Oregon Law
Law as of Jan 1, 2024
Chapter contents
18.005Definitions 18.010[Amended by 1977 c.208 §1; 1979 c.284 §50; repealed by 1981 c.898 §53] 18.015Statutory references to decrees and judgments 18.020[Repealed by 1979 c.284 §199] 18.025Courts subject to chapter 18.028Authority of Chief Justice 18.029Effect of chapter on use of judgment 18.030[Amended by 1973 c.207 §1; 1977 c.616 §1; repealed by 1981 c.898 §53] 18.031Contents of supplemental judgments 18.035Preparation of judgment document 18.038Form of judgment document generally 18.040[Repealed by 1981 c.898 §53] 18.042Judgment in civil action that includes money award 18.048Judgment in criminal action that contains money award 18.049Adjustments to money awards 18.050[Amended by 1959 c.638 §6; repealed by 1981 c.898 §53] 18.052Duty of judge with respect to form of judgment document 18.058Duty of court administrator with respect to form of judgment document 18.060[Amended by 1979 c.284 §51; repealed by 1981 c.898 §53] 18.062Use of electronic judgment forms 18.070[Repealed by 1981 c.898 §53] 18.075Entry of judgments in circuit courts generally 18.078Notice of entry of judgment in circuit court civil action 18.080[Amended by 1971 c.365 §1; repealed by 1981 c.898 §53] 18.082Effect of entry of judgment 18.090[Amended by 1979 c.284 §52; repealed by 1981 c.898 §53] 18.100[Repealed by 1981 c.898 §53] 18.105[1975 c.106 §1; 1977 c.208 §2; repealed by 1979 c.284 §199] 18.107Corrections to civil judgments 18.110[Repealed by 1981 c.898 §53] 18.112Correction of designation of judgment as general judgment 18.115[1975 c.623 §12; 1979 c.284 §53; repealed by 1981 c.898 §53] 18.120[Repealed by 1981 c.898 §53] 18.125[1977 c.208 §3; repealed by 1981 c.898 §53] 18.130[Repealed by 1977 c.208 §5] 18.135[Formerly 15.100; repealed by 1981 c.898 §53] 18.140[Amended by 1957 c.348 §1; 1973 c.207 §2; repealed by 1979 c.284 §199] 18.150Judgment liens in circuit courts 18.152Establishing judgment liens in other counties 18.154Appeal; motion to eliminate lien 18.158Judgment lien based on judgment for child support or spousal support entered in another state 18.160[Repealed by 1981 c.898 §53] 18.162Judgment lien based on justice and municipal court judgments; satisfaction filing fee 18.165Priority of judgment lien over unrecorded conveyance 18.170Form for lien record abstract; rules 18.180Expiration of judgment remedies in circuit court 18.182Extension of judgment remedies 18.185Extension of judgment lien of spousal support award 18.190Spousal support awards in judgments entered before January 1, 2004 18.192[2003 c.576 §22; repealed by 2015 c.212 §20] 18.194Expiration and extension of judgment remedies for justice and municipal court judgments 18.200Release of lien 18.202Reinstatement of lien 18.205Assignment of judgment 18.210[Repealed by 1979 c.284 §199] 18.220[Repealed by 1979 c.284 §199] 18.225Satisfaction of money awards generally 18.228Satisfaction of support awards payable to Department of Justice 18.230[Amended by 1967 c.466 §1; 1975 c.134 §1; repealed by 1979 c.284 §199] 18.232Alternate method for satisfaction of support awards payable to Department of Justice 18.235Motion to satisfy money award 18.238Proceedings after discharge in bankruptcy 18.240[Repealed by 1979 c.284 §199] 18.242Contribution among judgment debtors; subrogation of surety 18.245Jurisdictional requirements 18.250[Repealed by 1979 c.284 §199] 18.252Execution 18.255Enforcement of judgment by circuit court for county where debtor resides 18.260[Amended by 1971 c.224 §1; repealed by 1979 c.284 §199] 18.265Debtor examination 18.268Conduct of debtor examination; seizure of property 18.270Written interrogatories 18.300Resident entitled to use federal exemptions or state exemptions in bankruptcy 18.305Property not exempt from execution for purchase price 18.310[Amended by 1967 c.471 §1; repealed by 1979 c.284 §199] 18.312Execution not to issue against property of deceased party; exception 18.315[1999 c.788 §15; repealed by 2003 c.576 §580] 18.318Execution against property in possession or control of public officer or agency 18.320[Amended by 1961 c.151 §1; 1983 c.405 §1; 1983 c.696 §3; 1985 c.343 §1; 1987 c.586 §3; 1989 c.768 §5; 1993 c.223 §2; 1997 c.801 §59; 1999 c.80 §31; 1999 c.788 §18; repealed by 2003 c.576 §580] 18.322Adjudication of claim of exemption 18.325[1987 c.586 §2b; 1989 c.171 §2; 1999 c.59 §6; 1999 c.80 §32; 1999 c.195 §5; 2003 c.73 §13; 2003 c.576 §570; renumbered 18.170 in 2003] 18.330[Repealed by 1959 c.558 §29 (18.335 enacted in lieu of 18.330)] 18.335[1959 c.558 §30 (enacted in lieu of 18.330); 1979 c.284 §54; 1983 c.405 §2; 1987 c.873 §21; 1997 c.340 §5; 1997 c.872 §16; 2001 c.249 §67; repealed by 2003 c.576 §580] 18.340[Repealed by 1959 c.558 §51] 18.345Exempt personal property generally 18.348Certain funds exempt when deposited in account; limitation 18.350[Amended by 1961 c.151 §2; 1983 c.405 §3; 1983 c.696 §3a; 1985 c.343 §2; 1987 c.586 §4; 1993 c.523 §1; 1997 c.71 §13; 1997 c.801 §66; 1999 c.195 §1; 1999 c.788 §21a; repealed by 2003 c.576 §580] 18.352Proceeds of casualty and indemnity insurance attachable on execution 18.355[1999 c.788 §16; 2003 c.576 §93; renumbered 18.162 in 2003] 18.358Certain retirement plans exempt from execution; exceptions 18.360[Amended by 1983 c.405 §4; 1983 c.696 §32a; 1985 c.343 §3; 1987 c.586 §5; 1993 c.716 §1; 1993 c.763 §6; 1995 c.79 §5; 1997 c.801 §103; 1999 c.788 §22; repealed by 2003 c.576 §580] 18.362Exemption for firearms 18.364Prohibition on demanding firearms 18.365[1999 c.788 §17; 2003 c.576 §94; renumbered 18.194 in 2003] 18.370[Amended by 1987 c.586 §6; 2003 c.576 §45a; renumbered 18.165 in 2003] 18.375Definitions 18.380[Repealed by 1985 c.343 §14] 18.385Wage exemption 18.390[Amended by 1961 c.151 §3; 1983 c.696 §4; repealed by 1985 c.343 §14] 18.395Homestead exemption 18.398Denial of homestead exemption when judgment is for child support 18.400[Amended by 1965 c.619 §7; 1979 c.694 §1; 1983 c.696 §5; 1985 c.343 §4; 1985 c.496 §18; 1985 c.610 §2; 1987 c.586 §7; 1993 c.33 §275; 1995 c.608 §20; 1997 c.123 §1; 1997 c.704 §12; 1999 c.788 §23; 2001 c.900 §235; 2003 c.73 §14; repealed by 2003 c.576 §580] 18.402Limitations on homestead exemption 18.405[1979 c.694 §3; 2001 c.334 §1; repealed by 2003 c.576 §580] 18.406Exemption not applicable to certain liens, mortgages and interests 18.410[Amended by 1985 c.540 §26; 1987 c.586 §8; 1989 c.768 §6; 1999 c.788 §24; repealed by 2003 c.576 §580] 18.412Notice of intent to discharge judgment lien against homestead 18.415Objections to discharge; hearing 18.420[Amended by 1961 c.538 §1; 1987 c.586 §9; 1991 c.696 §1; 1999 c.788 §25; 2003 c.576 §571; renumbered 18.238 in 2003] 18.422Release of judgment lien 18.425[1987 c.774 §29; 1997 c.801 §123; 1999 c.788 §26; repealed by 2001 c.779 §10] 18.428[Formerly 23.164; 2005 c.542 §59a; 2005 c.568 §24; repealed by 2009 c.612 §9] 18.430[Amended by 1987 c.586 §10; renumbered 18.242 in 2003] 18.440[1971 c.665 §1; 1975 c.269 §1; renumbered 31.800 in 2003] 18.445[1975 c.269 §2; renumbered 31.805 in 2003] 18.450[1975 c.269 §3; 1995 c.696 §1; renumbered 31.810 in 2003] 18.455[1975 c.269 §4; 1995 c.696 §2; renumbered 31.815 in 2003] 18.460[1975 c.269 §5; renumbered 31.820 in 2003] 18.465[2003 c.576 §34; repealed by 2005 c.542 §73] 18.468[2003 c.576 §35; 2005 c.568 §24a; repealed by 2005 c.542 §§73,73a] 18.470[1971 c.668 §1; 1975 c.599 §1; 1995 c.696 §3; renumbered 31.600 in 2003] 18.472[2003 c.576 §36; 2005 c.542 §60; renumbered 18.867 in 2005] 18.475[1975 c.599 §4; renumbered 31.620 in 2003] 18.476[2003 c.576 §37; repealed by 2005 c.542 §73] 18.478[Formerly 23.410; repealed by 2005 c.542 §73 and 2005 c.568 §42] 18.480[1975 c.599 §2; 1995 c.79 §6; 1995 c.696 §4; renumbered 31.605 in 2003] 18.482[Formerly 23.310; repealed by 2005 c.542 §73] 18.485[1975 c.599 §3; 1987 c.774 §7; 1995 c.696 §5; renumbered 31.610 in 2003] 18.486[Formerly 23.440; repealed by 2005 c.542 §73] 18.490[1975 c.599 §5; renumbered 31.615 in 2003] 18.492[2003 c.576 §38; repealed by 2005 c.542 §73] 18.494[2003 c.576 §39; repealed by 2005 c.542 §73] 18.500[Formerly 41.950; renumbered 31.550 in 2003] 18.505[2003 c.576 §40; 2005 c.542 §61; 2005 c.568 §25; renumbered 18.892 in 2005] 18.508[2003 c.576 §41; renumbered 18.894 in 2005] 18.510[1971 c.331 §6; 1975 c.784 §14; 1981 c.892 §85c; 1981 c.898 §17; renumbered 31.555 in 2003] 18.512[2003 c.576 §42; 2005 c.456 §5; 2005 c.542 §61b; 2005 c.568 §25a; renumbered 18.896 in 2005] 18.515[2003 c.576 §43; renumbered 18.898 in 2005] 18.518[2003 c.576 §44; renumbered 18.899 in 2005] 18.520[Formerly 41.960; renumbered 31.560 in 2003] 18.530[Formerly 41.970; renumbered 31.565 in 2003] 18.532[Formerly 23.450; repealed by 2005 c.542 §73] 18.535[1995 c.688 §3; 2003 c.552 §1; renumbered 31.725 in 2003] 18.536[Formerly 23.445; repealed by 2005 c.542 §73] 18.537[1995 c.688 §2; renumbered 31.730 in 2003] 18.538[Formerly 23.460; repealed by 2005 c.542 §73] 18.540[1987 c.774 §3; 1991 c.862 §1; 1995 c.688 §1; 1997 c.73 §1; renumbered 31.735 in 2003] 18.542[Formerly 23.470; repealed by 2005 c.542 §73] 18.545[Formerly 23.480; repealed by 2005 c.542 §73] 18.548[Formerly 23.490; repealed by 2005 c.542 §73] 18.550[1987 c.774 §4; 1989 c.721 §45; 1989 c.782 §34; 1995 c.280 §28; 1999 c.537 §1; renumbered 31.740 in 2003] 18.552[Formerly 23.515; repealed by 2005 c.542 §73] 18.555[Formerly 23.500; repealed by 2005 c.542 §73] 18.560[1987 c.774 §6; renumbered 31.710 in 2003] 18.562[Formerly 23.510; repealed by 2005 c.542 §73] 18.565[Formerly 23.520; repealed by 2005 c.542 §73] 18.568[Formerly 23.530; repealed by 2005 c.542 §73] 18.570[1987 c.774 §7a; 1995 c.696 §6; renumbered 31.705 in 2003] 18.572[Formerly 23.540; repealed by 2005 c.542 §73] 18.578[Formerly 23.550; repealed by 2005 c.542 §73] 18.580[1987 c.774 §9; 2003 c.576 §232; renumbered 31.580 in 2003] 18.582[Formerly 23.560; repealed by 2005 c.542 §73] 18.585[Formerly 23.570; repealed by 2005 c.542 §73] 18.588[Formerly 23.580; repealed by 2005 c.542 §73] 18.590[1989 c.1074 §1; renumbered 31.760 in 2003] 18.592[1999 c.1065 §1; renumbered 31.715 in 2003] 18.594[Formerly 23.590; repealed by 2005 c.542 §73] 18.598[Formerly 23.600; repealed by 2005 c.542 §73] 18.600Definitions 18.602Garnishment described 18.605Debts subject to garnishment; when writ may be issued on debt 18.607Form of writ; single writ for two or more debtors 18.609Validity of writ after issuance 18.610Court with authority over writ 18.615Garnishable property generally 18.618Property not subject to garnishment 18.619[2009 c.430 §2; 2011 c.733 §2; renumbered 18.784 in 2011] 18.620Setoff for certain amounts payable to underlying lienholders 18.625Duration of writ’s effect 18.627Multiple writs 18.635Who may issue writs 18.638Writs issued by court administrators generally 18.640Grounds for denying issuance of writ 18.645Writs issued by Division of Child Support or district attorney; rules 18.650Items required to be delivered to garnishee 18.652Manner of delivery; delivery fee 18.655Proper person to receive writ 18.658Documents to be delivered to debtor 18.665Duties generally 18.668Immunity by payment to court administrator or delivery to sheriff 18.670Exceptions to garnishee’s duties 18.672Duties of personal representative who is garnished 18.680Response required; time 18.682When response not required 18.685Contents of response; manner of making payment 18.688Response of garnishee who is employer of debtor 18.690Delivery of garnishee response 18.692Supplemental garnishee response 18.700Manner of making challenge to garnishment 18.702Notice to garnishor and garnishee of challenge to garnishment 18.705Duties of garnishor and creditor created by challenge to garnishment 18.708Duties of garnishee created by challenge to garnishment 18.710Hearing on challenge to garnishment 18.712Allowance or denial of challenge 18.715Sanctions 18.718Special procedures for writs issued for past due support 18.725Claim by person other than debtor for all or part of garnished property 18.730Payment of money under writ; garnishor’s duty to hold payments 18.732Money owed to debtor that is due within 45 days 18.735Payment of wages subject to garnishment 18.736Processing fee 18.738Acceptance or rejection of payments by court administrator 18.740Payments erroneously sent to court 18.742Crediting of payments against debt 18.745Excess payments 18.750Application of ORS 18.750 to 18.760 18.752Garnishee duties 18.755Request for sale; sheriff’s fees 18.758Sheriff’s sale 18.760Challenge to garnishment 18.770Release of garnishment 18.775Liability of garnishee 18.778Order to appear 18.780Pleadings; default judgment 18.782Hearing 18.784Certain financial institution deposits not subject to garnishment; garnishment account review 18.785Duties of financial institution; notice to account holder 18.787Liability of financial institution 18.788Compliance records 18.790Search fee; garnishment processing fee 18.792Safe deposit boxes 18.795Setoff for amounts owing to financial institution 18.798Effect of garnishment served on financial institution 18.800Special procedures for writs issued to enforce agency orders or warrants 18.810Use of writ for provisional process 18.830Writ of garnishment form 18.832Debt calculation form 18.835Garnishee response form 18.838Instructions to garnishee form 18.840Wage exemption calculation form 18.842Release of garnishment form 18.845Notice of exemptions form; instructions for challenge to garnishment 18.847Notice to debtor of garnishment account review 18.850Challenge to garnishment form 18.854Notices of garnishment generally 18.855Notices of garnishment issued by state agencies 18.857Notice of garnishment issued by county tax collector 18.860Function of writ 18.862Form of writ 18.865Court administrator to issue writ 18.867Issuance of writs for certain judgments awarding child support 18.868Sheriff to whom writ is issued 18.870Recording of writ 18.872Return on writ of execution 18.875Instructions to sheriff 18.878Manner of levying on property 18.880Alternative procedure for levying on tangible personal property 18.882Criminal penalty for moving, using or damaging secured property 18.884Levying on intangible personal property 18.886Creditor’s bond 18.887Forcible entry for purpose of levying on personal property 18.888Notice of levy 18.890Debtor’s bond 18.892Challenge to writ of execution 18.894Notice of challenge to execution 18.896Challenge to execution form 18.898Hearing on challenge to execution 18.899Sanctions 18.900[2001 c.249 §81; 2003 c.85 §23; 2003 c.578 §3; 2003 c.663 §3; 2005 c.336 §3; renumbered 18.854 in 2005] 18.901Definition of residential property 18.902[2001 c.249 §§82,82a; 2002 s.s.3 c.7 §2; 2003 c.75 §22; renumbered 18.855 in 2005] 18.904Order required for sale of residential property; exceptions 18.905[2001 c.249 §83; renumbered 18.857 in 2005] 18.906Motion for order authorizing sale of residential property 18.908Notice of motion for order authorizing sale of residential property 18.910[Formerly 29.367; 2003 c.576 §572a; 2005 c.542 §67; 2005 c.702 §95; renumbered 18.999 in 2005] 18.912Hearing on motion for order authorizing sale of residential property 18.918Person entitled to written notice of sale 18.920Notice of sale of personal property 18.922Expedited sale of perishable personal property; expedited sale to prevent loss of value 18.924Notice of sale of real property 18.926Legal notices website; posting fee 18.930Conduct of sale generally; county fee 18.932Postponement of sale; rules 18.934Amount of property to be sold; sheriff and deputies may not purchase 18.936Bid by judgment creditor 18.938Manner of payment 18.940Bill of sale for personal property 18.942Sheriff’s certificate of sale for real property 18.944Notice of completed sale 18.946Possession after sale; right to rents or value of use 18.948Confirmation of sale of real property 18.950Delivery and distribution of proceeds; satisfaction document 18.952Effect of sale on judgment debtor’s or mortgagor’s title; effect of redemption by judgment debtor or mortgagor 18.954Conduct of sale pursuant to court rule or terms of order or judgment 18.960Definitions 18.962Property that may be redeemed 18.963Who may redeem 18.964Time for redemption 18.965Notice to seller before end of redemption period 18.966Redemption amount payable to purchaser 18.967Redemption amount payable to redemptioner 18.968Setoff for rents, income and profits realized by certificate holder; certificate holder’s lien for crops and amounts expended to prevent waste 18.970Redemption notice 18.971Objection to redemption notice 18.972Response to redemption notice 18.973Objection to response 18.975Payment of redemption amount 18.978Court proceedings on objections 18.980Accounting 18.981Manner of payment 18.982Redemptioner must provide sheriff with address 18.983Court may restrain waste 18.985Sheriff’s deed 18.986Manufactured dwellings and floating homes 18.987Purchaser’s interest in land sale contract; leasehold interest in land with unexpired term of more than two years 18.988Seller’s right to receive payments under land sale contract 18.989Equitable interests in property 18.992Referral of disputes to court 18.993Effect of ORS 18.860 to 18.993 on court’s ability to direct seizure 18.995Owner not allowed to neglect foreclosed residential real property; local government to notify owner of violation; lien for unreimbursed costs 18.999Recovery of amounts related to attempts to recover debt or enforce judgment

Chapter 18 — Judgments

ORS 18.635 Who may issue writs

(1)

A writ of garnishment may be issued only by a person specified in this section.

(2)

The court administrator may issue a writ pursuant to ORS 18.638 and 18.640 only:

(a)

For the enforcement of a judgment that requires the payment of money and that has been entered in the register of a circuit court or docketed in the docket of a justice or municipal court;

(b)

Pursuant to an order for provisional process under ORCP 83 and 84; or

(c)

On behalf of a complainant or claimant under an order recorded pursuant to ORS 671.707 or 701.153, if the complainant or claimant has complied with the requirements of ORS 205.126.

(3)

An attorney who is an active member of the Oregon State Bar may issue a writ for the purpose of enforcing:

(a)

A judgment that requires payment of money and that has been entered in the register of a circuit court of this state or docketed in the docket of a justice or municipal court of this state; and

(b)

An order or warrant that an agency has recorded in the County Clerk Lien Record as authorized by law, including any order that has been recorded pursuant to ORS 671.707 or 701.153.

(4)

The administrator, as defined in ORS 25.010, may issue writs of garnishment only for the collection of past due support. Writs issued under this subsection are subject to the provisions of ORS 18.645.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.