2007 Oregon Code - Chapter 24 :: Chapter 24 - Enforcement and Recognition of Foreign Judgments - Foreign-Money Claims
Chapter 24 — Enforcement
and Recognition of Foreign Judgments;
Foreign-Money
Claims
2007 EDITION
FOREIGN JUDGMENTS; FOREIGN-MONEY CLAIMS
PROCEDURE IN CIVIL PROCEEDINGS
UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT
24.105Â Â Â Â Â Â Definitions
for ORS 24.105 to 24.125, 24.135 and 24.155 to 24.175
24.115Â Â Â Â Â Â Filing
of foreign judgment; effect
24.125Â Â Â Â Â Â Notice
of filing of judgment; delay in enforcement
24.129Â Â Â Â Â Â Certification
of filing in single court; filing of certified copy or lien record abstract for
other counties
24.135Â Â Â Â Â Â Grounds
for staying enforcement of judgment; security for satisfaction of judgment
24.140Â Â Â Â Â Â Interest
and costs
24.150Â Â Â Â Â Â Satisfaction
of judgment; filing
24.155Â Â Â Â Â Â Optional
procedure
24.165Â Â Â Â Â Â Construction
of ORS 24.105 to 24.125, 24.135 and 24.155 to 24.175
24.175Â Â Â Â Â Â Short
title
FOREIGN RESTRAINING ORDERS
24.190Â Â Â Â Â Â Foreign
restraining orders
UNIFORM FOREIGN MONEY-JUDGMENTS RECOGNITION
ACT
24.200Â Â Â Â Â Â Definitions
for ORS 24.200 to 24.255
24.210Â Â Â Â Â Â Nonexclusive
construction of ORS 24.200 to 24.255
24.220Â Â Â Â Â Â Recognition
of foreign judgment; conclusiveness; exceptions
24.230Â Â Â Â Â Â Discretion
of court to stay proceedings during appeal
24.240Â Â Â Â Â Â Jurisdiction
24.250Â Â Â Â Â Â Uniformity
of interpretation
24.255Â Â Â Â Â Â Short
title
UNIFORM FOREIGN-MONEY CLAIMS ACT
24.260Â Â Â Â Â Â Definitions
for ORS 24.260 to 24.335
24.265Â Â Â Â Â Â Scope
of application of ORS 24.260 to 24.335
24.270Â Â Â Â Â Â Variation
of application by agreement
24.275Â Â Â Â Â Â Determining
proper money of the claim
24.280Â Â Â Â Â Â Determining
amount of money of certain contract claims
24.285Â Â Â Â Â Â Asserting
and defending foreign-money claim
24.290Â Â Â Â Â Â Judgments
and awards on foreign-money claims; times of money conversion; form of
judgment; post-judgment enforcement
24.295Â Â Â Â Â Â Conversions
of foreign money in distribution proceeding
24.300Â Â Â Â Â Â Prejudgment
and judgment interest
24.305Â Â Â Â Â Â Enforcement
of foreign judgments
24.310Â Â Â Â Â Â Determining
24.315Â Â Â Â Â Â Effect
of currency substitution
24.320Â Â Â Â Â Â Supplementary
general principles of law
24.325Â Â Â Â Â Â Uniformity
of application and construction
24.330Â Â Â Â Â Â Severability
24.335Â Â Â Â Â Â Short
title
     24.010 [1955 c.647 §1; repealed by 1979 c.577 §8]
     24.020 [1955 c.647 §2; repealed by 1979 c.577 §8]
     24.030 [1955 c.647 §3; repealed by 1979 c.577 §8]
     24.040 [1955 c.647 §4; repealed by 1979 c.577 §8]
     24.050 [1955 c.647 §5; repealed by 1979 c.577 §8]
     24.060 [1955 c.647 §6; repealed by 1979 c.577 §8]
     24.070 [1955 c.647 §7; repealed by 1979 c.577 §8]
     24.080 [1955 c.647 §8; repealed by 1979 c.577 §8]
     24.090 [1955 c.647 §9; repealed by 1979 c.577 §8]
     24.100 [1955 c.647 §10; repealed by 1979 c.577 §8]
UNIFORM
ENFORCEMENT OF FOREIGN JUDGMENTS ACT
     24.105
Definitions for ORS 24.105 to 24.125, 24.135 and 24.155 to 24.175. In ORS 24.105 to 24.125, 24.135 and 24.155
to 24.175 “foreign judgment” means any judgment, decree or order of a court of
the
     24.110 [1955 c.647 §11; repealed by 1979 c.577 §8]
     24.115
Filing of foreign judgment; effect. (1) A copy of any foreign judgment authenticated in accordance with
the Act of Congress or the statutes of this state may be filed in the office of
the clerk of any circuit court of any county of this state. The clerk shall
treat the foreign judgment in the same manner as a judgment of the circuit
court.
     (2) A certified copy of any foreign
judgment authenticated in accordance with the Act of Congress or the statutes
of this state shall be recorded in the County Clerk Lien Record of any county
other than the county in which the judgment is originally filed, in order to
become a lien upon the real property of the judgment debtor in that county as
provided in ORS 18.152.
     (3) A judgment so filed has the same
effect and is subject to the same procedures, defenses and proceedings for
reopening, vacating or staying as a judgment of the circuit court in which the
foreign judgment is filed, and may be enforced or satisfied in like manner.
     (4) A foreign judgment of a tribal court
of a federally recognized Indian tribe that is filed in a circuit court under
this section, and that otherwise complies with 26 U.S.C. 414(p) as a domestic
relations order as defined in 26 U.S.C. 414(p), is a domestic relations order
made pursuant to the domestic relations laws of this state for the purposes of
26 U.S.C. 414(p). [1979 c.577 §2; 1985 c.343 §5; 1987 c.586 §14; 1995 c.273 §13;
2003 c.576 §180; 2007 c.663 §1]
     Note: Section 2, chapter 663, Oregon Laws 2007,
provides:
     Sec.
2. The amendments to ORS
24.115 by section 1 of this 2007 Act apply to all judgments, decrees and orders
of tribal courts of federally recognized Indian tribes, whether filed in a
circuit court before, on or after the effective date of this 2007 Act [June 27,
2007]. [2007 c.663 §2]
     24.120 [1955 c.647 §12; repealed by 1979 c.577 §8]
     24.125
Notice of filing of judgment; delay in enforcement. (1) At the time of the filing of the foreign
judgment, the judgment creditor or the creditorÂ’s lawyer shall make and file
with the clerk of the court an affidavit setting forth the names and last-known
post-office addresses of the judgment debtor and the judgment creditor,
together with a separate statement containing the information required to be
contained in a judgment under ORS 18.042.
     (2) Promptly after filing the foreign
judgment and the affidavit, the judgment creditor must mail notice of the
filing of the foreign judgment to the judgment debtor. The notice shall include
the name and post-office address of the judgment creditor and the judgment
creditorÂ’s lawyer, if any, in this state. The judgment creditor must file with
the court proof of mailing the notice.
     (3) No execution or other process for
enforcement of a foreign judgment filed pursuant to ORS 24.105 to 24.125,
24.135 and 24.155 to 24.175, except a judgment, decree or order of a court of
the United States, shall issue until five days after the date the judgment,
affidavit and separate statement required in subsection (1) of this section are
filed. [1979 c.577 §3; 1985 c.343 §6; 1987 c.873 §25; 1989 c.768 §8; 1997 c.872
§7; 2003 c.576 §168]
     24.129
Certification of filing in single court; filing of certified copy or lien
record abstract for other counties. At the time of filing of any foreign judgment as provided in ORS
24.115, the judgment creditor shall certify that the judgment creditor is
filing such judgment in only one court in
     24.130 [1955 c.647 §13; repealed by 1979 c.577 §8]
     24.135
Grounds for staying enforcement of judgment; security for satisfaction of
judgment. (1) If the
judgment debtor shows the court of any county that an appeal from the foreign
judgment is pending or will be taken, or that a stay of execution has been
granted, the court shall stay enforcement of the foreign judgment until the
appeal is concluded, the time for appeal expires, or the stay of execution
expires or is vacated, upon proof that the judgment debtor has furnished the
security for the satisfaction of the judgment required by the state in which it
was rendered.
     (2) If the judgment debtor shows the court
of any county any ground upon which enforcement of a judgment of any court of
any county of this state would be stayed, the court shall stay enforcement of
the foreign judgment for an appropriate period, upon requiring the same
security for satisfaction of the judgment which is required in this state. [1979
c.577 §4]
     24.140
Interest and costs. When a
registered foreign judgment becomes a final judgment of this state, the court
shall include as part of the judgment interest payable on the foreign judgment
under the law of the state in which it was rendered, and the cost of obtaining
the authenticated copy of the original judgment. The court shall include as
part of its judgment court costs incidental to the proceeding in accordance
with the law of this state and the costs of recording documents as permitted by
statute. [1955 c.647 §14; 1987 c.586 §16]
     24.150
Satisfaction of judgment; filing. Satisfaction, either partial or complete, of the original judgment or
of a judgment entered thereupon in any other state shall operate to the same extent
as satisfaction of the judgment in this state, except as to costs authorized by
ORS 24.140. When such judgment in this state has been satisfied, including
costs authorized by ORS 24.140, it shall be the responsibility of the judgment
creditor to provide an executed satisfaction to this judgment debtor. The
judgment debtor may file the satisfaction in the records of the court in which
the judgment was originally filed in this state, and may record the
satisfaction in every county in this state in which a certified copy of the
judgment or a lien record abstract has been recorded. [1955 c.647 §15; 1985
c.343 §7; 1987 c.586 §17]
     24.155
Optional procedure. The
right of a judgment creditor to bring an action to enforce the judgment instead
of proceeding under ORS 24.105 to 24.125, 24.135 and 24.155 to 24.175 remains
unimpaired. [1979 c.577 §5]
     24.160 [1955 c.647 §16; repealed by 1979 c.577 §8]
     24.165
Construction of ORS 24.105 to 24.125, 24.135 and 24.155 to 24.175. ORS 24.105 to 24.125, 24.135 and 24.155 to
24.175 shall be interpreted and construed in order to effectuate its general
purpose to make uniform the law of those states which enact it. [1979 c.577 §6]
     24.170 [1955 c.647 §17; repealed by 1979 c.577 §8]
     24.175
Short title. ORS 24.105 to
24.125, 24.135 and 24.155 to 24.175 may be cited as the Uniform Enforcement of
Foreign Judgments Act. [1979 c.577 §7]
     24.180 [1955 c.647 §18; repealed by 1979 c.577 §8]
     24.185 [1991 c.222 §1; 1993 c.188 §9; 1997 c.863 §1;
repealed by 1999 c.250 §5]
FOREIGN
RESTRAINING ORDERS
     24.190
Foreign restraining orders.
(1) For the purposes of this section:
     (a) “Foreign restraining order” means a
restraining order that is a foreign judgment as defined by ORS 24.105.
     (b)(A) “Restraining order” means an
injunction or other order issued for the purpose of preventing:
     (i) Violent or threatening acts or
harassment against another person;
     (ii) Contact or communication with another
person; or
     (iii) Physical proximity to another
person.
     (B) “Restraining order” includes temporary
and final orders, other than support or child custody orders, issued by a civil
or criminal court regardless of whether the order was obtained by filing an
independent action or as a pendente lite order in another proceeding. However,
for a civil order to be considered a restraining order, the civil order must
have been issued in response to a complaint, petition or motion filed by or on
behalf of a person seeking protection.
     (2)(a) Except as otherwise provided in
paragraph (b) of this subsection, immediately upon the arrival in this state of
a person protected by a foreign restraining order, the foreign restraining
order is enforceable as an
     (b) A foreign restraining order is not
enforceable as an
     (A) The person restrained by the order
shows that:
     (i) The court that issued the order lacked
jurisdiction over the subject matter or lacked personal jurisdiction over the
person restrained by the order; or
     (ii) The person restrained by the order
was not given reasonable notice and an opportunity to be heard under the law of
the jurisdiction in which the order was issued; or
     (B) The foreign restraining order was
issued against a person who had petitioned for a restraining order unless:
     (i) The person protected by the foreign
restraining order filed a separate petition seeking the restraining order; and
     (ii) The court issuing the foreign
restraining order made specific findings that the person was entitled to the
order.
     (3)(a) A person protected by a foreign
restraining order may present a true copy of the order to a county sheriff for
entry into the Law Enforcement Data System maintained by the Department of
State Police. Subject to paragraph (b) of this subsection, the county sheriff
shall enter the order into the Law Enforcement Data System if the person
certifies that the order is the most recent order in effect between the parties
and provides proof of service or other written certification that the person
restrained by the order has been personally served with a copy of the order or
has actual notice of the order. Entry into the Law Enforcement Data System
constitutes notice to all law enforcement agencies of the existence of the
restraining order. Law enforcement agencies shall establish procedures adequate
to ensure that an officer at the scene of an alleged violation of the order may
be informed of the existence and terms of the order. The order is fully
enforceable as an
     (b) The Department of State Police shall
specify information that is required for a foreign restraining order to be
entered into the Law Enforcement Data System.
     (c) At the time a county sheriff enters an
order into the Law Enforcement Data System under paragraph (a) of this
subsection, the sheriff shall also enter the order into the databases of the
     (4) Pending a contempt hearing for alleged
violation of a foreign restraining order, a person arrested and taken into
custody pursuant to ORS 133.310 may be released as provided in ORS 135.230 to
135.290. Unless the order provides otherwise, the security amount for release
is $5,000.
     (5) ORS 24.115, 24.125, 24.129, 24.135,
24.140, 24.150 and 24.155 do not apply to a foreign restraining order.
     (6) A person protected by a foreign
restraining order may file a certified copy of the order and proof of service
in the office of the clerk of any circuit court of any county of this state. A
judgment so filed has the same effect and is subject to the same procedures,
defenses and proceedings for reopening, vacating or staying as a judgment of the
circuit court in which the foreign judgment is filed, and may be enforced or
satisfied in like manner. The filing fee provided for in ORS 21.325 (3) shall
not apply to a filing under this section. [1999 c.250 §1; 2003 c.737 §§74,75]
UNIFORM
FOREIGN MONEY-JUDGMENTS RECOGNITION ACT
     24.200
Definitions for ORS 24.200 to 24.255. As used in ORS 24.200 to 24.255:
     (1) “Foreign state” means any governmental
unit other than the
     (2) “Foreign judgment” means any judgment
of a foreign state granting or denying recovery of a sum of money, other than a
judgment for taxes, a fine or other penalty, or a judgment for support in
matrimonial or family matters. [1977 c.61 §1; 1991 c.67 §3]
     24.210
Nonexclusive construction of ORS 24.200 to 24.255. ORS 24.200 to 24.255 do not prevent the
recognition of a foreign judgment in situations not covered by ORS 24.200 to
24.255. [1977 c.61 §7]
     24.220
Recognition of foreign judgment; conclusiveness; exceptions. (1) Except as provided in subsections (3)
and (4) of this section, a foreign judgment meeting the requirements of
subsection (2) of this section is conclusive between the parties to the extent
that it grants or denies recovery of a sum of money. The foreign judgment is
enforceable in the same manner as the judgment of a sister state which is
entitled to full faith and credit.
     (2) ORS 24.200 to 24.255 apply to any
foreign judgment that is final and conclusive and enforceable where rendered
even though an appeal therefrom is pending or it is subject to appeal.
     (3) A foreign judgment is not conclusive
if:
     (a) The judgment was rendered under a system
which does not provide impartial tribunals or procedures compatible with the
requirements of due process of law;
     (b) The foreign court did not have
personal jurisdiction over the defendant; or
     (c) The foreign court did not have
jurisdiction over the subject matter.
     (4) A foreign judgment may not be
recognized if:
     (a) The defendant in the proceedings in
the foreign court did not receive notice of the proceedings in sufficient time
to enable the defendant to defend;
     (b) The judgment was obtained by fraud;
     (c) The cause of action on which the
judgment is based is repugnant to the public policy of this state;
     (d) The judgment conflicts with another
final and conclusive judgment;
     (e) The proceeding in the foreign court
was contrary to an agreement between the parties under which the dispute in
question was to be settled otherwise than by proceedings in that court;
     (f) In the case of jurisdiction based only
on personal service, the foreign court was a seriously inconvenient forum for
the trial of the action; or
     (g) The party seeking to enforce the
foreign judgment fails to demonstrate that the foreign court that rendered the
judgment recognizes and enforces judgments of the state and federal courts of
the
     24.230
Discretion of court to stay proceedings during appeal. If the defendant satisfies the court either
that an appeal is pending or that the defendant is entitled and intends to
appeal from the foreign judgment, the court may stay the proceedings until the
appeal has been determined or until the expiration of a period of time
sufficient to enable the defendant to prosecute the appeal. [1977 c.61 §6]
     24.240
Jurisdiction. (1) The
foreign judgment shall not be refused recognition for lack of personal
jurisdiction if:
     (a) The defendant was served personally in
the foreign state;
     (b) The defendant voluntarily appeared in
the proceedings, other than for the purpose of protecting property seized or
threatened with seizure in the proceedings or of contesting the jurisdiction of
the court over the defendant;
     (c) The defendant prior to the
commencement of the proceedings had agreed to submit to the jurisdiction of the
foreign court with respect to the subject matter involved;
     (d) The defendant was domiciled in the
foreign state when the proceedings were instituted, or, being a body corporate
had its principal place of business, was incorporated, or had otherwise
acquired corporate status, in the foreign state;
     (e) The defendant had a business office in
the foreign state and the proceedings in the foreign court involved a cause of
action arising out of business done by the defendant through that office in the
foreign state; or
     (f) The defendant operated a motor vehicle
or airplane in the foreign state and the proceedings involved a cause of action
arising out of such operation.
     (2) The courts of this state may recognize
other bases of jurisdiction. [1977 c.61 §5]
     24.250
Uniformity of interpretation.
ORS 24.200 to 24.255 shall be so construed as to effectuate their general
purpose to make uniform the law of those states which enact them. [1977 c.61 §8]
     24.255
Short title. ORS 24.200 to
24.255 may be cited as the Uniform Foreign Money-Judgments Recognition Act. [1977
c.61 §9]
UNIFORM
FOREIGN-MONEY CLAIMS ACT
     24.260
Definitions for ORS 24.260 to 24.335. For the purposes of ORS 24.260 to 24.335:
     (1) “Action” means a judicial proceeding
or arbitration in which a payment in money may be awarded or enforced with
respect to a foreign-money claim.
     (2) “Bank-offered spot rate” means the
spot rate of exchange at which a bank will sell foreign money at a spot rate.
     (3) “Conversion date” means the banking
day next preceding the date on which money, in accordance with ORS 24.260 to
24.335, is:
     (a) Paid to a claimant in an action or
distribution proceeding;
     (b) Paid to the official designated by law
to enforce a judgment or award on behalf of a claimant; or
     (c) Used to recoup, setoff or counterclaim
in different moneys in an action or distribution proceeding.
     (4) “Distribution proceeding” means a
judicial or nonjudicial proceeding for the distribution of a fund in which one
or more foreign-money claims is asserted and includes an accounting, an
assignment for the benefit of creditors, a foreclosure, the liquidation or
rehabilitation of a corporation or other entity, and the distribution of an
estate, trust or other fund.
     (5) “Foreign money” means money other than
money of the
     (6) “Foreign-money claim” means a claim
upon an obligation to pay, or a claim for recovery of a loss, expressed in or
measured by a foreign money.
     (7) “Money” means a medium of exchange for
the payment of obligations or a store of value authorized or adopted by a
government or by intergovernmental agreement.
     (8) “Money of the claim” means the money
determined as proper pursuant to ORS 24.275.
     (9) “Person” means an individual, a
corporation, government or governmental subdivision or agency, business trust,
estate, trust, joint venture, partnership, association, two or more persons
having a joint or common interest or any other legal or commercial entity.
     (10) “Rate of exchange” means the rate at
which money of one country may be converted into money of another country in a
free financial market convenient to or reasonably usable by a person obligated
to pay or to state a rate of conversion. If separate rates of exchange apply to
different kinds of transactions, the term means the rate applicable to the
particular transaction giving rise to the foreign-money claim.
     (11) “Spot rate” means the rate of
exchange at which foreign money is sold by a bank or other dealer in foreign
exchange for immediate or next day availability or for settlement by immediate
payment in cash or equivalent, by charge to an account, or by an agreed delayed
settlement not exceeding two days.
     (12) “State” means a state of the
     24.265
Scope of application of ORS 24.260 to 24.335. (1) ORS 24.260 to 24.335 apply only to a foreign-money claim in an
action or distribution proceeding.
     (2) ORS 24.260 to 24.335 apply to
foreign-money issues even if other law under the conflict of laws rules of this
state applies to other issues in the action or distribution proceeding. [1991
c.202 §3]
     24.270
Variation of application by agreement. (1) The effect of ORS 24.260 to 24.335 may be varied by agreement of
the parties made before or after commencement of an action or distribution
proceeding or the entry of judgment. The right of the parties to vary the
effect of ORS 24.260 to 24.335 includes, but is not limited to, the selection
of the date and time for conversion or of a specified rate of exchange to be
applied to a particular transaction or a portion thereof and, after the entry
of judgment, any agreement as to how the judgment is to be satisfied.
     (2) Parties to a transaction may agree
upon the money to be used in a transaction giving rise to a foreign-money claim
and may agree to use different moneys for different aspects of the transaction.
Stating the price in a foreign money for one aspect of a transaction does not
alone require the use of that money for other aspects of the transaction. [1991
c.202 §4]
     24.275
Determining proper money of the claim. (1) The money in which the parties to a transaction have agreed that
payment is to be made is the proper money of the claim for payment.
     (2) If the parties to a transaction have
not otherwise agreed, the money of the claim, as in each case may be
appropriate, is the money:
     (a) Regularly used between the parties as
a matter of usage or course of dealing;
     (b) Used at the time of a transaction in
international trade, by trade usage or common practice, for valuing or settling
transactions in the particular commodity or service involved; or
     (c) In which the loss was ultimately felt
or will be incurred by the party claimant. [1991 c.202 §5]
     24.280
Determining amount of money of certain contract claims. (1) If an amount contracted to be paid in a
foreign money is measured by a specified amount of a different money, the
amount to be paid is determined on the conversion date.
     (2) If an amount contracted to be paid in
a foreign money is to be measured by a different money at the rate of exchange
prevailing on a date before default, that rate of exchange applies only to
payments made within a reasonable time after default, not exceeding 30 days.
Thereafter, conversion is made at the bank-offered spot rate on the conversion
date.
     (3) A monetary claim is neither usurious
nor unconscionable because the agreement on which it is based provides that the
amount of the debtorÂ’s obligation to be paid in the debtorÂ’s money, when
received by the creditor, must equal a specified amount of the foreign money of
the country of the creditor. If, because of unexcused delay in payment of a
judgment or award, the amount received by the creditor does not equal the
amount of the foreign money specified in the agreement, the court or arbitrator
shall, upon the motion of any party, amend the judgment or award accordingly. [1991
c.202 §6]
     24.285
Asserting and defending foreign-money claim. (1) A person may assert a claim in a specified foreign money. If a
foreign-money claim is not asserted, the claimant makes the claim in
     (2) An opposing party may allege and prove
that a claim, in whole or in part, is in a different money than that asserted
by the claimant.
     (3) A person may assert a defense, setoff,
recoupment or counterclaim in any money without regard to the money of other
claims.
     (4) The determination of the proper money
of the claim is a question of law. [1991 c.202 §7]
     24.290
Judgments and awards on foreign-money claims; times of money conversion; form
of judgment; post-judgment enforcement. (1) Except as provided in subsection (3) of this section, a judgment
or award on a foreign-money claim must be stated in an amount of the money of
the claim.
     (2) A judgment or award on a foreign-money
claim is payable in that foreign money or, at the option of the debtor, in the
amount of United States dollars which will purchase that foreign money on the
conversion date at a bank-offered spot rate, except that any payment made
through a court pursuant to ORS 18.235 must be made in United States dollars.
When a payment is made to the court, the judgment debtor shall simultaneously
file with the court an affidavit or certificate executed in good faith by its
counsel or a bank officer stating the rate of exchange used and how it was
obtained and setting forth the calculation and the amount of the money of the
claim that will be satisfied by the payment. Affected court officials incur no
liability, after a filing of the affidavit or certificate, for acting as if the
judgment were in the amount of
     (3) Assessed costs, disbursements and
attorney fees must be entered in
     (4) Each payment in
     (5) A judgment or award made in an action
or distribution proceeding on both a defense, setoff, recoupment or
counterclaim and the adverse partyÂ’s claim, must be netted by converting the
money of the smaller into the money of the larger, and by subtracting the
smaller from the larger, and specify the rates of exchange used.
     (6) A judgment or award substantially
complies with subsection (1) of this section when it is plainly titled as a
judgment, it complies with the requirements of ORS 18.038 and it includes all
of the following:
     (a) The names of the judgment creditor,
the judgment creditorÂ’s attorney and the judgment debtor.
     (b) The amount of the judgment in the
foreign money of the claim, the type of foreign money and the foreign state, as
defined by ORS 24.200 (1), utilizing the money that the claim is denominated
in.
     (c) The interest owed to the date of the
judgment, either as a specific amount in the foreign money or as accrual
information, including the rate or rates of interest as determined by ORS
24.300, the balance or balances upon which the 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.
     (d) Post-judgment interest accrual
information, including the rate or rates of interest as determined by ORS
24.300, 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.
     (e) For judgments that accrued on a
periodic basis, any accrued arrearages, required further payments per period in
the foreign money and accrual dates.
     (f) A statement that the judgment debtor
has the option to pay the judgment or award, including the interest owed on the
date of judgment and the post-judgment interest, unless the parties have agreed
otherwise as according to ORS 24.270, in the amount of United States dollars
that will purchase that foreign money on the conversion date at a bank-offered
spot rate at or near the close of business on the banking day before the day of
payment.
     (g) A statement that, if the judgment
debtor pays the judgment through a court under ORS 18.235, the payment must be
in United States dollars as provided in subsection (2) of this section.
     (h) The amount of assessed costs,
disbursements and attorney fees in
     (i) The terms of any agreement made by the
parties, before the entry of the judgment, to vary the effect of ORS 24.260 to
24.335.
     (7) If a contract claim is of the type
covered by ORS 24.280 (1) or (2), the judgment or award must be entered for the
amount of money stated to measure the obligation to be paid in the money
specified for payment or, at the option of the debtor, the number of United
States dollars which will purchase the computed amount of the money of payment
on the conversion date at a bank-offered spot rate.
     (8) When a judgment is given on a
foreign-money claim in circuit court, the clerk shall enter the judgment in the
register and shall note that the judgment creates a judgment lien. The judgment
shall have the same force and effect as any other judgment obtained in the
circuit court.
     (9) A judgment or award may be discharged
by payment.
     (10) A party seeking enforcement of a
judgment entered as provided in this section shall file with each request or
application an affidavit or certificate executed in good faith by its counsel
or a bank officer, stating the rate of exchange used and how it was obtained
and setting forth the calculation and the amount of United States dollars that
would satisfy the judgment on the date of the affidavit or certificate by
applying said rate of exchange. Affected court officials incur no liability,
after a filing of the affidavit or certificate, for acting as if the judgment
were in the amount of
     24.295
Conversions of foreign money in distribution proceeding. The rate of exchange prevailing at or near
the close of business on the day the distribution proceeding is initiated
governs all exchanges of foreign money in a distribution proceeding. A
foreign-money claimant in a distribution proceeding shall assert its claim in
the named foreign money and show the amount of United States dollars resulting
from a conversion as of the date the proceeding was initiated. [1991 c.202 §9]
     24.300
Prejudgment and judgment interest. (1) With respect to a foreign-money claim, recovery of prejudgment or
preaward interest and the rate of interest to be applied in the action or
distribution proceeding, except as provided in subsection (2) of this section,
are matters of the substantive law governing the right to recovery under the
conflict of laws rules of this state.
     (2) The court or arbitrator shall increase
or decrease the amount of prejudgment or preaward interest otherwise payable in
a judgment or award in foreign money to the extent required by the law of this
state governing a failure to make or accept an offer of settlement or offer of
judgment, or conduct by a party or its attorney causing undue delay or expense.
     (3) A judgment or award on a foreign-money
claim bears interest at the rate applicable to judgments of this state. [1991
c.202 §10]
     24.305
Enforcement of foreign judgments. (1) If an action is brought to enforce a judgment of another
jurisdiction expressed in a foreign money and the judgment is recognized in
this state as enforceable, the enforcing judgment must be entered as provided
in ORS 24.290, whether or not the foreign judgment confers an option to pay in
an equivalent amount of
     (2) A foreign judgment may be entered in
the register in accordance with any rule or statute of this state providing a
procedure for its recognition and enforcement.
     (3) A satisfaction or partial payment made
upon the foreign judgment, on proof thereof, shall operate to the same extent
as a satisfaction of the judgment in this state, except as to costs authorized
by ORS 24.140, notwithstanding the entry of judgment in this state.
     (4) A judgment entered on a foreign-money
claim only in
     24.310
Determining
     (2) For the limited purpose of
facilitating the enforcement of provisional remedies in an action, the value in
United States dollars of assets to be seized or restrained pursuant to a writ
of attachment, garnishment, execution or other legal process, the amount of the
United States dollars at issue for assessing costs or the amount of United
States dollars involved for a surety bond or other court-required undertaking,
must be ascertained as provided in subsections (3) and (4) of this section.
     (3) A party seeking process, costs, bond
or other undertaking under subsection (2) of this section shall compute in
United States dollars the amount of the foreign money claimed from a
bank-offered spot rate prevailing at or near the close of business on the
banking day next preceding the filing of a request or application for the
issuance of process or for the determination of costs, or an application for a
bond or other court-required undertaking.
     (4) A party seeking the process, costs,
bond or other undertaking under subsection (2) of this section shall file with
each request or application an affidavit or certificate executed in good faith
by its counsel or a bank officer, stating the market quotation used and how it
was obtained and setting forth the calculation. Affected court officials incur
no liability, after a filing of the affidavit or certificate, for acting as if
the judgment were in the amount of
     24.315
Effect of currency substitution. (1) If, after an obligation is expressed or a loss is incurred in a
foreign money, the country issuing or adopting that money substitutes a new
money in place of that money, the obligation or the loss is treated as if
expressed or incurred in the new money at the rate of conversion the issuing
country establishes for the payment of like obligations or losses denominated
in the former money.
     (2) If substitution under subsection (1)
of this section occurs after a judgment or award is entered on a foreign-money
claim, the court or arbitrator shall amend, upon the motion of any party, the
judgment or award by a like conversion of the former money. [1991 c.202 §13]
     24.320
Supplementary general principles of law. Unless displaced by particular provisions of ORS 24.260 to 24.335, the
principles of law and equity, including the law merchant, and the law relative
to capacity to contract, principal and agent, estoppel, fraud,
misrepresentation, duress, coercion, mistake, bankruptcy or other validating or
invalidating causes supplement its provisions. [1991 c.202 §14]
     24.325
Uniformity of application and construction. ORS 24.260 to 24.335 shall be applied and construed to effectuate its
general purpose to make uniform the law with respect to the subject of ORS
24.260 to 24.335 among states enacting it. [1991 c.202 §15]
     24.330
Severability. If any
provision of ORS 24.260 to 24.335 or its application to any person or
circumstance is held invalid, the invalidity does not affect other provisions
or applications of ORS 24.260 to 24.335 which can be given effect without the
invalid provision or application, and to this end the provisions of ORS 24.260
to 24.335 are severable. [1991 c.202 §17]
     24.335
Short title. ORS 24.260 to
24.335 may be cited as the Uniform Foreign-Money Claims Act. [1991 c.202 §16]
_______________
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.