ORS 18.194 Expiration and extension of judgment remedies for justice and municipal court judgments

(1)

Judgment remedies for a judgment in justice and municipal courts expire upon full satisfaction of the money award portion of the judgment.

(2)

Except as provided in this section, judgment remedies for a judgment in a civil action in a justice or municipal court expire 10 years after the entry of the judgment.

(3)

Except as provided in this subsection, judgment remedies for a judgment in a criminal action in a justice or municipal court expire 20 years after the entry of the judgment. Judgment remedies for a judgment in a criminal action in a justice or municipal court that includes a money award for restitution expire 50 years after the entry of the judgment.

(4)

Judgment remedies for a judgment in justice or municipal court may be extended by filing a certificate of extension in the court that entered the judgment. The clerk shall enter the certificate in the docket of the court. A judgment creditor may file a certificate of extension only if:

(a)

Judgment remedies for the judgment have not expired; and

(b)

A full satisfaction document for the money award portion of the judgment has not been filed.

(5)

Notwithstanding subsection (4) of this section, if the judgment debtor has been discharged from debt under federal bankruptcy laws, a certificate of extension may not be filed except as provided in this subsection. Judgments are presumed to have not been discharged in bankruptcy until the judgment debtor establishes that the judgment has been discharged. If the judgment debtor is discharged from a debt, a certificate of extension may be filed if:

(a)

The debtor owned real property and the judgment lien attached to that property before the filing of the bankruptcy petition;

(b)

The judgment lien was not avoided by action of the bankruptcy court;

(c)

The judgment lien has not been discharged under ORS 18.238; and

(d)

The certificate of extension includes a legal description of the real property and a statement that the extension affects only the lien on the real property described in the certificate.

(6)

If a certificate of extension is filed under this section after the date on which the judgment remedies for the judgment expire, the certificate has no effect.

(7)

The judgment remedies for a judgment that are extended under the provisions of this section expire 10 years after the certificate of extension is filed. Judgment remedies for a judgment may be extended only once under the provisions of this section.

(8)

A certified copy of a certificate of extension, or a lien record abstract for the certificate, may be recorded in any county in which the judgment was transcribed or recorded as provided in ORS 52.635 or 221.351, with the effect provided by ORS 18.152 (4).

(9)

The judgment remedies for a judgment in a criminal action may not be extended under this section.

Note: See note under 18.048.