allowed
pursuant to ORS 310.635.
     *(29) Your right to receive, or property
traceable to:
     *(a) An award under any crime victim
reparation law.
     *(b) A payment or payments, not exceeding
a total of $10,000, on account of personal bodily injury suffered by you or an
individual of whom you are a dependent.
     *(c) A payment in compensation of loss of
future earnings of you or an individual of whom you are or were a dependent, to
the extent reasonably necessary for your support and the support of any of your
dependents.
     (30) Amounts paid to you as an earned
income tax credit under federal tax law.
     (31) Interest in personal property to the
value of $400, but this cannot be used to increase the amount of any other
exemption.
     (32) Equitable interests in property.
     Note: If two or more people in your
household owe the claim or judgment, each of them may claim the exemptions
marked by an asterisk (*).
______________________________________________________________________________
     SPECIAL RULES APPLY FOR DEBTS THAT ARE
OWED FOR CHILD SUPPORT AND SPOUSAL SUPPORT. Some property that may not
otherwise be taken for payment against the debt may be taken to pay for overdue
support. For instance, Social Security benefits, workersÂ’ compensation
benefits, unemployment benefits, veteransÂ’ benefits and pensions are normally
exempt, but only 75 percent of a lump sum payment of these benefits is exempt
if the debt is owed for a support obligation.
______________________________________________________________________________
     18.898
Hearing on challenge to execution. (1) A challenge to execution shall be adjudicated in a summary manner
at a hearing before the court with authority over the writ of execution. Upon
receipt of a challenge to execution, the court administrator shall immediately
set a hearing date and send notice of the hearing to the judgment debtor and
the judgment creditor. The hearing shall be held as soon as possible. The
sheriff may not sell any property that is described in the challenge to
execution until the court has issued a decision on the challenge, and the time
for making a return on the writ is suspended until the decision is made or the
sale completed, whichever is later. The sheriff shall not delay sale if the
judgment debtor has filed the challenge to execution in violation of ORS 18.892
(2).
     (2) Hearings on a challenge to execution
may be held by telecommunication devices.
     (3) The judgment debtor has the burden to
prove timely delivery of a challenge to execution under ORS 18.892. [Formerly
18.515]
     18.899
Sanctions. A court may
impose sanctions against any person who files a challenge to execution in bad
faith. The sanctions a court may impose under this section are a penalty of not
more than $100 and responsibility for attorney fees under ORS 20.105. [Formerly
18.518]
     18.900 [2001 c.249 §81; 2003 c.85 §23; 2003 c.578 §3;
2003 c.663 §3; 2005 c.336 §3; renumbered 18.854 in 2005]
EXECUTION
(Residential
Property)
     18.901
Definition of residential property. For the purposes of this section and ORS 18.904, 18.906, 18.908 and
18.912, “residential property” means any of the following property:
     (1) Real property on which no more than
four units designed to be used as dwellings are located.
     (2) A condominium unit that is designed to
be used as a dwelling and that is not being held as inventory for sale or lease
in the regular course of business.
     (3) A manufactured dwelling as defined by
ORS 446.003 that is not being held as inventory for sale or lease in the
regular course of business.
     (4) A floating home as defined in ORS
830.700 that is not being held as inventory for sale or lease in the regular
course of business. [2005 c.542 §15]
     18.902 [2001 c.249 §§82,82a; 2002 s.s.3 c.7 §2;
2003 c.75 §22; renumbered 18.855 in 2005]
     18.904
Order required for sale of residential property; exceptions. (1) If the judgment debtor is a natural
person, residential property may be sold under a writ of execution only after
the entry of a court order authorizing the sale.
     (2) This section does not apply to writs
of execution that direct the sheriff to sell specific property pursuant to the
terms of the judgment.
     (3) This section does not apply to a writ
of execution issued to enforce a judgment foreclosing:
     (a) A construction lien for work, labor or
material done or furnished exclusively for the improvement of the property to
be sold;
     (b) A lawfully executed purchase money
lien against the property to be sold; or
     (c) A lawfully executed mortgage or trust
deed on the property to be sold. [2005 c.542 §16]
     18.905 [2001 c.249 §83; renumbered 18.857 in 2005]
     18.906
Motion for order authorizing sale of residential property. (1) A judgment creditor may file a motion
with a court requesting an order authorizing the sheriff to sell residential
property. The motion must be filed with a court that has authority to issue a
writ of execution for the judgment. The motion must include a statement that
does all of the following:
     (a) Indicates the amount of the money
award or money awards, as reflected in the judgment or judgments.
     (b) Indicates the amount owing on the
money award or money awards on the date the motion is filed.
     (c) Indicates whether any of the money
awards arise out of an order or judgment for child support as described in ORS
18.398.
     (d) Identifies the residential property to
be sold.
     (e) Indicates whether the property is a
homestead. If the property is a homestead, the motion must allege facts showing
that the homestead may be sold on execution.
     (2) A motion under this section must be
accompanied by an affidavit disclosing the basis of the allegations contained in
the motion. If the judgment creditor relies on more than one judgment to
support the order, the motion must be accompanied by copies of all other
judgments on which the judgment creditor relies.
     (3) A court shall promptly schedule a
hearing on a motion filed under this section. In setting the hearing the court
shall allow adequate time to allow service on the judgment debtor under ORS
18.908. [2005 c.542 §17]
     18.908
Notice of motion for order authorizing sale of residential property. (1) At least 10 days before the hearing on a
motion filed under ORS 18.906, the judgment creditor must:
     (a) Serve the judgment debtor in the
manner provided by ORCP 7 with a copy of the motion and the supporting
affidavit, and with a notice of the time and place of the hearing; and
     (b) Send a copy of the motion and the
notice by first class mail to the property at the mailing address for the
property.
     (2) The notice required by subsection (1)
of this section must be in substantially the following form:
______________________________________________________________________________
NOTICE OF
     This is to notify you that _____ has asked
the court to order the sheriff to sell property located at _________ to satisfy
a judgment against_____.
     Before deciding whether to order the sale,
the court will hold a hearing on _____, 2___, at ______ a.m./p.m., in
Room _____, ______.
     The law provides that property is your
homestead if the property is actually used as a home by you, your spouse, a
dependent parent or a dependent child. If you are temporarily absent from the
property but intend to move back in, the property is still your homestead.
     The law provides that if the property is
your homestead, then $_____ of its value ($_____for a manufactured dwelling if
you do not own the property where the dwelling is located) may not be taken to
satisfy a judgment against you. In addition, a homestead usually may not be
sold to satisfy a judgment for $3,000 or less.
     The law provides that property may be sold
despite the fact that it is your homestead and all of its value may be taken to
satisfy a judgment against you if the judgment is for child support.
     IF YOU WISH TO PROTECT THIS PROPERTY FROM
A SHERIFFÂ’S
     IF YOU HAVE ANY QUESTIONS, YOU SHOULD SEE
A LAWYER AT ONCE.
     If you do not own this property, please
give this notice and the papers served with it to the owner.
______________________________________________________________________________
[2005 c.542 §18]
     18.910 [Formerly 29.367; 2003 c.576 §572a; 2005
c.542 §67; 2005 c.702 §95; renumbered 18.999 in 2005]
     18.912
Hearing on motion for order authorizing sale of residential property. (1) Whether or not the judgment debtor
appears at the hearing, the court shall inquire as to the facts alleged in a
motion filed under ORS 18.906 and make a summary determination on the motion.
     (2) The court shall authorize sale of the
property pursuant to a motion filed under ORS 18.906 unless the court finds:
     (a) That the property is the homestead of
the judgment debtor;
     (b) That the judgment is subject to the
homestead exemption; and
     (c) That the amount of the judgment or
judgments was $3,000 or less at the time of entry of the judgment or judgments
as described in ORS 18.395 (7) and 18.428 (9).
     (3) If the court authorizes the sale of
residential property, the order must state whether the homestead exemption
applies to the property. If the homestead exemption does apply to the property,
the order must state the allowed amount of the exemption.
     (4) If the court authorizes the sale of
residential property, the judgment creditor may recover the costs of service of
the motion and notice under ORS 18.908 as part of the costs of the sale. [2005
c.542 §19]
(Notice of
     18.918
Person entitled to written notice of sale. (1) A judgment creditor must list in the instructions required by ORS
18.875 the names and addresses of all persons entitled to written notice of the
execution sale. For each person listed, the list must include the address last
known to the judgment creditor. For all execution sales, the list must include:
     (a) The name of the judgment debtor; and
     (b) The name of any attorney for a
judgment debtor reflected in the judgment document.
     (2) If real property is to be sold in the
execution sale, the list prepared by the judgment creditor under this section
must include the name of each person with one of the following interests in the
real property, determined as of a date that is identified by the judgment
creditor and that is not more than 10 days before the request for issuance of
the writ of execution was filed:
     (a) Any person who has a lien of record
against the property that attached to the property after the judgment lien
attached and before the determination date identified by the judgment creditor.
     (b) Any person who has an interest in the
property that was acquired from the debtor or any successor to the debtor, and
that was recorded after the judgment lien attached and before the determination
date identified by the judgment creditor.
     (3) Subsection (2) of this section does
not apply to a writ of execution requiring the sale of specific real property
identified in a judgment of foreclosure or any other judgment directing the
sale of specific real property. If a writ of execution is issued pursuant to a
judgment in an in rem proceeding, a judgment of foreclosure or another judgment
directing the sale of the specific real property, the list prepared by the
judgment creditor under this section must contain the names and last known
addresses of the persons who were parties to the action at the time of judgment
in lieu of the names required under subsection (2) of this section.
     (4) Failure to include the name of a
person required to be listed under this section does not affect the validity of
an execution sale or in any way give that person any right to challenge the
sale of the property. By submitting the instructions to the sheriff, a judgment
creditor certifies that the list of persons reflected in the instructions
complies with this section, and the failure to include the name of any person
as required by this section is subject to sanction under ORCP 17. [2005 c.542 §20]
     18.920
Notice of sale of personal property. (1) Before conducting an execution sale of personal property, a
sheriff shall give written notice of the sale in the manner provided by this
section. The notice must identify the property to be sold and the time and
place of the sale.
     (2) Before any execution sale of personal
property, the sheriff shall:
     (a) Mail copies of the notice of sale by
first class mail and by certified mail, return receipt requested, to the
judgment debtor at the address provided in the instructions to the sheriff; and
     (b) Mail a copy of the notice of sale by first
class mail to any attorney for the judgment debtor identified in the
instructions at the address provided in the instructions to the sheriff.
     (3) The notices required by subsection (2)
of this section must be mailed not less than 10 days before an execution sale
is conducted.
     (4) The sheriff shall post a notice of the
sale in three public places in the county in which the sale is to take place.
The notice must be posted not more than 20 days before the date of sale
identified in the notice of sale and not less than 10 days before that date.
     (5) In lieu of posting notice under
subsection (4) of this section, a sheriff shall give notice of an execution
sale by Internet posting if the judgment creditor requests that posting in the
instructions given to the sheriff under ORS 18.875 and the State Court
Administrator has established a website for the purpose of giving legal notice
pursuant to ORS 18.926. Subject to ORS 18.926 (3), the notice must be posted on
the Internet not less than 10 days before the date identified in the notice of
sale and remain posted until that date. [2005 c.542 §21]
     18.922
Expedited sale of perishable personal property; expedited sale to prevent loss
of value. (1)
Notwithstanding ORS 18.920, if perishable personal property is levied on by a
sheriff:
     (a) The notices required by ORS 18.920 (2)
must be mailed by express mail not less than 48 hours before the execution sale
is conducted; and
     (b) The sheriff shall post notice of the
sale in the manner required by ORS 18.920 (4) or (5) not less than 48 hours
before the execution sale is conducted.
     (2) In lieu of conducting an expedited
sale under subsection (1) of this section, a judgment creditor or a sheriff may
seek an ex parte order from the court directing the manner of conducting an
expedited sale to prevent loss of value. An order issued under this section may
modify or eliminate any of the requirements of ORS 18.920. If an ex parte order
is entered under this subsection at the request of the judgment creditor, the
judgment creditor must provide a copy of the order to the sheriff. [2005 c.542 §22]
     18.924
Notice of sale of real property. (1) Before conducting an execution sale of real property, a sheriff
shall give written notice of the sale in the manner provided by this section.
The notice must identify the property to be sold and the time and place of the
sale.
     (2) Before any execution sale of real
property, the sheriff shall:
     (a) Mail copies of the notice of sale by
first class mail and by certified mail, return receipt requested, to the
judgment debtor at the address provided in the instructions to the sheriff;
     (b) Mail a copy of the notice of sale by
first class mail to any attorney for the judgment debtor identified in the
instructions at the address provided in the instructions; and
     (c) Mail a copy of the notice of sale by
first class mail to any other person listed in the instructions pursuant to ORS
18.918 at the address provided in the instructions.
     (3) The notices required by subsection (2)
of this section must be mailed not less than 28 days before an execution sale
is conducted.
     (4) Before any execution sale of real
property for which the judgment creditor has provided a street address under
ORS 18.875 (3), the sheriff shall post a notice of the sale in a conspicuous
place on the property. The notice must be posted not more than seven days after
the sheriff mails notices as required by subsection (2) of this section.
     (5) The sheriff shall publish a copy of
the notice of sale of real property once a week for four successive weeks in a
newspaper of general circulation in the county where the real property is
located. The sheriff may not conduct the sale until the expiration of the
four-week period.
     (6) In lieu of publication in a newspaper
under subsection (5) of this section, a sheriff shall publish a notice of sale
of real property by Internet posting if the State Court Administrator has
established a website for the purpose of giving legal notice pursuant to the
provisions of ORS 18.926 and the judgment creditor has requested that notice be
published by Internet posting in the instructions provided to the sheriff under
ORS 18.875. Subject to ORS 18.926 (3), the notice must be posted on the
Internet not less than 28 days before the date identified in the notice of sale
and remain posted until that date. [2005 c.542 §23]
     18.926
Legal notices website; posting fee. (1) Subject to the availability of funding, the State Court
Administrator may establish and maintain a website for the purpose of giving
legal notices pursuant to ORS 18.860 to 18.993.
     (2) The State Court Administrator may
establish fees for posting legal notices on a website maintained under this
section. All fees collected by the State Court Administrator under this
subsection shall be deposited in the Judicial Department Operating Account
established under ORS 1.009.
     (3) For the purpose of determining whether
a legal notice has been posted for the period of time required by law, an
interruption of service of a website maintained under this section that does
not exceed 48 hours does not affect the continuity of the posting. An
interruption of service of a website maintained under this section does not
prevent the sheriff from conducting an execution sale unless the court orders
otherwise. [2005 c.542 §24]
(Conduct of
Execution
     18.930
Conduct of sale generally; county fee. (1) The sheriff shall conduct an execution sale by public oral
auction. The sale must be conducted between 9 a.m. and 4 p.m. All property
shall be sold by the sheriff in such parcels as are likely to bring the highest
price. Any portion of real property belonging to a person other than the
judgment debtor must be sold separately if the person requests a separate sale.
     (2) At least 10 days before the date first
set for an execution sale, a judgment creditor must provide the sheriff with
any report for real property to be sold at the execution sale that is in the
possession of the judgment creditor and that shows interests of record in the
property. The sheriff shall make the report available to bidders who appear at
the sale. No civil action may be brought against a title company, the judgment
creditor, the sheriff or any other person by reason of omissions or errors in
the report, and the validity of the sale is not affected by reason of any
omissions or errors in the report.
     (3) A judgment creditor that is a public
body, as defined in ORS 174.109, may set a minimum bid amount for property to
be sold at an execution sale.
     (4) Tangible personal property to be sold
at an execution sale must be present at the place where the sale is conducted
unless the property is not in the possession of the sheriff.
     (5) The county may establish a fee to be
collected by the sheriff at the time of sale. The amount of the fee shall be
established by the governing body of the county and may not be greater than the
amount necessary to pay the county for the expenses incurred by the county for
giving notice of the sale and conducting the sale and for the anticipated
expenses for any notices required to be given after the sale and other
post-sale administration of the sale.
     (6) A person who purchases real property
that is subject to redemption at an execution sale must provide the sheriff
with an address to which a redemption notice may be sent and must notify the
sheriff of any change in address until the purchaser transfers the purchaserÂ’s
interest in the property, the property is redeemed or the time allowed for
redemption expires, whichever occurs first. Any person who thereafter acquires
the purchaserÂ’s interest in the property must notify the sheriff of the
transfer, provide the sheriff with an address to which a redemption notice may
be sent and notify the sheriff of any change in address until there is a
another transfer, the property is redeemed or the time allowed for redemption
expires, whichever occurs first. [2005 c.542 §25; 2007 c.580 §2]
     Note: Section 4 (2), chapter 580, Oregon Laws
2007, provides:
     Sec.
4. (2) The amendments to ORS
18.930 and 18.970 by sections 2 and 3 of this 2007 Act apply only to execution
sales conducted on or after the effective date of this 2007 Act [January 1,
2008]. [2007 c.580 §4(2)]
     18.932
Postponement of sale; rules.
(1) A sheriff may postpone an execution sale to a specified date if:
     (a) The sheriff is unable to conduct the
sale at the place and time specified in the notice of the sale;
     (b) The sheriff considers it appropriate
to postpone the sale for want of purchasers; or
     (c) For other sufficient cause.
     (2) A sheriff shall postpone an execution
sale to a specified date upon the request of a judgment creditor. The sheriff
may not postpone the execution sale to a date later than the final date for
return on the writ of execution under ORS 18.872.
     (3) If possible, the sheriff shall make a
public announcement of a postponement at the time and place scheduled for the
sale.
     (4) An execution sale may be postponed
more than one time under the provisions of this section. An execution sale may
not be postponed beyond the date that a return on the writ is due. If the
judgment creditor requests a postponement to a specified date, and the date is
more than 60 days after the sheriff received the writ, the request for a
postponement of the sale automatically operates as a request for an extension
of the time for a return on the writ of execution under ORS 18.872 (1), and the
return on the writ is due three business days after the date specified by the
judgment creditor for the sale.
     (5) The sheriff need not give additional
notice of sale in the manner provided by ORS 18.918, 18.920, 18.922 or 18.924
by reason of a postponement. The State Court Administrator by rule may
establish procedures for giving notice of a postponement by a posting on a
website maintained under ORS 18.926. [2005 c.542 §26]
     18.934
Amount of property to be sold; sheriff and deputies may not purchase. At an execution sale, the sheriff shall sell
only the property necessary to satisfy the judgment. A sheriff conducting an
execution sale and deputies of the sheriff may not purchase property at the
sale or acquire any interest in property by reason of the sale. [2005 c.542 §27]
     18.936
Bid by judgment creditor.
(1) A judgment creditor may make oral bids for property to be sold at an
execution sale. If the oral bid of the judgment creditor is the highest bid,
the judgment creditor need not make any payment to the sheriff other than for:
     (a) Any unpaid sheriff’s fees for the
execution sale;
     (b) The amount of an exemption claimed by
the debtor that the judgment creditor agrees to or that a court has determined
applies to the property; and
     (c) Any amount bid by the judgment
creditor that exceeds the full amount owing on the money award, calculated as
of the date that the sale is to be conducted, plus the costs of the sale as
described in ORS 18.950 (2) that have been paid by the judgment creditor.
     (2) A judgment creditor may submit a
written bid for property to be sold in an execution sale before the sale is
conducted. A bid under this subsection may not be for more than the full amount
owing on the money award, calculated as of the date that the sale is to be
conducted, plus the costs of the sale that are recoverable by the judgment
creditor as described in ORS 18.950 (2). A bid under this subsection must be
received by the sheriff not less than 48 hours before the sale is conducted.
The sheriff may rely on the judgment creditorÂ’s calculation of the amount due
under the money award and for the costs of sale, and is not required to make a
separate calculation. If the written bid of the judgment creditor is the
highest bid, the judgment creditor need not make any payment to the sheriff
other than for:
     (a) Any unpaid sheriff’s fees for the
execution sale; and
     (b) The amount of an exemption claimed by
the debtor that the judgment creditor agrees to or that a court has determined
applies to the property.
     (3) A judgment creditor may instruct the
sheriff to accept any bid that matches the amount of the bid made by the
judgment creditor under subsection (2) of this section.
     (4) A written bid under subsection (2) of
this section is irrevocable, but the judgment creditor who submits the written
bid may make an oral bid at the time of the sale that is higher than the
written bid.
     (5) A judgment creditor must notify the
sheriff of any amounts included in a bid made by the judgment creditor that are
attributable to costs of sale under ORS 18.950 (2). [2005 c.542 §28; 2007 c.166
§7]
     18.938
Manner of payment. (1)
Except as provided in this section, a sheriff shall accept as payment from a
purchaser of real property at an execution sale a cashierÂ’s check or cash.
Except as provided in this section, a sheriff shall accept any combination of
cashierÂ’s checks or cash that is adequate to pay the purchase price.
     (2) A sheriff shall accept a cashier’s
check as payment from a purchaser at an execution sale only if the cashierÂ’s
check is made payable to the sheriff and is drawn on a financial institution
that is authorized to do business under the laws of
     (3) If any part of the purchase price at
an execution sale is paid with a cashierÂ’s check, the sheriff shall give the
purchaser a receipt for the funds in lieu of a certificate of sale under ORS
18.942. The receipt must state that the purchaser is the successful bidder and
must describe the property sold.
     (4) If any part of the purchase price at
an execution sale is paid with a cashierÂ’s check, the sheriff shall deposit the
check in a financial institution not later than the end of the first business
day after the day on which the sale is conducted. The check must be deposited
in a separate account.
     (5) If the sheriff receives verification
from a financial institution within 15 days after the date of the execution
sale that all cashierÂ’s checks delivered to the sheriff for a purchase have
received final settlement, the sale is effective as of the date and hour of the
sale, and the purchaser has priority over any interest acquired in the real
property after that time. The sheriff shall thereafter:
     (a) Mail to the purchaser by first class
mail a certificate of sale as provided under ORS 18.942 for all real property
purchased; and
     (b) Deliver the net proceeds of the sale
to the court administrator or other official as provided by law.
     (6) Subject to subsection (8) of this
section, if the sheriff does not receive verification from a financial
institution within 15 days after the date of the sale that all cashierÂ’s checks
delivered to the sheriff for a purchase have received final settlement, the
sale is void and the sheriff shall return to the purchaser any cash tendered by
the purchaser and any amounts received for cashierÂ’s checks for which final
settlement was received, less any bank charges incurred for cashierÂ’s checks
and any other amount allowed by law.
     (7) If any part of the purchase price at
an execution sale is paid with a cashierÂ’s check, and the return date for the
writ that is the basis for the sale is less than 18 days after the date of the
sale, the return date is automatically extended to 18 days after the date of
the sale.
     (8) The judgment creditor may extend by a
period of not more than 60 days the time for the sheriff to receive
verification of a cashierÂ’s check provided for in subsections (5) and (6) of
this section. If the judgment creditor extends the time for the sheriff to
receive verification of a cashierÂ’s check, the return date for the writ is
automatically extended three business days after the date specified by the
judgment creditor.
     (9) A judgment creditor may elect to
pursue remedies under ORS chapter 73 by reason of the failure of a financial
institution to honor a cashierÂ’s check tendered under this section, as though
the judgment creditor had been the person to whom the check was payable.
     (10) As used in this section:
     (a) “Cashier’s check” has the meaning
given that term in ORS 73.0104.
     (b) “Financial institution” has the
meaning given that term in ORS 706.008. [2005 c.542 §29]
     18.940
Bill of sale for personal property. (1) If a sheriff sells personal property at an execution sale, upon
receipt of the purchase money the sheriff shall give a bill of sale to the
purchaser for any intangible property or other property not in the possession
of the sheriff. The sheriff shall deliver personal property in the possession
of the sheriff to the purchaser, but shall give the purchaser a bill of sale
for that property only if the purchaser requests it.
     (2) If the sheriff has secured property in
the manner provided by ORS 18.880 and the judgment debtor refuses to make the
property available to the purchaser, without further court order the sheriff
shall use all reasonable force necessary to allow the purchaser to access the
property at the place where the property was located when the sheriff secured
the property. [2005 c.542 §30]
     18.942
SheriffÂ’s certificate of sale for real property. (1) If a sheriff sells real property at an
execution sale, the sheriff shall prepare a certificate of sale containing a
particular description of the property sold, the price bid for each distinct
lot or parcel and the total amount paid. The certificate must state whether the
property is subject to redemption. Except as provided in ORS 18.938 (3), the
sheriff shall give the certificate to the purchaser.
     (2) A purchaser may record in the County
Clerk Lien Record the sheriffÂ’s certificate of sale provided to the purchaser
under the provisions of this section. [2005 c.542 §31]
     18.944
Notice of completed sale.
(1) After the execution sale of any residential property as defined in ORS
18.901 that is subject to redemption and not later than 30 days after the
purchaser is given the certificate of sale, the sheriff shall:
     (a) Securely attach to the main entrance
of any dwelling unit upon the property a written notice stating that the
property has been sold; and
     (b) Send a copy of the notice described in
paragraph (a) of this subsection by first class mail and by registered or
certified mail to the judgment debtor.
     (2) The notice required by subsection
(1)(a) of this section shall be in substantially the following form:
______________________________________________________________________________
YOUR PROPERTY HAS BEEN SOLD
     Your property located at _________ has
been sold. The property was sold on _____, 2___, to satisfy a court judgment
against you. The purchaserÂ’s name and address are _________. The purchaser paid
_____ for your property.
     You may have the right to buy back the
property from the purchaser by paying the purchaser the amount paid at the sale
plus taxes, expenses and interest. YOU WILL LOSE THE RIGHT TO BUY BACK YOUR
PROPERTY ON _____, 2___. If you do not buy back your property, the sheriff will
give a deed for your property to the purchaser on that date.
     The law on the rights of a person whose
property is sold to satisfy a court judgment is found in ORS 18.960 to 18.985.
You must follow exactly the instructions provided there.
     IF YOU HAVE ANY QUESTIONS, YOU SHOULD SEE
A LAWYER AT ONCE.
______________________________________________________________________________
     (3) The sheriff shall retain the return
receipt for a notice sent by registered or certified mail as provided in
subsection (1)(b) of this section and shall make and retain a record of the
posting of notice required by subsection (1)(a) of this section.
     (4) Failure of the sheriff to comply with
any provision of this section does not affect the validity of the sale of
residential property. However, this subsection does not limit any other right
the judgment debtor may have. [2005 c.542 §32]
     18.946
Possession after sale; right to rents or value of use. (1) Subject to subsection (2) of this
section, the purchaser of real property at an execution sale is entitled to
possession of the property from the date of sale until a redemption of the
property, if any. Subject to subsection (2) of this section, the redemptioner
of real property is entitled to possession of the property from the date the
payment required by ORS 18.966 or 18.967 is made until another redemption, if
any.
     (2) If property sold on execution or
redeemed is in the possession of a tenant who holds the property at the time of
the sale under an unexpired lease that has a priority that is inferior to the
claim of the judgment creditor, the lessee has the right to remain in
possession of the property until expiration of the period allowed for
redemption if the lessee makes the lease payments to the purchaser or
redemptioner, or pays to the purchaser or redemptioner a monthly payment equal
to the value of the use and occupancy of the property, whichever amount is
greater. [2005 c.542 §33]
     18.948
Confirmation of sale of real property. (1) A sale of real property in an execution sale is conclusively
established to have been conducted in the manner required by ORS 18.860 to
18.993 unless the judgment debtor or another person adversely affected by the
sale files an objection to the sale no later than 10 days after the filing of
the sheriffÂ’s return under ORS 18.872.
     (2) If an objection to a sale is filed,
the court shall schedule a hearing on the objection. The court shall grant an
order confirming the sale unless the person objecting to the sale establishes
that the sale was not conducted in a manner that substantially conformed with
the manner required by law, and that as a result it was probable that the
person suffered damage. An order confirming a sale under this subsection conclusively
establishes that the sale was conducted in the manner required by ORS 18.860 to
18.993. If the court sustains the objection, the court shall direct that the
property be resold. Notwithstanding any other provision of ORS 18.860 to
18.993, the court may establish timelines for the conduct of the second sale
and the return by the sheriff upon completion of the second sale.
     (3) If the court orders that real property
be resold under this section, the sheriff may not accept any bid in the second
sale that is less than the amount paid in the first sale. If no higher bid is
received in the second sale, the sheriff shall so indicate in the sheriffÂ’s
return to the court. If a higher bid is received at the second sale, upon
receipt of the proceeds the court administrator shall return to the first
purchaser the amounts paid by the purchaser. If the original purchaser makes
the highest bid in the second sale, the purchaser need pay to the sheriff only
the difference between the bid in the second sale and the amounts already paid
by the purchaser. [2005 c.542 §34]
     18.950
Delivery and distribution of proceeds. (1) After the deduction of all sheriffÂ’s fees and costs allowed by law
that have not been paid by the judgment creditor, and deduction of all other
amounts required by law, the sheriff shall deliver all net proceeds from an
execution sale to the court administrator with the sheriffÂ’s return on the
writ. The court shall enter an order of distribution for the proceeds. An order
directing distribution to the judgment creditor may be entered ex parte.
     (2) A judgment creditor is entitled to
recover from the proceeds of the sale all of the following costs of sale paid
by the judgment creditor:
     (a) Sheriff’s fees;
     (b) The cost of any title report required
to determine persons entitled to notice under ORS 18.918 (2);
     (c) The cost of any indemnity bond or
letter of credit required by ORS 18.886;
     (d) Amounts that may be recovered by the
judgment creditor under ORS 18.999;
     (e) Services fees that may be recovered as
costs under ORS 18.912; and
     (f) Recording fees incurred pursuant to
ORS 18.870.
     (3) The court shall order that the costs
specified in subsection (2) of this section be paid before application of the
remaining proceeds to satisfaction of the judgment.
     (4) If any proceeds from an execution sale
remain after the payment of costs under subsection (3) of this section and
satisfaction of the judgment, the court administrator shall pay the remaining
proceeds as directed by the court in the order of distribution. [2005 c.542 §35;
2007 c.166 §19]
     18.952
Effect of sale on judgment debtorÂ’s or mortgagorÂ’s title; effect of redemption
by judgment debtor or mortgagor. (1) The title of a judgment debtor or mortgagor to real property that
is subject to redemption under ORS 18.960 to 18.985 is not transferred by the
sale of the property at an execution sale. If a judgment debtor or mortgagor,
or a successor in interest to a judgment debtor or mortgagor, redeems property
sold at an execution sale, the right to possession of the property is restored
subject to all liens of record, whether arising before, on or after the sale,
as though the sale had never occurred.
     (2) If a judgment debtor or mortgagor, or
a successor in interest to a judgment debtor or mortgagor, redeems property
sold at an execution sale, the property may not be redeemed by any other
person. The sheriff shall provide the redemptioner with a certificate of
redemption. A certificate of redemption may be recorded in the County Clerk
Lien Record for the county in which the property is located. [2005 c.542 §36]
     18.954
Conduct of sale pursuant to court rule or terms of order or judgment. A court, by the terms of a judgment or
order, may direct that an execution sale under a specific judgment be conducted
in a manner different than the manner specified by ORS 18.860 to 18.993. The
Chief Justice of the Supreme Court may by court rule provide that execution
sales be conducted in a manner different than the manner specified by ORS
18.860 to 18.993. [2005 c.542 §37]
(Redemption)
     18.960
Definitions. As used in ORS
18.960 to 18.985:
     (1) “Certificate holder” means a person
who holds a certificate of sale issued under ORS 18.942 or who holds a
certificate of redemption issued under ORS 18.975.
     (2) “Claimant” means a person who claims
to have a right to redeem under ORS 18.960 to 18.985.
     (3) “Land sale contract” means a contract
for the transfer or conveyance of an interest in real property. “Land sale
contract” does not include earnest money agreements, preliminary sales
agreements, options or rights of first refusal.
     (4) “Redemptioner” means a person other
than a judgment debtor who has redeemed property under ORS 18.960 to 18.985.
     (5) “Redemption notice” means a notice
described under ORS 18.970. [2005 c.542 §37a]
     18.962
Property that may be redeemed.
(1) All real property sold at an execution sale may be redeemed except for a
leasehold interest with an unexpired term of less than two years.
     (2) A manufactured dwelling, as defined by
ORS 446.003, may be redeemed only if the manufactured dwelling is sold together
with the real property on which the manufactured dwelling is located.
     (3) The right of a seller to receive
payments under a land sale contract that is sold with the real property may be
redeemed.
     (4) Except as provided in ORS 18.987 (3),
a purchaser’s interest in a land sale contract may be redeemed. [2005 c.542 §38]
     18.963
Who may redeem. (1) Subject
to subsection (3) of this section, property that is described in ORS 18.962 and
that is sold at an execution sale may be redeemed by:
     (a) The judgment debtor;
     (b) A mortgagor whose interest in the
property was sold at the execution sale;
     (c) Any person with a lien against the
property that has a priority that is inferior to the claim of the judgment creditor;
or
     (d) The successor in interest of any
person described in paragraph (a), (b) or (c) of this subsection.
     (2) Subject to subsection (3) of this
section, for the purposes of ORS 18.960 to 18.985:
     (a) All references to a judgment debtor
include a mortgagor whose interest in the property that was sold at the
execution sale and any successor in interest to such a mortgagor;
     (b) All references to a judgment debtor
include a successor in interest to a judgment debtor; and
     (c) A person described in subsection
(1)(c) of this section, and any successor in interest of that person, is a lien
claimant.
     (3) Any person described in subsection (1)
of this section who conveys all of the personÂ’s interest in property sold on
execution to a successor in interest may not redeem the property. [2005 c.542 §39]
     18.964
Time for redemption. (1)
Except as otherwise provided in ORS 18.960 to 18.985, the ability of a judgment
debtor to redeem property sold at an execution sale expires unless the judgment
debtor redeems the property within 180 days after the date of sale.
     (2) Except as provided in subsection (3)
of this section, the ability of a lien claimant to redeem property sold at an
execution sale expires unless the lien claimant redeems the property within 60
days after the date of sale.
     (3) If any lien claimant redeems property
within the time provided by subsection (2) of this section, any other lien
claimant may redeem the property from the redemptioner. The subsequent
redemption must be made within 60 days after the redemption amount specified in
ORS 18.966 or 18.967 is paid to the sheriff. Other lien claimants may
thereafter redeem from a preceding redemptioner, in the same manner, as long as
each redemption is made within 60 days after the previous redemption. [2005
c.542 §40]
     18.966
Redemption amount payable to purchaser. Subject to ORS 18.968, a claimant may redeem property from the
purchaser at an execution sale by paying to the sheriff:
     (1) The amount paid by the purchaser at
the execution sale, with interest on that amount at the rate of nine percent
per annum from the date of sale;
     (2) The amount of any taxes the purchaser
has paid on the property, with interest at the rate of nine percent per annum
from the date of payment;
     (3) Any amounts necessarily expended by
the purchaser to prevent waste, with interest at the rate of nine percent per
annum from the date of payment; and
     (4) Any amounts that the purchaser has
paid on liens superior to the interest of the purchaser, with interest at the
rate of nine percent per annum from the date of payment. [2005 c.542 §41]
     18.967
Redemption amount payable to redemptioner. Subject to ORS 18.968, a claimant may redeem property from a
redemptioner by paying to the sheriff:
     (1) The amount paid by the redemptioner,
with interest on that amount at the rate of nine percent per annum from the
date of payment;
     (2) The amount owing on the lien of the
redemptioner, unless the payment is made by a lien claimant and the lien
claimant has a lien that has a priority that is superior to the lien of the
redemptioner;
     (3) The amount of any taxes the
redemptioner has paid on the property, with interest at the rate of nine
percent per annum from the date of payment;
     (4) Any amounts necessarily expended by
the redemptioner to prevent waste, with interest at the rate of nine percent
per annum from the date of payment; and
     (5) Any amounts that the redemptioner has
paid on liens superior to the lien of the redemptioner, with interest at the
rate of nine percent per annum from the date of payment. [2005 c.542 §42]
     18.968
Setoff for rents, income and profits realized by certificate holder;
certificate holderÂ’s lien for crops and amounts expended to prevent waste. (1) A judgment debtor is entitled to a
setoff against the amounts required to redeem property sold at an execution
sale for all rents, income and profits realized by the certificate holder from
the property.
     (2) If the real property sold at an
execution sale is farmland, the certificate holder has a lien on the first crops
sown or grown after the sale and for all sums reasonably expended by the
certificate holder in plowing, cultivating or seeding the property. The lien of
the certificate holder is superior to all other liens except the liens provided
by law for payment of wages for work in cultivating the land or harvesting the
crops grown on the property. If the real property is not farmland, the
certificate holder has a lien on the profits accruing from the property during
the period that the certificate holder held the land for sums necessarily
expended by the certificate holder to prevent waste. [2005 c.542 §43]
     18.970
Redemption notice. (1) A
claimant who wishes to redeem property must serve the certificate holder with a
redemption notice. The notice must specify a date and approximate time when the
claimant will make payment to the sheriff, the redemption amount calculated by
the claimant and the manner in which the redemption amount was calculated. The
notice must include a mailing address for the claimant. The date of the
redemption must be a weekday that is not a legal holiday. The time of the
redemption must be between the hours of 9 a.m. and 4 p.m. The notice must
inform the certificate holder if an accounting under ORS 18.980 is required.
     (2) If the claimant is a lien claimant,
the notice must reflect the nature of the lien claimantÂ’s interest and the
claimant shall attach to the notice copies of any documents necessary to
establish that interest. If the claimant is a successor in interest to another
person with redemption rights under ORS 18.963, the claimant shall attach to
the notice copies of any documents necessary to establish how the person
acquired the interest. If the claimant claims to have an interest with a
priority that is superior to the interest of the certificate holder, the
claimant shall attach to the notice copies of any documents necessary to
establish that priority.
     (3) A redemption notice must be served by
personal service or by first class mail. If the notice is served by first class
mail, service is effective on mailing. A copy of the notice may be filed with
the sheriff before the notice is given to the certificate holder, but must be
filed with the sheriff no later than seven days before the redemption date
specified in the notice. The notice must be served on the certificate holder
not more than 30 days before the payment date specified in the redemption
notice, and:
     (a) Not less than 14 days before the
payment date specified in the notice, if service is made by first class mail;
or
     (b) Not less than seven days before the
payment date specified in the notice, if personal service is made.
     (4) A claimant shall submit proof of
service of the notice required by this section at the time the claimant pays
the sheriff under ORS 18.975.
     (5) If a certificate holder fails to
comply with the requirements of ORS 18.930 (6) or 18.982, the certificate
holder may not object to a redemption by reason of failure to receive a
redemption notice. [2005 c.542 §44a; 2007 c.580 §3]
     Note: See note under 18.930.
     18.971
Objection to redemption notice.
(1) A certificate holder may object to a redemption notice if the certificate
holder asserts that the claimant is not eligible to redeem. An objection under
this section must be filed with the court administrator, filed with the sheriff
and mailed by first class mail to the claimant before the payment date
specified in the notice.
     (2) The filing of an objection under this
section does not affect the requirement of payment of the redemption amount
specified in the redemption notice under ORS 18.975. [2005 c.542 §44b]
     18.972
Response to redemption notice.
(1) A certificate holder shall respond to a redemption notice if:
     (a) The notice requests an accounting
under ORS 18.980; or
     (b) The certificate holder objects to the
redemption amount specified in the notice.
     (2) A response to a redemption notice must
be served by personal service or by first class mail. If the response is served
by first class mail, service is effective on mailing. A copy of the response
may be filed with the sheriff before the response is given to the claimant, but
must be filed with the sheriff before the payment date specified in the notice.
The response must be served on the claimant before the payment date specified
in the notice.
     (3) If the redemption notice requests an
accounting, the accounting must be attached to the response given under this
section.
     (4) If the certificate holder objects to
the redemption amount specified in the notice because the certificate holder
claims additional amounts are owing under ORS 18.966 or 18.967, the response
must include all information specified in ORS 18.980 (1)(a) to (d).
     (5) A response filed under this section
must include a statement of the amount claimed as the proper redemption amount
after deductions or additions by reason of any accounting provided with the
response or by reason of additional amounts claimed under subsection (4) of
this section. [2005 c.542 §44c]
     18.973
Objection to response. (1) A
claimant may object to the amount claimed in the response as the proper
redemption amount. An objection under this section must be filed with the court
administrator and mailed by first class mail to the certificate holder within
seven days after the response is served under ORS 18.972.
     (2) The filing of an objection under this
section does not affect the requirement of payment of the redemption amount
specified in the redemption notice under ORS 18.975. Payment of the amount
claimed in the response waives any objection filed under this section unless
the claimant delivers a copy of the objection to the sheriff with the payment. [2005
c.542 §44d]
     18.975
Payment of redemption amount.
(1) Except as provided in ORS 18.980 (2) and (4), unless a certificate holder
has indicated a lower redemption amount in the certificate holderÂ’s response
under ORS 18.972, a claimant shall pay the sheriff at least the redemption
amount specified in the notice on or before the payment date specified in the
redemption notice. If the claimant does not make payment as required by this
subsection, the redemption notice is of no effect.
     (2) The sheriff shall issue to the
claimant who makes payment under this section a certificate of redemption on
the payment date specified in the redemption notice unless:
     (a) Before the payment date specified in
the notice, an objection is filed with the sheriff in the manner required by
ORS 18.971;
     (b) Before the payment date specified in
the notice, a response is filed with the sheriff in the manner required by ORS
18.972, and the claimant fails to pay additional amounts claimed in the
response on the payment date specified in the notice;
     (c) An objection to a response is
delivered to the sheriff with the payment in the manner required by ORS 18.973;
or
     (d) The calculations or other documentation
provided to the sheriff appear irregular to the sheriff.
     (3) If the calculations or other
documentation provided to the sheriff appear irregular to the sheriff, and the
claimant objects to the failure of the sheriff to issue a certificate of redemption
pursuant to subsection (2)(d) of this section, the sheriff shall give written
notice to the court of the objection pursuant to ORS 18.992.
     (4) If a claimant pays the sheriff the
redemption amount specified in the redemption notice, but the sheriff does not
issue a certificate of redemption pursuant to subsection (2) of this section,
the sheriff shall give the claimant a receipt for the funds in lieu of a
certificate of redemption.
     (5) If a response is filed with the
sheriff in the manner required by ORS 18.972 before the payment date specified
in the notice, and the claimant makes payment as required by subsection (1) of
this section but fails to pay additional amounts claimed in the response, the
redemption notice is of no effect and the sheriff shall return the payment to
the claimant unless:
     (a) The claimant objects to the response
in the manner provided by ORS 18.973; or
     (b) The claimant pays additional amounts
claimed in the response, plus interest, in the manner provided by subsection
(6) of this section.
     (6) If a response is filed with the
sheriff in the manner required by ORS 18.972 before the payment date specified
in the notice, and the claimant makes payment as required by subsection (1) of
this section but fails to pay additional amounts claimed in the response, the
sheriff shall issue a certificate of redemption to the claimant dated as of the
date that the receipt was issued under subsection (4) of this section if the
claimant pays additional amounts claimed in the response, plus interest, within
seven days after the date the receipt was issued. [2005 c.542 §44e]
     18.978
Court proceedings on objections. (1) If an objection is filed under ORS 18.971 or 18.973, the sheriff
shall transmit to the court administrator copies of all records relating to the
sale that are within the sheriffÂ’s possession.
     (2) The court shall schedule a hearing on
an objection filed under ORS 18.971 or 18.973 as soon as possible.
     (3) If a certificate holder files an
objection under ORS 18.971, and the court determines that the claimant is
eligible to redeem, the court shall direct the sheriff to issue a certificate
of redemption to the claimant, dated as of the date that the receipt was issued
under ORS 18.975. If the court determines that the claimant is not eligible to
redeem, the court shall direct the sheriff to refund all amounts paid by the
claimant to the sheriff.
     (4) If an objection is filed by a claimant
under ORS 18.973, the court shall determine the proper redemption amount. If
the court determines that the proper redemption amount is greater than the
amount paid under ORS 18.975, the court shall direct the sheriff to issue a
certificate of redemption to the claimant upon payment of the additional
amounts plus interest within 10 days after entry of the courtÂ’s order, dated as
of the date that the receipt was issued under ORS 18.975. If the additional
amounts and interest are not paid within the time allowed, the redemption is
void and the sheriff shall refund to the claimant all amounts paid to the sheriff.
If the court determines that the proper redemption amount is less than the
amount paid under ORS 18.975, the court shall direct the sheriff to issue a
certificate of redemption to the claimant, dated as of the date that the
receipt was issued under ORS 18.975, and order a refund to the claimant of the
amounts determined by the court to be in excess of the proper redemption
amount.
     (5) Upon issuance of a certificate of
redemption under this section, the sheriff shall deliver to the certificate
holder the amount determined to be the proper redemption amount.
     (6) If the court determines under
subsection (4) of this section that the proper redemption amount is greater
than the amount paid under ORS 18.975, and determines that the amount specified
in the redemption notice does not represent a good faith attempt to determine
the proper redemption amount, the court shall enter judgment against the
claimant for all attorney fees incurred by the certificate holder in the
proceedings. [2005 c.542 §44f]
     18.980
Accounting. (1) A judgment
debtor may require that a certificate holder provide an accounting under this
section by including a request for an accounting in the redemption notice. If a
redemption notice includes a request for an accounting, the certificate holder
shall attach an accounting to the response given under ORS 18.972. The
accounting must reflect:
     (a) The amount of any taxes the
certificate holder has paid on the property, with interest at the rate of nine
percent per annum from the date of payment.
     (b) Any amounts necessarily expended by
the certificate holder to prevent waste, with interest at the rate of nine
percent per annum from the date of payment.
     (c) Any amounts that the certificate
holder has paid on liens superior to the lien of the certificate holder, with
interest at the rate of nine percent per annum from the date of payment.
     (d) The amount owing on the lien of the
certificate holder, if the certificate holder is a redemptioner.
     (e) The net proceeds of rents, income or
profits from the property by the certificate holder while the certificate
holder has been in possession of the property.
     (2) If a redemption notice includes a
request for an accounting and the certificate holder fails to respond as
required by ORS 18.972, the time for paying the redemption amount is
automatically extended to 30 days after the redemption date specified in the
redemption notice or until the time specified by subsection (4) of this section
if a claimant files a motion under subsection (3) of this section.
     (3) If a redemption notice includes a
request for an accounting, and the certificate holder fails to respond as
required by ORS 18.972, the claimant may file a motion with the court
requesting an order requiring the certificate holder to show cause why the
certificate holder should not be held in contempt. A motion under this
subsection must be made not more than 28 days after the redemption notice is
served on the certificate holder. The claimant must deliver a copy of the
motion to the sheriff.
     (4) If a motion is filed under subsection
(3) of this section:
     (a) The time for redemption of the
property is automatically extended to 30 days after the accounting is provided
by the certificate holder; and
     (b) The time for paying the redemption
amount is automatically extended to 30 days after the accounting is provided by
the certificate holder. [2005 c.542 §45]
     18.981
Manner of payment. (1)
Except as provided in this section, a sheriff shall accept as payment from a
claimant a cashierÂ’s check or cash. Except as provided in this section, a
sheriff shall accept any combination of cashierÂ’s checks or cash that is
adequate to pay the redemption amount.
     (2) A sheriff shall accept a cashier’s
check as payment only if the cashierÂ’s check is made payable to the sheriff and
is drawn on a financial institution that is authorized to do business under the
laws of
     (3) If any part of the redemption amount
is paid with a cashierÂ’s check, the sheriff shall deposit the check in a
financial institution not later than the end of the first business day after the
day on which the check is received. The check must be deposited in a separate
account.
     (4) If the sheriff receives verification
from a financial institution within 15 days after the date of the redemption
that all cashierÂ’s checks delivered to the sheriff for the redemption have
received final settlement, and the sheriff is required to give a certificate of
redemption under ORS 18.975, the sheriff shall mail to the claimant by first
class mail a certificate of redemption and deliver to the certificate holder
all amounts paid to the sheriff. If the sheriff is not required to give a
certificate of redemption under ORS 18.975, the sheriff shall give the person
tendering the amounts a receipt for the funds in lieu of a certificate of
redemption, and shall deliver a certificate of redemption and the amounts paid
to the sheriff only as provided in ORS 18.978 after a final decision by the
court.
     (5) If the sheriff does not receive
verification from a financial institution within 15 days after the checks are
deposited that all cashierÂ’s checks delivered to the sheriff have received
final settlement, the redemption is void and the sheriff shall return to the
claimant any cash tendered by the claimant and any amounts received for cashierÂ’s
checks for which final settlement was received, less any bank charges incurred
for cashierÂ’s checks and any other amount allowed by law.
     (6) As used in this section:
     (a) “Cashier’s check” has the meaning
given that term in ORS 73.0104.
     (b) “Financial institution” has the meaning
given that term in ORS 706.008. [2005 c.542 §46]
     18.982
Redemptioner must provide sheriff with address. A redemptioner must provide the sheriff with
an address to which a redemption notice may be sent and must notify the sheriff
of any change in address until the redemptioner transfers the redemptionerÂ’s
interest in the property, the property is redeemed or the expiration of the
time allowed for another redemption, whichever occurs first. Any person who
acquires the redemptionerÂ’s interest in the property must notify the sheriff of
the transfer, provide the sheriff with an address to which a redemption notice
may be sent, and notify the sheriff of any change in address until there is a
another transfer, the property is redeemed or the expiration of the time
allowed for another redemption, whichever occurs first. [2005 c.542 §46a]
(Waste)
     18.983
Court may restrain waste.
Upon motion of a claimant, or a certificate holder who is not in possession of
the property, the court may restrain waste of the real property sold at an
execution sale. A person in possession of the real property does not commit
waste of the property by continuing to use the property in the same manner in
which the property was used before the execution sale, by engaging in the
ordinary course of husbandry on the property or by making necessary repairs to
buildings. [2005 c.542 §47]
(SheriffÂ’s Deed)
     18.985
SheriffÂ’s deed. (1) Unless
the property is redeemed by the judgment debtor, upon request of the
certificate holder and payment of the fee required by ORS 21.410 (1)(c), the
sheriff shall execute and deliver a deed for real property sold at an execution
sale. The deed shall convey the property to the certificate holder. The deed
shall be delivered to the certificate holder as soon as possible.
     (2) Notwithstanding subsection (1) of this
section, the court may direct the sheriff to execute a deed to a certificate
holder before the expiration of the time allowed for redemption if the
certificate holder establishes that the certificate holder has acquired the
rights of all persons entitled to redeem. [2005 c.542 §48]
SPECIAL RULES FOR
SPECIFIC TYPES OF PROPERTY
     18.986
Manufactured dwellings and floating homes. (1) Except as provided in subsection (2) of this section, a
manufactured dwelling or floating home must be levied on and sold in the same
manner as provided for real property under ORS 18.860 to 18.993 if the real
property upon which the manufactured dwelling or floating home is located is to
be sold at the execution sale.
     (2) A manufactured dwelling or floating
home that is held as inventory for sale or lease in the normal course of
business must be levied on and sold in the same manner as provided for tangible
personal property under ORS 18.860 to 18.993.
     (3) If the real property upon which a
manufactured dwelling or floating home is located is not to be sold at the
execution sale, and the manufactured dwelling or floating home is not held as
inventory for sale or lease in the normal course of business, the manufactured
dwelling or floating home must be levied on and sold in the same manner as
provided for real property under ORS 18.860 to 18.993 except that:
     (a) The legal description required by ORS
18.875 (1)(e) need not be included in the instructions to the sheriff; and
     (b) The sheriff shall give the purchaser
of a manufactured dwelling or floating home a bill of sale under ORS 18.940 and
not a certificate of sale under ORS 18.942.
     (4) For the purposes of 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. [2005 c.542 §49]
     18.987
PurchaserÂ’s interest in land sale contract; leasehold interest in land with
unexpired term of more than two years. (1) Except as provided in this section, a purchaserÂ’s interest in a
land sale contract, as defined by ORS 18.960, or a leasehold interest in land
with an unexpired term of more than two years must be levied on and sold in the
same manner as provided for real property under ORS 18.860 to 18.993.
     (2) The legal description required by ORS
18.875 (1)(e) in instructions to a sheriff directing the sale of a purchaserÂ’s
interest in a land sale contract, as defined by ORS 18.960, or the sale of a
leasehold interest in land with an unexpired term of more than two years must
be of the property sold under the land sale contract, or of the real property
subject to the lease.
     (3) There is no right of redemption if a
purchaserÂ’s interest in a land sale contract, as defined by ORS 18.960, is sold
at an execution sale pursuant to a judgment enforcing the sellerÂ’s rights under
the contract and if the judgment directing the sale of the purchaserÂ’s interest
indicates that the purchaserÂ’s interest is sold without redemption rights. [2005
c.542 §50]
     18.988
SellerÂ’s right to receive payments under land sale contract. (1) Except as provided by this section, the
right of a seller to receive payments under a land sale contract, as defined by
ORS 18.960:
     (a) May not be sold pursuant to a writ of
garnishment;
     (b) May be sold only under a writ of
execution in conjunction with a sale of the sellerÂ’s interest in the real
property; and
     (c) Must be levied on and sold in the same
manner as provided for real property under ORS 18.860 to 18.993.
     (2) This section does not affect the
ability of a judgment creditor to garnish payments owed to a seller under a
land sale contract, as defined by ORS 18.960, that are due when the writ of
garnishment is delivered or within 45 days after the writ of garnishment is
delivered, as provided by ORS 18.685 (5). [2005 c.542 §51]
     18.989
Equitable interests in property. (1) Except as provided in subsection (3) of this section, an equitable
interest in property may be sold pursuant to a writ of execution only if:
     (a) An order or judgment specifically
authorizes the sale of the equitable interest; and
     (b) The writ of execution specifically
directs the sale of the equitable interest.
     (2) If a writ of execution specifically
directs the sale of the equitable interest in property, the judgment creditor
must submit a copy of the order or judgment authorizing the sale with the
instructions to the sheriff required by ORS 18.875.
     (3) If a writ of execution specifically
directs the sale of the equitable interest in real property, the equitable
interest shall be levied on and sold in the same manner as provided for real
property under ORS 18.860 to 18.993.
     (4) A purchaser’s interest in a land sale
contract, as defined by ORS 18.960, or a leasehold interest in land with an
unexpired term of more than two years, may be sold pursuant to a writ of
execution even though the sale is not specifically authorized by an order or
judgment and the writ does not specifically direct the sale of the interest. [2005
c.542 §52]
MISCELLANEOUS
     18.992
Referral of disputes to court.
If at any time a judgment debtor, judgment creditor, purchaser or lien claimant
objects to the performance by a sheriff of any duty imposed on the sheriff
under ORS 18.860 to 18.993, the sheriff may give written notice of the objection
to the court and request that the court resolve the dispute. If written notice
is given to the court under this section, the court shall resolve the dispute
and provide such additional instructions to the sheriff as may be necessary. [2005
c.542 §53]
     18.993
Effect of ORS 18.860 to 18.993 on courtÂ’s ability to direct seizure. Nothing in ORS 18.860 to 18.993 affects the
ability of a court to direct seizure of property under ORS 18.268 (2). [2005
c.542 §54]
     18.999
Recovery of expenses incurred in enforcing judgment and certain other monetary
obligations. This section
establishes the right of a plaintiff to recover certain moneys the plaintiff
has expended to recover a debt under ORS 18.854 or to enforce a judgment and
establishes procedures for that recovery. The following apply to this section:
     (1) When a plaintiff receives moneys under
a garnishment, attachment or payment, the plaintiff may proceed as follows:
     (a) Before crediting the total amount of
moneys received against the judgment or debt, the plaintiff may recover and
keep from the total amount received under the garnishment, attachment or
payment any moneys allowed to be recovered under this section.
     (b) After recovering moneys as allowed
under paragraph (a) of this subsection, the plaintiff shall credit the
remainder of the moneys received against the judgment or debt as provided by
law.
     (2) Moneys recovered under subsection
(1)(a) of this section shall not be considered moneys paid on and to be
credited against the original judgment or debt sought to be enforced. No
additional judgment is necessary to recover moneys in the manner provided in
subsection (1)(a) of this section.
     (3) The only moneys a plaintiff may
recover under subsection (1)(a) of this section are those described in subsection
(4) of this section that the plaintiff has paid to enforce the existing
specific judgment or debt that the specific garnishment or attachment was
issued to enforce or upon which the payment was received. Moneys recoverable
under subsection (1)(a) of this section remain recoverable and, except as
provided under subsection (8) of this section, may be recovered from moneys
received by the plaintiff under subsequent garnishments, attachments or
payments on the same specific judgment or debt.
     (4) This section allows the recovery only
of the following:
     (a) Statutorily established moneys that
meet the requirements under subsection (3) of this section, as follows:
     (A) Garnishee’s search fees under ORS
18.790.
     (B) Fees for delivery of writs of
garnishment under ORS 18.652.
     (C) Circuit court fees as provided under
ORS 21.325.
     (D) County court fees as provided under
ORS 5.125.
     (E) County clerk recording fees as
provided in ORS 205.320.
     (F) Actual fees or disbursements made
under ORS 21.410.
     (G) Costs of execution as provided in ORS
105.112.
     (H) Fees paid to an attorney for issuing a
garnishment in an amount not to exceed $12 for each garnishment.
     (I) Costs of an execution sale as
described in ORS 18.950 (2).
     (J) Fees paid under ORS 21.125 for motions
and responses to motions filed after entry of a judgment.
     (b) Interest on the amounts specified in
paragraph (a) of this subsection at the rate provided for judgments in ORS
82.010 for the period of time beginning with the expenditure of the amount and
ending upon recovery of the amount under this section.
     (5) The plaintiff shall be responsible for
doing all of the following:
     (a) Maintaining a precise accounting of
moneys recovered under subsection (1)(a) of this section and making the
accounting available for any proceeding relating to that judgment or debt.
     (b) Providing reasonable notice to the
defendant of moneys the plaintiff recovers under subsection (1)(a) of this
section.
     (6) Moneys recovered under subsection
(1)(a) of this section remain subject to all other provisions of law relating
to payments, or garnished or attached moneys including, but not limited to,
those relating to exemption, claim of exemption, overpayment and holding
periods.
     (7) Nothing in this section limits the
right of a plaintiff to recover moneys described in this section or other
moneys in any manner otherwise allowed by law.
     (8) A writ of garnishment or attachment is
not valid if issued solely to recover moneys recoverable under subsection
(1)(a) of this section unless the right to collect the moneys is first reduced
to a judgment or to a debt enforceable under ORS 18.854. [Formerly 18.910; 2007
c.860 §§11,31]
     Note: 18.999 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.
_______________
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