Oregon Revised Statutes
As used in this chapter: “Action” means any proceeding commenced in a court in which the court may render a judgment. “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, 416.510 to 416.990 or 419B.400 or ORS chapter 25, 107, 109 or 110. “…
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References in the statutes of this state to decrees include judgments, and references in the statutes of this state to judgments include decrees. 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.
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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. GENERAL PROVISIONS RELATING TO JUDGMENTS
The Chief Justice of the Supreme Court by rule or order may: Authorize or require that specified requests for relief that are not governed by other legal authority be decided by judgment; and Authorize or require the use of a limited or supplemental judgment for specified requests for relief that are not governed by other legal authority.
The provisions of this chapter do not impose any requirement that a court use a judgment for the court’s concluding decision on a request for relief if a legal authority allows or requires that the court decide the request for relief by order or other means. Note: See first note under 18.005.
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Except as provided in ORS 25.529 (5), a supplemental judgment may only contain provisions that were not included in the general judgment. FORM OF JUDGMENT DOCUMENT
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 pr…
A judgment document must be plainly titled as a judgment. 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: Justice courts, municipal courts and county courts performing judicial functions. Judgments in criminal actions. Judgments in…
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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 rem…
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 s…
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 incu…
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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 j…
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, whethe…
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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).
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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. 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: That the judgment document has been filed and the da…
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 …
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Upon entry of a judgment, the judgment: Becomes the exclusive statement of the court’s decision in the case and governs the rights and obligations of the parties that are subject to the judgment; May be enforced in the manner provided by law; May be appealed in the manner provided by law; Acts as official notice of the court’s decision; and May be set a…
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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 correct…
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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: 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 …
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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: The judgment is entered in the small claims department of a circuit court in an amount of l…
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 …
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 wi…
At any time after a judgment for unpaid child support or unpaid spousal support becomes effective in another state and before the expiration or satisfaction of that judgment under the other state’s law, a judgment creditor under the judgment may record a certified copy of the judgment or a lien record abstract for the judgment in the County Clerk Lien Record…
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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. The judgment lien of a judgment entered in a justice or municipal court may be eliminated as provided in O…
If a judgment with lien effect under ORS 18.150, 18.152 or 18.158 is entered or recorded in a county before a conveyance, or a memorandum of a conveyance, of real property of the debtor is recorded in that county, the conveyance of the judgment debtor’s interest is void as against the lien of the judgment unless: The grantee under the conveyance is a purcha…
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…
Judgment remedies for a judgment expire upon full satisfaction of the money award portion of the judgment. 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…
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 18.190, a judgment creditor may file a certificate of extension only if: Judgment r…
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 expi…
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 r…
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Judgment remedies for a judgment in justice and municipal courts expire upon full satisfaction of the money award portion of the judgment. 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. Except as provided in this subsection, judgment rem…
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 credi…
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. If the administrator, as defined…
A judgment creditor may assign all or part of the creditor’s rights under a judgment. An assignment of judgment document must be signed by the judgment creditor, by the judgment creditor’s agent or by an attorney who represents the judgment creditor. Signature by the judgment creditor’s agent is not subject to the requirement of ORS 9.320 that a party that i…
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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 sign…
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. Any satisfaction document for a support award describe…
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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: The judgment debtor provides a sworn affidavit indicating that the money award has been paid in full; The department certifies t…
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 cred…
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 a…
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When property liable to an execution against several persons is sold thereon, and more than a due proportion of the judgment is levied upon the property of one of them, or one of them pays, without a sale, more than that person’s proportion, that person may compel contribution from the others; and when a judgment is against several, and is upon an obligation…
The following requirements are the only requirements of this chapter that are jurisdictional for the purposes of appeal of a judgment: The judgment document for the judgment must be plainly titled as a judgment as required by ORS 18.038 (1). The judgment document for the judgment must comply with the requirements of ORS 18.038 (4). The court administrator…
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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 18.190. 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 judgmen…
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 …
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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 judgme…
A judgment debtor may be examined on oath concerning the judgment debtor’s property in a debtor’s examination. Upon request by the judgment creditor, the proceedings shall be reduced to writing and filed with the court administrator. The judgment creditor and judgment debtor may subpoena and examine witnesses. If it appears that the judgment debtor has any …
At any time after a judgment is entered, a judgment creditor may serve written interrogatories relating to the judgment debtor’s property and financial affairs on a judgment debtor. The interrogatories may be personally served in the manner provided for summons or may be served by any form of mail addressed to the judgment debtor and requesting a receipt. Se…
For purposes of a bankruptcy petition, a resident of this state may use the federal exemptions provided in section 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. 522(d)) or the exemptions given to residents of this state under state law, but may not use both. If a resident of this state uses any of the federal exemptions provided in section 522(d) of the …
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]
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…
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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 wit…
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The judgment debtor’s claim of exemption shall, upon application of either plaintiff or judgment debtor, be adjudicated in a summary manner at a hearing in the court out of which the execution issues.
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All property of a judgment debtor, including franchises, or rights or interest in the judgment debtor’s property, is liable to an execution, except as provided in this section and in other statutes granting exemptions from execution. The following property of the judgment debtor, or rights or interest in the property, except as provided in ORS 18.305, is exe…
Funds that are exempt from execution under ORS 18.358, 18.385, 178.345, 238.445, 344.580, 407.595, 411.760, 414.095, 655.530, 656.234, 657.855 and 748.207 remain exempt when deposited in an account in a financial institution as long as the exempt funds are reasonably identifiable. Subsection (1) of this section does not apply to any accumulation of funds gr…
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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.
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As used in this section: “Beneficiary” means a person for whom retirement plan benefits are provided or their spouse. “Internal Revenue Code” means the federal Internal Revenue Code as amended and in effect on December 31, 1998. “Permitted contribution” means: A contribution that, at the time of the contribution, is not taxable income to the beneficiary …
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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.
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.
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As used in this section and ORS 18.385: “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. “Earnings” means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus or otherwise, and include…
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Except as provided in this section, 75 percent of the disposable earnings of an individual are exempt from execution. Except as provided in subsection (6) of this section, 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 th…
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Except as provided in paragraph (b) of this subsection, a homestead is 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 $150,000, except as otherwise provided by law. The exemption is effective without the necessity of a claim thereof by the judgment debtor. Whe…
It is the policy of this state: To afford protection to the debtor and the debtor’s family homestead through the homestead exemption; To maintain dependent children from the financial resources of both parents of those children; That the homestead exemption should not be permitted to serve as a shield for a debtor’s evasion of child support obligations; …
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A homestead described in ORS 18.395 consists, 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 may not exceed in value the applicable amount specified in ORS 18…
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ORS 18.395 to 18.422 do not apply to construction liens for work, labor or material done or furnished exclusively for the improvement of the homestead property, to purchase money liens, to mortgages lawfully executed, or to the enforcement of a seller’s rights under a land sale contract, as defined by ORS 18.960.
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At any time after the date of execution of an agreement to transfer the ownership of property in which a homestead exemption exists pursuant to ORS 18.395, the homestead owner or the owner’s transferee may give notice of intent to discharge the property from the judgment lien to a judgment creditor. Each notice must bear the caption of the action in which th…
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…
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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. 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 del…
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As used in ORS 18.600 to 18.850: “Account” means an account at a financial institution, including a master account or subaccount, to which an electronic payment may be directly routed. “Check” has the meaning given that term in ORS 73.0104. “Creditor” means a person to whom a debt is owed by a debtor. “Debt” means any monetary obligation for which a garn…
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.
Garnishment may be used to acquire garnishable property for application against the following debts: 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. If the writ of garnishment is issued pursuant to provisional process under ORCP 83 and 84, …
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 substanti…
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. If the court administrator is issuing a writ of garnishment, the date of issuance for the writ is th…
Only the following courts have authority over a writ of garnishment issued for the enforcement of a judgment: The court in which the judgment to be enforced was originally entered or first registered; The circuit court for the county in which a judgment debtor resides if the requirements of ORS 18.255 have been met; and The circuit court for the county in…
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 unexpi…
Notwithstanding ORS 18.615, the following are not garnishable property: Equitable interests, except to the extent allowed under ORS chapter 130. Property in the custody of the law. Property in the possession of a conservator. Property in the possession of a personal representative that constitutes the subject matter of a trust contained in a duly probate…
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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 79A.1020, to the extent that those amounts are …
For any property other than wages, a writ of garnishment acts to garnish only garnishable property of the debtor that is in the garnishee’s possession, control or custody at the time the writ is delivered, including money that is owed but not yet due. Except as provided in ORS 18.618 (2), a writ of garnishment acts to garnish all wages owed by the garnishee…
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 garnishee’s possession, contr…
A writ of garnishment may be issued only by a person specified in this section. The court administrator may issue a writ pursuant to ORS 18.638 and 18.640 only: 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; Pursuan…
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 …
The court administrator shall refuse to issue a writ of garnishment that is not substantially in the form required by ORS 18.830. 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: The inability of the court administ…
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. Notwithstanding ORS 18.607, a writ of garnishment is…
All of the following items must be delivered to a garnishee: The original writ of garnishment in substantially the form provided by ORS 18.830 or a copy of the writ. A garnishee response form in substantially the form provided by ORS 18.835. An instructions to garnishee form in substantially the form provided by ORS 18.838. A wage exemption calculation f…
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 addition…
Except as otherwise provided in this section, a writ of garnishment may be delivered to any of the following persons: 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 design…
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 copy of the writ of garnishment. The original of the debt calculation form. A notice of exemptions form in substantially the form provided by ORS …
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 gar…
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 garnish…
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. 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 posses…
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…
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. Except as provided in subsection (3) of this section, a garnishee response must be delivered by the garnishee not later than seven calendar days a…
A garnishee has no duty to prepare and deliver a garnishee response if: The writ of garnishment is not delivered to the garnishee within the time provided under ORS 18.609; The garnishor fails to serve the garnishee with all items required under ORS 18.650; The garnishee receives a release of garnishment issued under ORS 18.770; or Any other law or court…
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: If the garnishee discovers that a voluntary or involuntary bankruptcy petition has been filed by or on behalf…
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.
Except as provided in subsection (2) of this section, a garnishee who is required to deliver a garnishee response must mail or personally deliver: The original of the response to the garnishor; A copy of the response to the debtor; and A copy of the response to the court administrator for the court specified in the writ of garnishment as having authority …
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: The ga…
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: 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 To assert that prop…
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 …
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 orde…
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 othe…
A debtor’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…
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 court’s order allowing the challenge. If the …
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. The court shall order a creditor to return any property that is garnished under a writ of garnishment and that w…
Notwithstanding ORS 18.700 (2), if a writ of garnishment is issued pursuant to ORS 25.083, the debtor may: 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 File a challenge to the garnishment with the court administrator for the cour…
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…
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. Except as provided in ORS 18.645 and 18.745, a garnishor receiving a payment under a writ of garnishment must hold the payment fo…
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 …
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: The garnishee must make an initial payment when the garnishee next pays any wages to the debtor. The payment must be for all wages…
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 $2 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 pay…
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. The court administrator may return to the garnishee any payment received from the garnishee unless the garnis…
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 c…
If a garnishee makes payment to the garnishor, the payment shall be credited against the debt on the date the garnishor receives the payment. 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 appl…
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. (Property Subject to Sale by Sheriff)
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. The provisions of ORS 18.750 to 18.760 apply to: Except as provided in ORS 18.…
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 …
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 req…
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: Within 20 days after notice is sent to the garnishee under…
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 provide…
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: The sheriff, …
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: The amount required to satisfy the garnishment; or The value of t…
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 ti…
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 …
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.
No operative statutory text appears at this designation in the selected edition.
As used in this section: “Base protected account balance” means the amount not subject to garnishment calculated under subsection (2)(j) of this section. “Garnishment account review” means the review conducted under subsection (2)(c) of this section. “Lookback period” means the period described in subsection (2)(d) of this section. If a financial institu…
A financial institution is not liable to any account holder, garnishor or other financial institution, and may not be assessed any penalty, by reason of any action taken by the financial institution in good faith under ORS 18.785, including: Delivery or refusal to deliver any funds that are not subject to garnishment under ORS 18.785 to a garnishor; Provid…
A financial institution shall maintain records of account activity and actions taken by the financial institution in response to a garnishment that are adequate to demonstrate compliance with the requirements of ORS 18.785 for a period of not less than two years after the financial institution receives the writ of garnishment.
Except as provided in subsection (4) of this section, 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 search fee of $10 must be paid to the financial institution if the garnishor is the Department of Revenue. A search fee of $1…
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 garnishee’s possession, control or custody at the time the writ of garnishment is delivered is condit…
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…
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 wh…
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. Notwithstanding ORS 18.690, a garnishee who receives a writ of garnishment described in subsection (1) of this section ne…
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. Notwithstanding ORS 18.730, if a writ of garnishment is issued pursuant to an order for provisional process under ORCP 83 and 84, all paym…
A writ of garnishment must be in substantially the following form: ______________________________________________________________________________ ________ COURT COUNTY OF ________ ______ ) Plaintiff, ) WRIT OF ) GARNISHMENT ) vs. ) Case No. _____ ) ______ ) Defendant. ) TO: ________. You are now a Garnishee. AS A GARNISHEE, YOU NEED TO KNOW THE …
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. A debt calculation form must be in substantially the following form: ___________________________________________…
A garnishee response must be in substantially the following form: ______________________________________________________________________________ ________ COURT COUNTY OF ________ ______ ) Plaintiff, ) GARNISHEE ) RESPONSE vs. ) Case No. _____ ) ______ ) Defendant. ) The writ of garnishment was delivered to me on the ___ day of _____, 2__. The foll…
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…
A wage exemption calculation form must be delivered to the garnishee with each writ of garnishment. Except as provided in subsection (2) of this section, a wage exemption calculation form must be in substantially the following form: For wages paid on or after July 1, 2027, the garnishor is required to update this form with the applicable year and wage exempt…
A release of garnishment must be in substantially the following form: ______________________________________________________________________________ ________ COURT COUNTY OF ________ ______ ) Plaintiff, ) RELEASE OF ) GARNISHMENT vs. ) ) Case No. _____ ) ______ ) Defendant. ) TO: _______________ (Garnishee). A writ of garnishment was delivered t…
Except as provided in ORS 18.846, 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 refer…
If a judgment debtor’s debt arises out of a child support or spousal support obligation or a money award judgment that includes restitution, a notice of exemptions form must be in substantially the form set forth in this section. The notice form described in this section does not expand or restrict the law relating to exempt property. A determination as to w…
The notice given by a financial institution to a debtor under ORS 18.785 (3) must be in substantially the following form: ______________________________________________________________________________ ______________________ ______________________ ______________________ (Name, address of financial institution) IMPORTANT INFORMATION ABOUT YOUR ACCOUNT …
A challenge to garnishment form must be in substantially the following form: ______________________________________________________________________________ ________ COURT COUNTY OF ________ ______ ) CHALLENGE TO Plaintiff, ) GARNISHMENT ) vs. ) Case No. _____ ) ______ ) Defendant. ) THIS FORM MAY BE USED BY THE DEBTOR ONLY FOR THE FOLLOWING PURPOS…
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, 651.065, 657.396, 657.642, 657.646, 705.175 and 825.504, or any county tax collector authorized to issue wa…
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. 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 pr…
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. 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 debtor’s las…
A writ of execution may direct a sheriff to: 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. 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 amo…
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 a…
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…
If child support 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 child support 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 recor…
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. If the writ of exec…
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 de…
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 lon…
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 creditor’s attorney. The instructions may be delivered to the sheriff after the writ is delivered to the sheriff. The instructions must include: The names and addresses of the judgment creditor an…
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: Filing a notice of levy with the court if real property i…
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. The sheriff shall attach a notice to the property in substantially the following form: ______________________________________________________________________________ NOTICE: This property is to be …
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: Moves the property without authorization from the sheriff; Damages the property; or If the sheriff has rendered the property inoperable, uses the property without authorization from the sh…
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. A judgment creditor may seek an ex parte ord…
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: The sheriff has identified a specific person other than the judgment debtor who clai…
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. 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 enclosu…
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 r…
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 g…
Except as provided in subsection (2) of this section, a judgment debtor may use a challenge to execution form only: To claim such exemptions under a writ of execution as are permitted by law; and 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 …
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…
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 subseque…
If a judgment debtor’s debt arises out of a child support or spousal support obligation or a money award judgment that includes restitution, a challenge to execution form must be in substantially the form set forth in this section. The challenge to execution form described in this section does not expand or restrict the law relating to exempt property. A det…
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 …
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.
No operative statutory text appears at this designation in the selected edition.
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: Real property on which no more than four units designed to be used as dwellings are located. 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 reg…
No operative statutory text appears at this designation in the selected edition.
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. This section does not apply to writs of execution that direct the sheriff to sell specific property pursuant to the terms of the judgment. This section does not apply to a writ of execution issue…
No operative statutory text appears at this designation in the selected edition.
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: Indicates the amount of the money award or money awards, as re…
At least 10 days before the hearing on a motion filed under ORS 18.906, the judgment creditor must: 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 Send a copy of the motion and the notice by first class mail to the property at the…
No operative statutory text appears at this designation in the selected edition.
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. The court shall authorize sale of the property pursuant to a motion filed under ORS 18.906 unless the court finds: That the property is the homestead of the judgment de…
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: The name of the judgment debtor; and The name of any …
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. Before any execution sale of personal property, the sheriff shall: Mail copies of the notice of sale by first class mail and by…
Notwithstanding ORS 18.920, if perishable personal property is levied on by a sheriff: 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 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 …
Before conducting an execution sale of real property, a sheriff shall: Post notice of the sale on the website established under ORS 18.926 for at least 28 days; and Publish notice of the sale in a newspaper, as defined in ORS 193.010, in the county where the real property is located once a week for four successive weeks. The notice posted on the website a…
The elected sheriffs of this state shall establish and maintain a website where legal notices under ORS 18.860 to 18.993 may be posted. The sheriffs may enter into an intergovernmental agreement for establishing and maintaining the website. An intergovernmental agreement entered into under this section may establish fees for posting legal notices on a websi…
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…
A sheriff may postpone an execution sale to a specified date if: The sheriff is unable to conduct the sale at the place and time specified in the notice of the sale; The sheriff considers it appropriate to postpone the sale for want of purchasers; or For other sufficient cause. A sheriff shall postpone an execution sale to a specified date upon the reque…
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.
A judgment creditor that requested issuance of a writ of execution 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: Any unpaid sheriff’s fees for the execution sale; The amount of an exemption that the …
Except as provided in this section, a sheriff shall accept as payment from a purchaser of real property at an execution sale a cashier’s check or cash. Except as provided in this section, a sheriff shall accept any combination of cashier’s checks or cash that is adequate to pay the purchase price. A sheriff shall accept a cashier’s check as payment from a p…
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 b…
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 sh…
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: Securely attach to the main entrance of any dwelling unit upon the property a written notice stating that the property has been sold; and Send a copy …
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. 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 anothe…
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 sheriff’s return under ORS 18.872. If an objection to a sale is…
After the deduction of all sheriff’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 sheriff’s return on the writ. The court shall enter an order of distribution for the proc…
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 p…
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 18.9…
As used in ORS 18.960 to 18.985: “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. “Claimant” means a person who claims to have a right to redeem under ORS 18.960 to 18.985. “Land sale contract” means a contract for the transfer or conveyance of an …
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. 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. The right of a seller to recei…
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: The judgment debtor; A mortgagor whose interest in the property was sold at the execution sale; Any person with a lien against the property that has a priority that is inferior to the claim of the judgment creditor;…
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. Except as provided in subsection (3) of this section, the ability of a lien claimant to redeem property sold at an execution sale e…
If a person purchases residential real property after a complaint has been filed to foreclose a lien on the real property and before the end of the redemption period provided under ORS 18.964, the purchaser shall provide the following notice in clear and conspicuous type, 14-point or larger, to the seller before purchasing the real property: _______________…
Subject to ORS 18.968, a claimant may redeem property from the purchaser at an execution sale by paying to the sheriff: The amount paid by the purchaser at the execution sale, with interest at the rate of nine percent per annum from the date of sale; The amount of any taxes paid by the purchaser on the property, with interest at the rate of nine percent pe…
Subject to ORS 18.968, a claimant may redeem property from a redemptioner by paying to the sheriff: The amount paid by the redemptioner, with interest at the rate of nine percent per annum from the date of payment; The amount owing on the lien of the redemptioner, unless the payment is made by a lien claimant whose lien has a priority that is superior to t…
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. 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 s…
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 fo…
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. The filing of an objection und…
A certificate holder shall respond to a redemption notice if: The notice requests an accounting under ORS 18.980; or The certificate holder objects to the redemption amount specified in the notice. 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 effectiv…
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. The filing of an objection under this section does not affect the req…
Except as provided in ORS 18.980 (2) and (4), unless a certificate holder has indicated a lower redemption amount in the certificate holder’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…
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 sheriff’s possession. The court shall schedule a hearing on an objection filed under ORS 18.971 or 18.973 as soon as possible. If a certificate holder files an objection under ORS 18.971, …
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: The amount of a…
Except as provided in this section, a sheriff shall accept as payment from a claimant a cashier’s check or cash. Except as provided in this section, a sheriff shall accept any combination of cashier’s checks or cash that is adequate to pay the redemption amount. A sheriff shall accept a cashier’s check as payment only if the cashier’s check is made payable …
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 redemptioner’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 acquir…
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 sal…
Unless the property is redeemed by the judgment debtor, upon request of the certificate holder and payment of the fee required by ORS 21.300 (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 so…
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. A manufactured dwelling or floating ho…
Except as provided in this section, 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 must be levied on and sold in the same manner as provided for real property under ORS 18.860 to 18.993. The legal description required by ORS 18.875 (1)(e) in instructions…
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: May not be sold pursuant to a writ of garnishment; May be sold only under a writ of execution in conjunction with a sale of the seller’s interest in the real property; and Must be levied on and sold in the same manner as prov…
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: An order or judgment specifically authorizes the sale of the equitable interest; and The writ of execution specifically directs the sale of the equitable interest. If a writ of execution specifically directs the sale…
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…
Nothing in ORS 18.860 to 18.993 affects the ability of a court to direct seizure of property under ORS 18.268 (2).
As used in this section: “Foreclosed residential real property” means residential property, as defined in ORS 18.901, that an owner obtains as a result of: Foreclosing a trust deed on the residential property; or Receiving a judgment that forecloses a lien on the residential property. “Neglect” means: To fail or a failure to maintain the buildings, grou…
This section establishes the right of a plaintiff to recover amounts related to a plaintiff’s attempts 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: When a plaintiff receives moneys under a garnishment, attachment or payment, the plaintiff may proceed as follows…