Chapter 576 Oregon Laws 2003
AN ACT
HB 2646
Relating to judgments; creating new provisions; amending ORS 1.010, 1.655, 3.070, 3.260, 3.315, 3.425, 5.090, 5.120, 5.125, 7.010, 7.140, 7.160, 7.211, 9.330, 9.380, 9.536, 9.655, 9.735, 12.085, 18.325, 18.355, 18.365, 18.370, 18.420, 18.580, 18.600, 18.605, 18.607, 18.609, 18.610, 18.635, 18.638, 18.640, 18.645, 18.668, 18.672, 18.690, 18.700, 18.702, 18.705, 18.708, 18.710, 18.712, 18.718, 18.725, 18.730, 18.738, 18.740, 18.742, 18.752, 18.755, 18.770, 18.800, 18.810, 18.830, 18.832, 18.835, 18.838, 18.845, 18.910, 19.005, 19.205, 19.215, 19.270, 19.275, 19.345, 19.355, 19.415, 19.425, 19.445, 19.450, 20.077, 20.160, 21.020, 21.111, 21.325, 21.605, 21.607, 21.660, 23.160, 23.242, 23.280, 23.290, 23.300, 23.410, 23.445, 23.490, 23.530, 23.570, 24.115, 24.125, 24.129, 24.290, 24.305, 25.020, 25.025, 25.070, 25.080, 25.083, 25.100, 25.110, 25.167, 25.245, 25.255, 25.287, 25.670, 25.690, 25.710, 28.010, 28.050, 28.060, 28.070, 28.080, 28.150, 30.390, 33.125, 33.420, 33.460, 33.510, 33.720, 34.330, 34.360, 34.362, 34.600, 34.610, 34.710, 34.720, 35.265, 36.350, 36.425, 46.485, 46.488, 46.570, 52.600, 52.635, 58.377, 59.115, 59.127, 59.131, 59.265, 59.305, 59.895, 59.910, 60.671, 62.365, 62.695, 62.704, 63.621, 63.671, 65.671, 65.757, 65.870, 70.330, 72.7160, 72A.5210, 87.146, 87.342, 87.435, 87.445, 87.450, 87.455, 87.460, 87.470, 87.475, 87.480, 87.490, 87.585, 88.010, 88.020, 88.050, 88.060, 88.070, 88.080, 88.090, 88.100, 88.710, 93.190, 93.643, 93.730, 93.810, 94.816, 97.580, 97.890, 97.900, 97.920, 105.140, 105.240, 105.245, 105.260, 105.265, 105.270, 105.285, 105.360, 105.405, 105.580, 105.624, 105.755, 105.760, 105.860, 105.865, 105.890, 105.905, 106.030, 106.190, 107.005, 107.015, 107.025, 107.036, 107.065, 107.085, 107.095, 107.104, 107.105, 107.108, 107.115, 107.135, 107.159, 107.169, 107.174, 107.179, 107.400, 107.407, 107.412, 107.415, 107.425, 107.431, 107.445, 107.449, 107.455, 107.465, 107.475, 107.500, 107.765, 107.820, 107.835, 108.120, 109.015, 109.041, 109.053, 109.070, 109.096, 109.100, 109.119, 109.155, 109.165, 109.305, 109.307, 109.309, 109.311, 109.322, 109.324, 109.326, 109.335, 109.342, 109.346, 109.350, 109.353, 109.360, 109.381, 109.400, 109.410, 109.672, 109.704, 109.737, 114.135, 116.083, 116.093, 116.113, 116.203, 116.213, 116.253, 118.350, 118.830, 128.001, 128.005, 128.720, 135.280, 137.010, 137.071, 137.107, 137.270, 137.452, 138.083, 138.640, 138.650, 147.355, 153.820, 156.220, 161.327, 161.665, 161.715, 166.725, 167.162, 169.340, 180.360, 180.380, 183.485, 183.500, 205.125, 205.126, 205.515, 206.110, 221.346, 221.351, 221.785, 223.565, 223.593, 223.645, 225.300, 226.600, 226.620, 237.600, 238.462, 238.465, 243.507, 261.330, 261.615, 264.220, 267.225, 267.385, 273.880, 305.440, 305.589, 311.615, 311.630, 311.691, 312.060, 312.070, 312.080, 312.090, 312.100, 312.110, 312.120, 312.122, 312.125, 312.130, 312.170, 312.190, 312.210, 312.220, 312.230, 312.240, 312.300, 312.360, 314.423, 316.567, 319.182, 319.742, 320.080, 321.570, 323.390, 323.610, 324.190, 327.480, 332.030, 334.095, 341.335, 358.925, 358.928, 373.060, 407.135, 407.215, 407.295, 411.650, 416.400, 416.422, 416.425, 416.427, 416.429, 416.440, 416.443, 417.060, 418.032, 419A.004, 419B.328, 419B.402, 419B.406, 419B.529, 419B.552, 419B.555, 419B.558, 419C.450, 419C.592, 419C.597, 432.230, 432.235, 432.408, 432.415, 453.065, 465.235, 465.325, 465.327, 471.650, 471.655, 475A.110, 517.100, 517.320, 523.420, 543.550, 545.253, 545.502, 545.504, 545.577, 545.579, 545.637, 545.639, 545.659, 545.663, 547.055, 547.215, 547.220, 547.235, 547.240, 547.245, 547.250, 547.255, 547.260, 548.110, 548.120, 548.350, 548.510, 548.945, 548.955, 552.710, 553.560, 553.570, 558.345, 583.106, 608.310, 616.295, 618.516, 645.220, 646.189, 646.632, 648.081, 656.440, 656.566, 657.396, 657.545, 657.557, 657.642, 658.415, 658.735, 663.205, 663.210, 663.220, 663.230, 673.732, 674.850, 679.165, 689.135, 696.585, 697.063, 708A.175, 709.170, 709.350, 709.430, 711.250, 711.554, 716.790, 722.068, 731.112, 731.258, 731.988, 732.529, 733.610, 734.440, 734.510, 743.601, 744.013, 756.600, 756.610, 756.990, 758.465, 759.565, 759.990, 772.030, 802.179, 809.410, 823.991 and 825.504 and section 14, chapter 666, Oregon Laws 2001, sections 35 and 37, chapter 780, Oregon Laws 2001, section 7, chapter 402, Oregon Laws 2003 (Enrolled Senate Bill 245), section 2, chapter 146, Oregon Laws 2003 (Enrolled House Bill 2645), and section 19, chapter 598, Oregon Laws 2003 (Enrolled House Bill 2279), and ORCP 32 F, 32 M, 47 H, 63 E, 67 A, 67 B, 67 G, 68 C, 72 D, 81 A, 84 A, 84 B and 84 C; and repealing ORS 7.040, 18.315, 18.320, 18.335, 18.350, 18.360, 18.400, 18.405, 18.410, 23.005, 23.030, 23.040, 23.050, 23.060, 23.070, 23.320, 23.330, 23.340, 23.350, 23.425, 23.710, 23.720, 23.730, 25.700, 107.126, 107.142, 137.073 and 137.180 and ORCP 70.
Be It Enacted by the People of the State of
DEFINITIONS
SECTION
1. Definitions. As used
in sections 1 to 44 of this 2003 Act:
(1)
“Action” means any proceeding commenced in a court in which the court may
render a judgment.
(2)
“Child support award” means a money award or agency order that requires the
payment of child support in installments and that is entered under ORS 108.010
to 108.550, 416.310 to 416.340, 416.400 to 416.470, 416.510 to 416.990,
419B.400 or 419C.590 or ORS chapter 25, 107, 109 or 110.
(3)
“Civil action” means any action that is not a criminal action.
(4)
“Claim” includes a charge in a criminal action.
(5)
“Court administrator” means a trial court administrator in a circuit court that
has a trial court administrator and the clerk of the court in all other courts.
(6)
“Criminal action” has the meaning given in ORS 131.005.
(7)
“Execution” means enforcement of the money award portion of a judgment or
enforcement of a judgment requiring delivery of the possession or sale of
specific real or personal property, by means of writs of execution, writs of
garnishment and other statutory or common law writs or remedies that may be
available under the law.
(8)
“General judgment” means the judgment entered by a court that decides all
claims in the action except:
(a)
A claim previously decided by a limited judgment; and
(b)
A claim that may be decided by a supplemental judgment.
(9)
“Judgment” means the concluding decision of a court on one or more claims in
one or more actions, as reflected in a judgment document.
(10)
“Judgment document” means a writing in the form provided by section 4 of this
2003 Act that incorporates a court’s judgment.
(11)
“Judgment lien” means the effect of a judgment on real property as described in
section 14 (2) and (3) of this 2003 Act for the county in which the judgment is
entered, and as described in section 15 (2) and (3) of this 2003 Act for a
county in which the judgment is recorded under section 15 of this 2003 Act.
“Judgment lien” includes any support arrearage lien attaching to real property
under section 14 (3) or 15 (3) of this 2003 Act.
(12)
“Judgment remedy” means:
(a)
The ability of a judgment creditor to enforce a judgment through execution; and
(b)
Any judgment lien arising under section 14 or 15 of this 2003 Act.
(13)
“Limited judgment” means a judgment rendered before entry of a general judgment
in an action that disposes of at least one but fewer than all claims in the
action and that is rendered pursuant to a statute or other source of law that
specifically authorizes disposition of fewer than all claims in the action.
“Limited judgment” includes:
(a)
A judgment entered under ORCP 67B or 67G;
(b)
A judgment entered before the conclusion of an action in a circuit court for
the partition of real property, defining the rights of the parties to the
action and directing sale or partition; and
(c)
An interlocutory judgment foreclosing an interest in real property.
(14)
“Money award” means a judgment or portion of a judgment that requires the
payment of money.
(15)
“Supplemental judgment” means a judgment that by law may be rendered after a
general judgment has been entered in the action and that affects a substantial
right of a party.
(16)
“Support arrearage lien” means a lien that attaches to real property under the
provisions of section 14 (3) or 15 (3) of this 2003 Act.
(17) “Support award” means a money award or agency order that requires the payment of child or spousal support in installments.
SECTION
1a. (1) References in the
statutes of this state to decrees include judgments, and references in the
statutes of this state to judgments include decrees.
(2) References in the statutes of this state to judgments of other states include decrees of other states, and references in the statutes of this state to decrees of other states include judgments of other states.
APPLICATION
SECTION 2. Courts subject to sections 1 to 44 of this 2003 Act. Except as specifically provided by sections 1 to 44 of this 2003 Act, the provisions of sections 1 to 44 of this 2003 Act apply to circuit courts, municipal courts and justice courts and to county courts performing judicial functions.
FORM OF JUDGMENT DOCUMENT
SECTION
3. Preparation of judgment
document. (1) In a civil action, the court may designate one of the parties
to prepare a proposed judgment document. If the court does not designate a
party to prepare a proposed judgment document, the prevailing party shall
prepare a proposed judgment document. If more than one party has prevailed in
the action, the prevailing parties may agree to designate one of the prevailing
parties to prepare a proposed judgment document. Nothing in this subsection
prevents any party to a civil action from preparing and submitting a proposed
judgment document to the court.
(2) In criminal actions and juvenile proceedings under ORS chapters 419B and 419C, the judge shall ensure that a judgment document complying with sections 4 and 6 of this 2003 Act is created and filed.
SECTION
4. Form of judgment document
generally. (1) A judgment document must be plainly titled as a judgment.
(2)
The title of a judgment document must indicate whether the judgment is a
limited judgment, a general judgment or a supplemental judgment. This
subsection does not apply to:
(a)
Justice courts, municipal courts and county courts performing judicial
functions.
(b)
Judgments in criminal actions.
(c)
Judgments in juvenile proceedings under ORS chapters 419B and 419C.
(3)
A judgment document must be separate from any other document in the action. The
judgment document may have attached affidavits, certificates, motions,
stipulations and exhibits as necessary or proper in support of the judgment.
(4)
A judgment document must include:
(a)
The name of the court rendering the judgment and the file number or other
identifier used by the court for the action or actions decided by the judgment;
(b)
The names of any parties in whose favor the judgment is given and the names of
any parties against whom the judgment is given; and
(c)
The signature of the judge rendering the judgment, or the signature of the
court administrator if the court administrator is authorized by law to sign the
judgment document, and the date the judgment document is signed.
(5) This section does not apply to any foreign judgment filed with a court under ORS 24.115 or 110.405.
SECTION
5. Judgment in civil action
that includes money award. (1) As a condition of creating a judgment lien,
the judgment document for a judgment in a civil action that includes a money
award must contain a separate section clearly labeled as a money award. Any
judgment in a civil action that includes a money award, but does not contain a
separate section clearly labeled as a money award, does not create a judgment
lien but may be enforced by any other judgment remedy.
(2)
As a condition of creating a judgment lien, the judgment document for a
judgment in a civil action that includes a money award must include all of the
following:
(a)
The name and address of each judgment creditor and the name, address and
telephone number of any attorney who represents one or more of the judgment
creditors.
(b)(A)
The name of each judgment debtor and, to the extent known by the judgment
creditor:
(i)
Address;
(ii)
Date of birth;
(iii)
Social Security number or tax identification number;
(iv)
Driver license number and the state of issuance; and
(v)
Name of any attorney for each judgment debtor.
(B)
A public body, as defined in ORS 174.109, shall not include the Social Security
number or driver license number of a judgment debtor if disclosure of the
Social Security number or driver license number violates federal law or any law
of this state.
(c)
The name of any person or public body, as defined in ORS 174.109, other than
the judgment creditor’s attorney, that is known by the judgment creditor to be
entitled to any portion of the money award.
(d)
The amount of the money award.
(e)
Any interest owed as of the date the judgment is entered in the register, either
as a specific amount or as accrual information, including the rate or rates of
interest, the balance or balances upon which interest accrues, the date or
dates from which interest at each rate on each balance runs, and whether
interest is simple or compounded and, if compounded, at what intervals.
(f)
Information about interest that accrues on the judgment after entry in the
register, including the rate or rates of interest, the balance or balances upon
which interest accrues, the date or dates from which interest at each rate on
each balance runs, and whether interest is simple or compounded and, if
compounded, at what intervals.
(g)
For monetary obligations that are payable on a periodic basis, any accrued
arrearages, required further payments per period and payment dates.
(h)
If the judgment requires the payment of costs and disbursements or attorney
fees, a statement indicating that the award is made, any specific amounts
awarded, a clear identification of the specific claims for which any attorney
fees are awarded and the amount of attorney fees awarded for each claim.
(3)
The information required by subsection (2) of this section must be set forth in
the money award section of the judgment document in the same order as the
requirements appear in subsection (2) of this section.
(4)
The separate section required by subsection (2) of this section must be placed
immediately above the judge’s or court administrator’s signature. The separate
section must be clearly labeled at its beginning as a money award. If the
judgment includes a support award, the label of the separate section must so
indicate. Except for information described in ORS 24.290, the separate section
of the judgment document may not contain any provision except the information
required by this section.
(5)
The requirements of this section are not jurisdictional for purposes of
appellate review.
(6) The provisions of this section do not apply to foreign judgments that are filed with a court under ORS 24.115 or 110.405. If a foreign judgment is filed with the court under ORS 24.115, the separate statement required by ORS 24.125 must be filed with the foreign judgment as a condition of the judgment creating a judgment lien.
SECTION
6. Judgment in criminal
action that contains money award. (1) If a judgment document in a criminal
action 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, and the judgment is for
conviction of a felony or misdemeanor, the court administrator shall note in
the register that the judgment creates a judgment lien if the judgment document
complies with this section. If the judgment is for conviction of a violation as
described in ORS 153.008, the court administrator shall note in the register
that the judgment creates a judgment lien only if the court has ordered that
the judgment create a judgment lien.
(2)
As a condition of creating a judgment lien, the judgment document for a
judgment in a criminal action that includes a money award must contain a
separate section setting forth the money award, must meet the requirements of
section 4 of this 2003 Act and must contain the following information:
(a)
A listing of the specific amounts awarded as fines, assessments, costs,
restitution and any other monetary obligations imposed in the sentence as part
of the money award. If the court is unable to determine the full amount of
restitution at the time of sentencing, the court may include the amount that
can be determined or may establish a maximum amount.
(b)
If restitution or a compensatory fine is ordered, the name and address of the
person to whom the court should disburse payments, unless the victim requests
that this information be exempt from disclosure in the public record.
(c)
A statement that, subject to amendment of a judgment under ORS 137.107, money
required to be paid as a condition of probation remains payable after
revocation of probation only if the amount is included in the money award
portion of the judgment document, even if the amount is referred to in other
parts of the judgment document.
(d)
Unless immediate payment is required, the specific terms of payment imposed or
allowed by the court.
(e)
If payment of all or part of a monetary obligation is suspended, a statement
specifying the nature and amount of the suspended obligations.
(3)
The requirements of this section and section 4 of this 2003 Act do not apply to
a judgment document if the action was commenced by the issuance of a uniform
citation adopted under ORS 1.525 and the court has used the space on the
citation for the entry of a judgment. The exemption provided by this subsection
does not apply if any indictment, information or complaint other than a uniform
citation is filed in the action.
(4) A judgment in a criminal action that contains a money award is a judgment in favor of the state and may be enforced only by the state.
SECTION
7. Duty of judge with respect
to form of judgment document. (1) A judge rendering a judgment shall file
with the court administrator a judgment document that incorporates the
judgment. The judge must sign the judgment document unless the court
administrator is authorized by law to sign the judgment document. Before signing
a judgment document, the judge shall ensure that all requirements imposed by
law for entry of the judgment have been fulfilled, including the making of any
written findings of fact or conclusions of law. If a proposed judgment document
submitted under section 3 of this 2003 Act does not comply with the
requirements of sections 4, 5 and 6 of this 2003 Act, the judge may not sign
the judgment document. Unless the judgment is exempt under section 4 (2) of
this 2003 Act, the judge shall ensure that the title of the judgment document
indicates whether the judgment is a limited judgment, general judgment or
supplemental judgment. If the judgment is a limited judgment rendered under the
provisions of ORCP 67 B, the judge must determine that there is no just reason
for delay, but the judgment document need not reflect that determination if the
title of the judgment document indicates that the judgment is a limited
judgment.
(2)
A court administrator that signs a judgment under authority granted by law has
the same duties as a judge under the provisions of this section.
(3) This section does not apply to justice courts, municipal courts or county courts performing judicial functions.
SECTION
8. Duty of court
administrator with respect to form of judgment. (1) Except as provided in
subsection (2) of this section, the court administrator shall note in the
register that a judgment document has been filed if the judgment document is
signed by a judge of the court, or by the court administrator if the court
administrator is authorized by law to sign the judgment document, and filed
with the court administrator, whether or not the judgment document complies
with the requirements of sections 4, 5 and 6 of this 2003 Act.
(2)
If the title of a document filed with the court administrator indicates that
the document is a decree, or indicates that the document is a judgment but
fails to indicate whether the judgment is a limited judgment, general judgment
or supplemental judgment, the court administrator may not note in the register
that a judgment document has been filed, and shall return the document to the
judge, unless the judgment is exempt under section 4 (2) of this 2003 Act.
(3)
The court administrator may rely on a judgment document for entry of
information in the register. The court administrator is not liable for entering
any information in the register that reflects information contained in a
judgment document, whether or not the information in the judgment is correct or
properly presented.
(4)
The court administrator may rely on the presence or absence of a separate
section in the judgment document required by section 5 or 6 of this 2003 Act in
determining whether a judgment contains a money award. The court administrator
shall enter information in the register, and in the separate record required by
section 9 of this 2003 Act, only from the separate section unless otherwise
ordered by the court.
(5) This section does not apply to justice courts, municipal courts or county courts performing judicial functions.
ENTRY OF JUDGMENTS IN REGISTER
SECTION
9. Entry of judgments in
circuit courts generally.(1) A judgment is entered in circuit court when a
court administrator notes in the register that a judgment document has been
filed with the court administrator.
(2)
Subject to section 8 (2) of this 2003 Act, when a judge files a judgment
document with the court administrator, the court administrator shall note in
the register:
(a)
That the judgment document has been filed and the day, hour and minute that the
judgment is entered.
(b)
Whether the judgment is a limited judgment, a general judgment or a
supplemental judgment.
(c)
Whether the judgment includes a money award.
(d)
Whether the judgment creates a judgment lien under section 14 of this 2003 Act.
(3)
If the court administrator notes in the register that a judgment creates a
judgment lien, the court administrator shall note in a separate record
maintained by the court administrator:
(a)
The name of all judgment debtors.
(b)
The name of all judgment creditors.
(c)
The amount of the money award.
(d)
Whether the money award is a support award.
(4)
If the court administrator makes a notation of judgment in the separate record
required by subsection (3) of this section, the court administrator shall
thereafter also note in the separate record:
(a)
The date on which any appeal is filed.
(b)
Whether a supersedeas undertaking, as defined in ORS 19.005, is filed.
(c)
The date of any decision on appeal.
(d)
Any execution issued by the court and the return on any execution.
(e)
Any satisfaction of the judgment, when entered.
(f)
Other such information as may be deemed necessary by court order or court rule.
(5)
The court administrator shall enter a judgment in the register within 24 hours
after the judgment document is filed with court administrator, excluding
Saturdays and legal holidays. If the court administrator is not able to enter
the judgment within the time prescribed in this subsection, or fails to do so,
the court administrator shall enter the judgment as soon as practicable
thereafter.
(6)
Except as provided in section 8 of this 2003 Act, and in ORCP 69 B (1) for
judgments by default, the court administrator shall be subject to the direction
of the court in entering judgments in the register.
(7)
The court administrator shall not delay entry of judgment under ORCP 68 for
taxation of attorney fees or costs and disbursements.
(8)
Administrative orders entered in the register under ORS 416.440 have the effect
provided for in that section.
(9)
The State Court Administrator shall ensure that the register, and the separate
record required by subsection (3) of this section, be established and
maintained in a uniform manner in the circuit courts.
(10)
References in Oregon Revised Statutes to docketing of a judgment are equivalent
to entry of a judgment as described in subsection (1) of this section.
(11) This section does not apply to justice courts, municipal courts or county courts performing judicial functions.
SECTION
9a. (1) Notwithstanding any
other provision of sections 1 to 44 of this 2003 Act or any other law, a court
administrator need not make any entry in the register or in the separate record
maintained under section 9 of this 2003 Act that is different from the entries
made by the court administrator before the effective date of this 2003 Act
until such time as funding is available to make such modifications as may be
necessary to accommodate those entries in the computer systems utilized by the
circuit courts.
(2)
All references to the docket in computer records and documents of the circuit
courts shall be construed to be references to the separate record maintained
under section 9 of this 2003 Act, without regard to whether those records or
documents are created before, on or after the effective date of this 2003 Act.
Subject to availability of funding, the circuit courts shall makes such changes
in their computer systems and other document-generating systems as soon as
possible after the effective date of this 2003 Act to eliminate references to
the docket.
(3)
All references to decrees in computer records and documents of the circuit
courts shall be construed to be references to judgments, without regard to
whether those records or documents are created before, on or after the
effective date of this 2003 Act. Subject to availability of funding, the
circuit courts shall makes such changes in their computer systems and other
document-generating systems as soon as possible after the effective date of
this 2003 Act to eliminate references to decrees.
(4) All references to money judgments in computer records and documents of the circuit courts shall be construed to be references to money awards, without regard to whether those records or documents are created before, on or after the effective date of this 2003 Act. Subject to availability of funding, the circuit courts shall makes such changes in their computer systems and other document-generating systems as soon as possible after the effective date of this 2003 Act to eliminate references to money judgments.
SECTION
10. Notice to attorneys of
entry of judgment in civil actions in circuit court. (1) Upon entering a
judgment in a civil action, or entry of any corrected judgment under section 12
of this 2003 Act, the court administrator shall mail the notice described in
subsection (2) of this section to the attorneys of record for each party that
is not in default for failure to appear. If a party does not have an attorney
of record, and is not in default for failure to appear, the court administrator
shall mail the notice to the party. The court administrator shall note in the
register that the notice required by this section was mailed as required by
this section.
(2)
The notice required by this section must reflect:
(a)
The date the judgment was entered.
(b)
Whether the judgment was entered as a limited judgment, a general judgment or a
supplemental judgment.
(c)
Whether the court administrator noted in the register that the judgment
contained a money award.
(d)
Whether the court administrator noted in the register that the judgment creates
a judgment lien.
(3)
This section does not apply to justice courts, municipal courts or county
courts performing judicial functions.
(4) This section does not apply to judgments in juvenile proceedings under ORS chapter 419B or 419C, civil commitment proceedings, probate proceedings, adoptions or guardianship or conservatorship proceedings under ORS chapter 125.
SECTION 10a. Notwithstanding any other provision of sections 1 to 44 of this 2003 Act or any other law, a court administrator need not mail notice of judgment in the form provided by section 10 of this 2003 Act and may continue to use the form of notice used by the court administrator before the effective date of this 2003 Act until such time as funding is available to allow use of notices of judgments in the form provided by section 10 of this 2003 Act.
SECTION
11. Effect of entry of
judgment. (1) Upon entry of a judgment, the judgment:
(a)
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;
(b)
May be enforced in the manner provided by law;
(c)
May be appealed in the manner provided by law;
(d)
Acts as official notice of the court’s decision; and
(e)
May be set aside or modified only by the court rendering the judgment or by
another court or tribunal with the same or greater authority than the court
rendering the judgment.
(2)
A general judgment incorporates a previous written decision of the court that
decides one or more claims in the case and that:
(a)
Is not a judgment;
(b)
Is consistent with the terms of the general judgment and any limited judgments
in the case; and
(c)
Reflects an express determination by the court that the decision be final as to
the claim or claims resolved.
(3)
Upon entry of a general judgment, any claim in the action that is not decided
by the general judgment or by a previous limited judgment, that has not been
incorporated into the general judgment under subsection (2) of this section, or
that cannot be decided by a supplemental judgment, is dismissed with prejudice
unless the judgment provides that the dismissal is without prejudice.
(4)
Subsection (3) of this section does not affect the right of any party to assign
error on appeal to any decision of a court made by order during an action.
(5)
Subsection (3) of this section does not apply to a general judgment of
dismissal. Except as otherwise provided by law, by the Oregon Rules of Civil
Procedure or by the terms of the judgment, a general judgment of dismissal is
without prejudice as to any claim or charge in the action.
(6) If a document labeled as a decree is filed with the court administrator, or a judgment document is filed with the court administrator that does not indicate whether the judgment is a limited, general or supplemental judgment, and the court administrator fails to comply with section 8 of this 2003 Act and makes an entry in the register indicating that a judgment has been filed with court administrator, the document has the effect of a general judgment entered in circuit court.
CORRECTIONS TO JUDGMENTS
SECTION
12. Corrections to civil
judgments. (1) A court may correct the terms of a civil judgment previously
entered as provided in ORCP 71. The court may make the correction by signing a
corrected judgment document and filing the document with the court
administrator. The title of the judgment document must reflect that the
judgment is a corrected limited judgment, corrected general judgment or a
corrected supplemental judgment.
(2)
Unless a correction to a judgment affects a substantial right of a party, the
time for appeal of the judgment commences upon entry of the original judgment.
(3)
If the correction of a judgment affects a substantial right of a party, and the
corrected judgment is entered before the time for appealing the original
judgment has expired, the time for appeal of the judgment commences upon entry
of the corrected judgment. If the correction affects a substantial right of a
party, and the corrected judgment is entered after the time for appealing the
original judgment has expired, the time for appeal of the corrected portions of
the judgment and all other portions of the judgment affected by the correction
commences upon entry of the corrected judgment.
(4)
This section does not apply to justice courts, municipal courts or county
courts performing judicial functions.
(5) This section does not apply to juvenile proceedings under ORS chapter 419B.
SECTION
13. Correction of designation
of judgment as general judgment. (1) Upon motion of any party, the court
may enter a corrected judgment under section 12 of this 2003 Act that changes
the designation of a judgment from a general judgment to a limited judgment if
the moving party establishes that:
(a)
Except by operation of section 11 (3) of this 2003 Act, the judgment does not
decide all claims in the action other than claims previously decided by a
limited judgment or claims that could be decided by a supplemental judgment;
and
(b)
The judgment was inadvertently designated as a general judgment under
circumstances that indicate that the moving party did not reasonably understand
that the claims that were not expressly decided by the judgment would be
dismissed.
(2)
A motion under subsection (1) of this section must be filed within the time
provided by ORCP 71 B.
(3)
Upon motion of any party, the court shall enter a corrected judgment under
section 12 of this 2003 Act that changes to a limited judgment any document that
has the effect of a general judgment under the provisions of section 11 (6) of
this 2003 Act unless all claims in the action are decided by the terms of the
document, by previous limited judgments entered in the action or by written
decisions of the court that are incorporated in a general judgment under the
provisions of section 11 (2) of this 2003 Act.
(4)
Notwithstanding section 12 of this 2003 Act, the time for appeal of the
judgment corrected under this section commences from the entry of the corrected
judgment. A motion may be filed under this section while an appeal is pending
as provided in ORCP 71 B(2).
(5) This section does not apply to justice courts, municipal courts or county courts performing judicial functions.
JUDGMENT LIENS
SECTION
14. Judgment liens in circuit
courts. (1) If a judgment document filed with a court administrator under
section 9 (2) of this 2003 Act includes a money award and complies with section
5 or 6 of this 2003 Act, the court administrator shall note in the register of
a circuit court that the judgment creates a judgment lien unless:
(a)
The judgment is entered in the small claims department of a circuit court in an
amount of less than $3,000, exclusive of costs, and the judgment creditor has
not created a judgment lien for the judgment as provided in ORS 46.488;
(b)
The judgment is entered in a criminal action for conviction of a violation, and
the court does not order under section 6 (1) of this 2003 Act that the judgment
creates a judgment lien;
(c)
The judgment is entered under ORS 153.820; or
(d)
The judgment does not create a lien by operation of other law.
(2)
Except as provided in this section, if the court administrator notes in the
register that a judgment creates a judgment lien, the judgment has the following
effect in the county in which the judgment is entered:
(a)
When the judgment is entered, the judgment lien attaches to all real property
of the judgment debtor in the county at that time; and
(b)
The judgment lien attaches to all real property that the judgment debtor
acquires in the county at any time after the judgment is entered and before the
judgment lien expires.
(3)
Except as provided in this section, if the court administrator notes in the
register that a judgment creates a judgment lien and the judgment contains a
support award, the support award portion of the judgment has the following
effect in the county in which the judgment is entered:
(a)
When an installment becomes due under the terms of the support award and is not
paid, a support arrearage lien for the unpaid installment attaches to all real
property of the judgment debtor in the county at that time; and
(b)
When an installment becomes due under the terms of the support award and is not
paid, a support arrearage lien attaches to all real property that the judgment
debtor thereafter acquires in the county for the purpose of enforcing the
unpaid installment, and remains attached to that property until satisfaction is
made for the installment or the judgment lien arising from support award
portion of the judgment expires.
(4)
Real property may be conveyed or encumbered free of a judgment lien created by
the support award portion of a judgment, but the conveyance or encumbrance is
subject to any support arrearage lien that attached to the real property under
this section or section 15 of this 2003 Act.
(5)
A judgment lien does not attach to any real property of a judgment debtor
acquired after the debt giving rise to the judgment is discharged under federal
bankruptcy laws. Debts are presumed to have not been discharged in bankruptcy
until the judgment debtor establishes that the debt has been discharged.
(6)
A court administrator may rely on the judgment document to determine whether a
judgment creates a judgment lien.
(7) This section does not apply to justice courts, municipal courts or county courts performing judicial functions.
SECTION
15. Establishing judgment
lien in other counties. (1) At any time after a judgment that creates a
judgment lien is entered under section 14 of this 2003 Act and before the
expiration of the judgment remedies for the judgment, a judgment creditor may
create a judgment lien for the judgment in any other county of this state by
recording the judgment in the County Clerk Lien Record for that county. The
judgment may be recorded by recording a certified copy of the judgment document
or a lien record abstract for the judgment.
(2)
Except as provided in this section, a judgment recorded under this section has
the following effect in the county in which the judgment is recorded:
(a)
When the judgment is recorded, the judgment lien attaches to all real property
of the judgment debtor in the county at that time; and
(b)
The judgment lien attaches to all real property that the judgment debtor
acquires in the county at any time after the judgment is recorded and before
the judgment lien expires.
(3)
Except as provided in this section, if a judgment recorded under this section
contains a support award, the support award portion of the judgment has the following
effect in the county in which the judgment is recorded:
(a)
When the judgment is recorded, a support arrearage lien attaches to all real
property of the judgment debtor in the county at that time for any unpaid
installment that became due under the terms of the support award before the
judgment was recorded.
(b)
A support arrearage lien for any unpaid installment that became due under the
terms of the support award before the judgment was recorded attaches to all
real property that the judgment debtor acquires in the county at any time after
the judgment is recorded and before full satisfaction is made for the
installment or the judgment lien of the support award portion of the judgment
expires.
(c)
If an installment becomes due under the terms of the support award and is not
paid after the judgment is recorded, a support arrearage lien for the
installment attaches to all real property of the judgment debtor in the county
at the time the installment becomes due and attaches to all real property that
the judgment debtor thereafter acquires in the county until full satisfaction
is made for the installment or the judgment lien of the support award portion
of the judgment expires.
(4)(a)
If a certificate of extension is filed under section 19 of this 2003 Act, and
the certificate is filed before the judgment is recorded under this section, a
judgment creditor may record a certified copy of the certificate or a lien
record abstract for the certificate with the judgment. The recording shall act
to extend the judgment lien of a judgment, and any support arrearage lien, in
the county for the time provided in sections 18 to 22 of this 2003 Act.
(b)
If a certificate of extension is filed under section 19 of this 2003 Act, and
the certificate is filed after the judgment is recorded under this section, a
judgment creditor may record a certified copy of the certificate or a lien
record abstract for the certificate in the County Clerk Lien Record in any
county in which the judgment has been recorded under subsection (1) of this
section. If the recording is made before the time that the judgment lien for
the judgment would otherwise have expired under sections 18 to 22 of this 2003
Act, the recording extends the judgment lien of the judgment, without loss of
priority, for the time provided in sections 18 to 22 of this 2003 Act. If the
recording is made after the time that the judgment lien for the judgment would
otherwise have expired under sections 18 to 22 of this 2003 Act, the recording
extends the judgment lien of the judgment for the time provided in section 18
to 22 of this 2003 Act, but the lien is subordinate to all other interests that
are of record on the date the certificate or lien record abstract is recorded.
(5)
When the judgment lien of a judgment expires in the county in which the
judgment was originally entered, the judgment lien and any support arrearage
lien created under this section expires in the other county or counties in
which the judgment has been recorded.
(6) This section does not apply to justice courts, municipal courts or county courts performing judicial functions.
SECTION 16. Appeal; motion to eliminate lien. A judgment debtor who appeals a judgment may move the trial court for elimination of the judgment lien created by the judgment. A court may grant a motion under this section if the judgment debtor files a supersedeas undertaking, as defined in ORS 19.005, and provides such additional security as may be required by the court to ensure that adequate amounts will be available to satisfy the judgment if affirmed on appeal. If the court grants the motion, the court administrator shall note in the register, and in the separate record required under section 9 of this 2003 Act, that the judgment lien has been eliminated.
SECTION
17. Judgment lien based on
judgment for child support or spousal support entered in another state. (1)
At any time after a judgment for unpaid child support or unpaid spousal support
becomes effective in another state and before the expiration or satisfaction of
that judgment under the other 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 for any county in this state.
(2)
If a judgment of another state described in subsection (1) of this section is
extended or renewed under the laws of the state that rendered the judgment, a
judgment creditor under the judgment may record a certified copy of the
extension or renewal in the County Clerk Lien Record for any county in this
state or may record a lien record abstract for extension or renewal in the
County Clerk Lien Record for any county in this state.
(3)
Upon recording a judgment, lien record abstract, extension or renewal under
this section, the judgment creates a judgment lien as described in section 15
(3) of this 2003 Act.
(4)
When the judgment expires in the state in which the judgment was originally
entered, the judgment lien and any support arrearage lien created under this
section expire in every county in which the judgment has been recorded under
this section.
(5)
Liens arising by operation of law in another state against real property for
amounts of overdue payments under a support order, as defined in ORS 110.303,
shall be accorded full faith and credit if the state agency, party or other
entity seeking to enforce the lien follows the applicable procedures for
recording and service of notice of claim of lien as required by this section. A
state agency, party or other entity may not file an action to enforce a lien
described in this section until the underlying judgment has been filed in
Oregon as provided in ORS 110.303 to 110.452.
(6) This section does not apply to justice courts, municipal courts or county courts performing judicial functions.
EXPIRATION AND EXTENSION
OF JUDGMENT REMEDIES
SECTION
18. Expiration of judgment
remedies in circuit court.(1) Judgment remedies for a judgment expire upon
full satisfaction of the money award portion of the judgment.
(2)
If a judgment lien arises out of a support award under section 14 (3) or 15 (3)
of this 2003 Act, a support arrearage lien attaching to real property under the
judgment lien expires upon satisfaction of the unpaid installment that gave
rise to the support arrearage lien.
(3)
Except as provided in sections 18 to 22 of this 2003 Act, judgment remedies for
a judgment in a civil action expire 10 years after the entry of the judgment.
(4)
Judgment remedies for a judgment in a criminal action expire 20 years after the
entry of the judgment.
(5)
Except as provided in section 22 of this 2003 Act, judgment remedies for the
child support award portion of a judgment, and any lump sum money award for
unpaid child support installments, expire 25 years after the entry of the
judgment that first establishes the support obligation.
(6)(a)
Except as provided by paragraph (b) of this subsection and section 21 of this
2003 Act, judgment remedies for any unpaid installment under the spousal
support award portion of a judgment, including any installment arrearage lien
arising under the judgment, expire 25 years after the entry of the judgment
that first establishes the support obligation, or 10 years after an installment
comes due under the judgment and is not paid, whichever is later.
(b)
The judgment lien for the spousal support award portion of a judgment that is
entered on or after the effective date of this 2003 Act, including any
installment arrearage lien arising under the judgment, expires 25 years after
the entry of the judgment that first establishes the support obligation unless
a certificate of extension is filed under section 20 of this 2003 Act.
(7)(a)
If a money award in a judgment under ORS 107.105 (1)(f) provides for a future
payment of money, and the future payment does not become due for 10 or more
years after the judgment is entered, judgment remedies for the portion of the
judgment providing for future payment expire 10 years after the date on which
the future payment becomes due. At any time before the judgment remedies for a
money award described in this subsection expire, judgment remedies for the
portion of the judgment providing for a future payment may be extended as
provided in section 19 of this 2003 Act.
(b)
This subsection does not apply to support awards.
(8) This section does not apply to justice courts, municipal courts or county courts performing judicial functions.
SECTION
19. Extension of judgment
remedies. (1) Judgment remedies for a judgment may be extended by filing a
certificate of extension in the court that entered the judgment. The court
administrator shall enter the certificate in the register of the court and in
the separate record maintained under section 9 of this 2003 Act. Except as
provided in sections 18 to 22 of this 2003 Act, a judgment creditor may file a
certificate of extension only if:
(a)
Judgment remedies for the judgment have not expired under section 18 of this
2003 Act; and
(b)
A full satisfaction document for the money award portion of the judgment has
not been filed.
(2)
Notwithstanding subsection (1) of this section, if the judgment debtor has been
discharged from debt under federal bankruptcy laws, a certificate of extension
may not be filed except as provided in this subsection. Judgments are presumed
to have not been discharged in bankruptcy until the judgment debtor establishes
that the judgment has been discharged. If the judgment debtor is discharged
from a debt, a certificate of extension may be filed if:
(a)
The debtor owned real property and the judgment lien attached to that property
before the filing of the bankruptcy petition;
(b)
The judgment lien was not avoided by action of the bankruptcy court;
(c)
The judgment lien has not been discharged under ORS 18.420; and
(d)
The certificate of extension includes a legal description of the real property
and a statement that the extension affects only the lien on the real property
described in the certificate.
(3)
A certificate of extension must be signed by the judgment creditor, or by an
attorney who represents the judgment creditor.
(4)
Subject to sections 21 and 22 of this 2003 Act, if a certificate of extension
is filed after the date on which the judgment remedies for the judgment expire
under section 18 of this 2003 Act, the certificate has no effect.
(5)
The judgment remedies for a judgment that are extended under the provisions of
this section expire 10 years after the certificate of extension is filed.
Judgment remedies for a judgment may be extended only once under the provisions
of this section.
(6)
A certified copy of a certificate of extension, or a lien record abstract for
the certificate, may be recorded in any county in which the judgment was
recorded under section 15 of this 2003 Act, with the effect provided by section
15 (4) of this 2003 Act.
(7)
Except as provided in sections 20, 21 and 22 of this 2003 Act, the judgment
remedies for the support award portion of a judgment, and any lump sum money
award for unpaid child support installments, may not be extended under this
section.
(8)
The judgment remedies for a judgment in a criminal action may not be extended
under this section.
(9) This section does not apply to justice courts, municipal courts or county courts performing judicial functions.
SECTION
20. Extension of judgment
lien of spousal support award. (1) If a judgment that is entered on or
after the effective date of this 2003 Act includes a spousal support award, a
judgment creditor may file a certificate of extension under section 19 of this
2003 Act at any time more than 15 years after the entry of the judgment that
first establishes the support obligation and before the judgment lien for the
spousal support award portion of a judgment expires under section 18 (6)(b) of
this 2003 Act. If a certificate of extension is filed under this subsection:
(a)
The judgment lien for the spousal support award portion of the judgment expires
10 years after the certificate of extension is filed; and
(b)
Any installment arrearage lien that arises under the judgment, whether before
or after the filing of the certificate, expires 10 years after the installment
comes due and is not paid or when the judgment lien for the spousal support
award portion of the judgment expires under paragraph (a) of this subsection,
whichever is first.
(2) Notwithstanding section 19 (5) of this 2003 Act, certificates of extension under section 19 of this 2003 Act may continue to be filed in the manner provided by subsection (1) of this section and with like effect for as long as the judgment lien for the spousal support award portion of a judgment has not expired and any installments remain to be paid under the judgment.
SECTION
21. Spousal support judgments
entered before effective date of this 2003 Act. (1) The judgment lien for
the spousal support award portion of a judgment that is entered before the
effective date of this 2003 Act, 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 section 19 of this 2003 Act, or the judgment was renewed in the
manner provided by the statutes in effect immediately before the effective date
of this 2003 Act, within 10 years after the judgment was entered.
(2)
Section 18 (6) of this 2003 Act does not operate to revive the judgment lien of
any judgment that expired before the effective date of this 2003 Act under the
statutes in effect immediately before the effective date of this 2003 Act.
(3) This section and section 18 (6) of this 2003 Act do not limit the time during which judgment remedies are available for any judgment entered before the effective date of this 2003 Act, and those judgments may continue to be enforced for the time provided by the law in effect immediately before the effective date of this 2003 Act, subject to any requirement for renewal of those judgments.
SECTION
22. Child support awards
entered before January 1, 1994. (1) The judgment lien of the child support
award portion of a judgment entered before January 1, 1994, and any installment
arrearage lien that arose under the judgment lien, expires 10 years after the
entry of the judgment that established the support obligation unless the
judgment was renewed in the manner provided by the statutes in effect immediately
before the effective date of this 2003 Act within 10 years after the judgment
was entered.
(2)
Section 18 (5) of this 2003 Act does not operate to revive the judgment lien of
any judgment that expired before the effective date of this 2003 Act.
(3) This section and section 18 (5) of this 2003 Act do not limit the time during which judgment remedies are available for any judgment entered before January 1, 1994, and those judgments may continue to be enforced for the time provided by the law in effect immediately before the effective date of this 2003 Act, subject to any requirement for renewal of those judgments.
RELEASE OF LIEN
SECTION
23. Release of lien. (1)
A judgment creditor may provide a release of lien document to a judgment debtor
or to any other person with an interest in real property to which a judgment
lien has attached. The release of lien document may be for all real property in
a county or for a single piece of real property in a county. A release of lien
document may be signed by the judgment creditor, or by any attorney who
represents the creditor. The signature of the judgment creditor or
attorney signing a release of lien document must be witnessed by a notary
public.
(2)
A release of lien document may be filed with the court administrator at any
time after a judgment lien attaches under section 14 of this 2003 Act. The
court administrator shall note in the register and in the separate record
maintained under section 9 of this 2003 Act that the release of lien document
has been filed, and also shall note whether the release is for all real
property in a county or only for a single piece of real property in a county.
(3)
A release of lien document may be recorded in any County Clerk Lien Record in
which the judgment was recorded under section 15 of this 2003 Act.
(4)
Upon filing or recording under this section, a release of lien document
operates to eliminate any judgment lien arising from the entry or recording of
the judgment to the extent reflected in the document. The filing of a release
of lien document does not constitute a full or partial satisfaction of the
judgment.
(5)
The court administrator may not charge a fee for filing a release of lien
document.
(6) This section does not apply to justice courts, municipal courts or county courts performing judicial functions.
ASSIGNMENT OF JUDGMENT
SECTION
24. Assignment of judgment.
(1) 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, or by an attorney who represents the judgment creditor. The
signature of the judgment creditor or attorney signing the document must be
acknowledged by a notary public. The document may be:
(a)
Filed with the court administrator for the court in which the judgment was
entered, and upon such filing shall be entered in the register and in the
separate record maintained under section 9 of this 2003 Act; or
(b)
Recorded in any County Clerk Lien Record in which the judgment was recorded
under section 15 of this 2003 Act.
(2)
Upon filing or recording under this section, an assignment of judgment document
operates to assign the judgment creditor’s rights under the judgment to the
extent reflected in the document.
(3)
If this or another state is assigned or subrogated to the support rights of a
person under ORS 418.032, 418.042, 419B.406 or 419C.597 or similar statutes of
another state, an assignment of judgment document bearing the signature of the
Administrator of the Division of Child Support of the Department of Justice or
the authorized representative of the administrator may be filed or recorded in
the same manner as an assignment of judgment document under subsection (1) of
this section and shall have the same effect as an assignment of judgment
document signed by the judgment creditor.
(4) This section does not apply to justice courts, municipal courts or county courts performing judicial functions.
SATISFACTION OF MONEY AWARDS
SECTION
25. Satisfaction of money
awards generally. (1) A satisfaction document may be for full or partial
satisfaction of a money award. The title of the document must indicate whether
the money award has been partially or fully satisfied. A satisfaction document
must be signed by the judgment creditor or by an attorney who represents the
judgment creditor. The signature of the judgment creditor or attorney signing a
satisfaction document must be witnessed by a notary public.
(2)
When the money award portion of a judgment has been fully satisfied, the
judgment creditor must:
(a)
File a satisfaction document for the full amount of the money award portion of
the judgment in the county in which the judgment was entered; and
(b)
Deliver to the judgment debtor a satisfaction document for the full amount of
the money award portion of the judgment for every county in which the judgment
has been recorded under section 15 of this 2003 Act.
(3)
Upon request by a judgment debtor or any person with an interest in real
property subject to a judgment lien, a judgment creditor must provide to the
judgment debtor a satisfaction document for all amounts credited against a
money award as of the date that the satisfaction document is signed.
(4)
A satisfaction document may be filed with the court administrator at any time
after entry of a judgment. The court administrator may not charge a fee for
filing a satisfaction document. The court administrator shall note in the
register and in the separate record maintained under section 9 of this 2003 Act
that the satisfaction document has been filed, and shall note if the document
indicates that the money award has been fully satisfied.
(5)
Upon payment of all required fees, the court administrator shall issue a
certified copy of any satisfaction document filed with the court administrator
and entered in the court register. The certified copy may be recorded in any
County Clerk Lien Record in which the judgment was recorded under section 15 of
this 2003 Act.
(6)
A satisfaction document for a support award that is paid to the Department of
Justice may be filed with the court administrator only as provided in section
26 of this 2003 Act.
(7) This section does not apply to justice courts, municipal courts or county courts performing judicial functions.
SECTION
26. Satisfaction of support awards
payable to Department of Justice. (1) If a support award is paid to the
Department of Justice, the judgment creditor may receive credit for
satisfaction of the judgment only in the manner provided by this section. The
department may provide judgment creditors with forms and instructions for
satisfaction of support awards under this section.
(2)
Any satisfaction document for a support award described in subsection (1) of
this section must be mailed to or delivered to the Department of Justice, and
not to the court administrator. The department shall credit the amounts
reflected in the satisfaction document to the support award pay records
maintained by the department. Except as provided in subsection (3) of this
section, the department shall not credit amounts against the support award pay
records to the extent that the judgment is assigned or subrogated to this or
another state. The Department of Justice shall thereafter promptly forward the
satisfaction document to the court administrator for the court in which the
money award was entered, together with a certificate from the department
stating the amounts reflected as paid in the support award pay records
maintained by the department. The court administrator shall note in the
register as paid only the amount stated in the certificate, and not the amount
shown on the satisfaction document.
(3)
If a support award has been assigned to this state, the Department of Justice
may satisfy the support award to the extent of the assignment. The department
may credit the amounts reflected in the satisfaction document to the support
award pay records maintained by the department and file the satisfaction
document with the court administrator for the court in which the money award
was entered, together with a certificate from the department stating the
amounts reflected as paid in the support award pay records. The court
administrator shall note in the register and in the separate record maintained
under section 9 of this 2003 Act the amount of satisfaction shown on the
certificate, and not the amount shown on the satisfaction document.
(4) Unless a judgment requires that payments under a support award be paid to the Department of Justice or enforcement services are provided pursuant to ORS 25.080, all satisfaction documents for a support award must be filed with the court administrator.
SECTION
27. Alternate method for
satisfaction of support awards payable to Department of Justice. (1) In
addition to or in lieu of the certificate and satisfaction document provided
for in section 26 of this 2003 Act, the Department of Justice may execute and
file a satisfaction document for a support award requiring payment to the
department if:
(a)
The judgment debtor provides a sworn affidavit indicating that the money award
has been paid in full;
(b)
The department certifies that the department has a complete pay record for the
payments under the support award; and
(c)
The department certifies that there are no arrearages.
(2)
The Department of Justice shall be considered to have a complete pay record for
the purposes of subsection (1) of this section if the department has kept the
pay record for the support award from the date that the first payment was to be
made under the support award, or if the judgment creditor or an entity
providing enforcement services under ORS 25.080 establishes arrearages for the
time period the pay record was not kept by the department.
(3)
The signature of a person signing a satisfaction document filed under this
section need not be acknowledged by a notary public.
(4) If a satisfaction document under this section is for any payment made to the Department of Justice for amounts that have not been assigned by the judgment creditor to the state, the department shall give notice to the judgment creditor in the manner provided by ORS 25.085. The notice must inform the judgment creditor that the department will execute and file the satisfaction of judgment unless the department receives a request for a hearing within 30 days after the date the notice was mailed. If a judgment creditor requests a hearing, the Department of Justice shall conduct the hearing as a contested case under ORS 183.310 to 183.550 before a hearing officer appointed by the department.
SECTION
28. Motion to satisfy money
award. (1) A judgment debtor or 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 cannot otherwise obtain a
satisfaction document from a judgment creditor.
(2)
Motions under this section shall be filed in the action in which the judgment
was entered. All proceedings on the motion shall be conducted as part of the
action in which the judgment was entered. An appearance fee may not be charged
for filing a motion under this section.
(3)
A motion under this section must include the following information, to the
extent known to the person making the motion:
(a)
The date of entry and principal amount of the money award.
(b)
The rate of interest and the date the interest commenced to accrue.
(c)
The date or dates and amounts of any payments on the money award.
(d)
Any amount that the person believes remains to be paid on the money award,
including any supporting mathematical calculations.
(e)
Any other information necessary or helpful to the court in making its
determination.
(4)
A person making a motion under this section must serve the motion on the
judgment creditor. If the person making the motion is not the judgment debtor,
the person also must serve the motion and supporting affidavit on the judgment
debtor. If an assignment of judgment document has been filed with the court
under section 24 of this 2003 Act, the motion must be served on the person
named as the assignee of the judgment. Service on the judgment creditor and
judgment debtor under this subsection may be made as provided in ORCP 9 if the
motion is filed within one year after entry of the judgment. If the motion is
filed more than one year after entry of the judgment, or service is to be made
on an assignee of the judgment, the motion may either be personally served as
provided in ORCP 7, or be served by certified mail, return receipt requested
with signed receipt. The court may waive service on any person under this
subsection if the person making the motion files an affidavit with the court
stating that the person cannot be found after diligent effort by the person
making the motion. The party making the motion shall file proof of service with
the court.
(5)
A person served with a motion under this section must file a response within 21
days after service is made, or within such time as may be allowed by the court.
The response must specifically identify those assertions in the motion that the
person contests. The response must contain any information or mathematical
calculations necessary to support the contentions of the responding party.
(6)
The court shall hear the motion not less than seven days after notice of
hearing is given to the person filing the motion and to the parties served with
the motion. The court shall hear and determine the issues in a summary fashion
without a jury. The court shall give the parties a reasonable opportunity to
present evidence relevant to any factual issues.
(7)
If the court determines that the person making the motion is entitled to
relief, the court shall issue an order providing that the money award has been
satisfied in full or, if the money award has not been satisfied in full, the
specific amount that will satisfy the judgment on a specific date or within a
period of time specified in the order.
(8)
If the court finds that the judgment creditor willfully failed to provide a
satisfaction document under section 25 of this 2003 Act, the court may render a
supplemental judgment awarding reasonable attorney fees to the person making
the motion. The supplemental judgment may provide that the demanding party may
satisfy the judgment by paying such amounts the court determines to be
necessary to satisfy the judgment less that sum of money the court awards as
attorney fees.
(9)
If the court finds that the money award has been satisfied, or if the amount
specified by the court is paid to the court administrator within the time
specified by the court, the court administrator shall note in the register and
in the separate record maintained under section 9 of this 2003 Act that the
money award has been satisfied in full. The court administrator shall deliver
any money paid to the court administrator to the party or parties specified in
the court’s order.
(10)
Upon request of the judgment debtor or person making the motion, the court
administrator shall issue a certificate indicating that the money award has
been satisfied. The certificate may be recorded in any County Clerk Lien Record
in which the judgment was recorded under section 15 of this 2003
Act. Recording of the certificate eliminates any judgment lien that was
created by the recording of the judgment.
(11)
At least five days before filing a motion under this section, the person must
serve by personal delivery or first class mail a copy of the motion on the
Administrator of the Division of Child Support of the Department of Justice, or
on the branch office of the Department of Justice providing support services to
the county in which the motion will be made, if:
(a)
The motion relates to satisfaction of a support award; and
(b)
Child support rights, as defined in ORS 25.010, for the judgment creditor have
been assigned to the state.
(12) This section does not apply to justice courts, municipal courts or county courts performing judicial functions.
ENFORCEMENT OF JUDGMENTS
(Generally)
SECTION
29. Execution. (1) Except
as provided in this section, and subject to the terms of the judgment, a
judgment may be enforced by execution upon entry of the judgment. The ability
to enforce a judgment by execution expires as provided in sections 18 to 22 of
this 2003 Act.
(2)
Any portion of a money award that by the terms of the judgment is to be paid on
some date after the date that the judgment is entered may be enforced by
execution when payment becomes due under the terms of the money award and is
not paid.
(3)
Except as provided in section 30 of this 2003 Act or by other law, a judgment
may be enforced only by the court in which the judgment is entered or, if the
judgment is a foreign judgment, the court in which the judgment is first filed
under ORS 24.115 or 110.405.
(4) Nothing in sections 29 to 44 of this 2003 Act affects the ability of a judgment creditor to enforce a judgment by means other than execution.
SECTION
30. Enforcement of judgment
by circuit court for county where debtor resides. (1) The circuit court for
the county where a judgment debtor resides may enforce a circuit court judgment
entered in another circuit court if a transcript of the original judgment is
filed with the court. The circuit court for the county where a judgment debtor
resides may issue a writ of execution against real property under the provisions
of this section only if a certified copy of the original judgment, or a lien
record abstract in the form provided by ORS 18.325, is recorded in the County
Clerk Lien Record for that county, in addition to the filing of a transcript of
the original judgment with the circuit court for that county. In no event shall
the court administrator be liable for issuing a writ of execution, writ of
garnishment or other execution for a judgment transcribed pursuant to this
section.
(2)
A judgment creditor who files a transcript of a judgment under subsection (1)
of this section must give written notice of the filing to the circuit court in
which the judgment was originally entered.
(3)
At the time a transcript of a judgment is filed under this section, the judgment
creditor or the attorney for the judgment creditor must make and file with the
court administrator a statement containing the information required for a money
award under section 5 (2) of this 2003 Act and an affidavit setting forth:
(a)
The name and last-known address of the judgment creditor;
(b)
The name and last-known address of the judgment debtor;
(c)
A statement that the judgment creditor has a good faith belief that the
judgment debtor resides in the county in which the transcript of the judgment
is filed;
(d)
A statement that the judgment has not been satisfied and that execution on the
judgment has not been stayed; and
(e)
A statement that written notice of the filing has been given to the circuit
court in which the judgment was originally entered.
(4)
The circuit court in which a transcript of a judgment is filed under this
section is the only court with authority to issue a writ of execution, writ of
garnishment or other execution on the transcribed judgment until the judgment
creditor files an affidavit with the circuit court certifying that the judgment
debtor no longer resides in that county. A copy of the affidavit must be filed
by the judgment creditor in the court in which the judgment was originally
entered. After the filing of an affidavit under this subsection, only the
circuit court in which the judgment was originally entered may issue a writ of
execution, writ of garnishment or other execution on the judgment.
(5)
When a transcribed judgment is filed with a circuit court under this section,
the court administrator shall enter the transcribed judgment in the register
but shall not note in the register that the judgment creates a judgment lien.
The files and records of the court in which the judgment was originally entered
remain the official record of the proceeding, and files and records maintained
by a court in which a transcribed judgment has been filed are auxiliary to the
files and records of the court in which the judgment was originally entered.
Satisfaction documents under section 25 of this 2003 Act and certificates of
extension under sections 18 to 22 of this 2003 Act may be filed only in the
court in which the judgment was originally entered.
(6) This section does not apply to justice courts, municipal courts or county courts performing judicial functions.
(Proceedings in support of execution)
SECTION
31. Debtor examination.
(1) At any time after a judgment is entered, a judgment creditor may upon
motion obtain an order requiring the judgment debtor to appear before the court
or a referee appointed by the court at the time and place specified in the
order, and requiring the judgment debtor to answer under oath questions
concerning any property or interest in property that the judgment debtor may
have or claim. The motion must be supported by one of the following:
(a)
Proof of service of a notice of demand to pay the judgment within 10 days. The
notice of demand must be served in the same manner as a summons or by any form
of mail addressed to the judgment debtor and requesting a receipt. Service by
mail under this paragraph is effective on the date of mailing.
(b)
A return of a writ of execution showing that the judgment has not been
satisfied.
(c)
A garnishee response to a writ of garnishment that does not fully satisfy the
judgment.
(2)
Only the following courts may issue an order under this section:
(a)
The court in which the original judgment was entered.
(b)
Any circuit court for the county in which the judgment debtor resides and in
which the judgment has been recorded under section 15 of this 2003 Act.
(c)
Any circuit court for the county in which the principal place of employment of
the judgment debtor is located and in which the judgment has been recorded
under section 15 of this 2003 Act.
(3)
If a motion under this section is filed in the court specified by subsection
(2)(b) or (c) of this section, a certified copy of the judgment or a certified
copy of the recording made in the County Clerk Lien Record of the county must
be filed with the motion unless a transcript of the judgment has been filed
with the court under section 30 of this 2003 Act.
(4)
Except as provided in this section, a judgment debtor may not be required to
attend in a county other than the county in which the judgment debtor resides
or may be found at the time of service of the order requiring the appearance,
unless the place where the judgment debtor is to appear is not more than 100
miles from the residence of the judgment debtor.
(5)
If the judgment debtor resides more than 100 miles from the place of
examination, the judgment debtor shall be required to appear and shall be paid
mileage at the time of the hearing as provided for witnesses in ORS 44.415.
(6)
Upon motion and good cause shown, the court may order that proceedings under this
section be conducted at a time or place other than the time or place specified
in the original order.
(7) The court may at any time enter an order restraining the judgment debtor from selling, transferring or in any manner disposing of any property of the judgment debtor that is subject to execution pending an examination under this section.
SECTION
32. Conduct of debtor
examination. (1) 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.
(2) If it appears that the judgment debtor has any property that may be applied against the judgment, the court may order that the property be seized for application against the judgment.
SECTION
33. Written interrogatories.
(1) 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. Service by mail
under this paragraph is effective on the date of mailing. The interrogatories
shall notify the judgment debtor that the judgment debtor’s failure to answer
the interrogatories truthfully shall subject the judgment debtor to the
penalties for false swearing as provided in ORS 162.075 and for contempt of
court as provided in ORS 33.015 to 33.155.
(2)
Within 20 days after receipt of the interrogatories, the judgment debtor must
answer all questions under oath and return the original interrogatories to the
judgment creditor.
(3) Failure of the judgment debtor to comply with the provisions of this section is contempt of court, and the judgment creditor may commence proceedings under the provisions of ORS 33.015 to 33.155.
(Writs of execution)
SECTION
34. Writs of execution
generally. (1) Except as otherwise provided by law, upon request of a
judgment creditor or other prevailing party under a judgment, the court shall
issue a writ of execution for any judgment that includes a money award or that
requires the delivery of specific real or personal property. Except as provided
by sections 30 and 36 of this 2003 Act, writs of execution may be issued only
by the court administrator for the court in which the judgment was entered. A
writ of execution may be issued:
(a)
For application of real property of the judgment debtor against a money award.
(b)
For application of personal property of the judgment debtor against a money
award, other than personal property that is in the possession of other persons.
(c)
For the delivery of the possession of specific real or personal property
pursuant to the terms of the judgment.
(2) If a writ of execution is issued for application of real or personal property of a judgment debtor against a money award, the writ may be issued to the sheriff of any county in this state where property of the judgment debtor is located. If the writ of execution is issued for the delivery of the possession of specific real or personal property, the writ must be issued to the sheriff of the county where all or part of the property is situated. More than one writ of execution may be issued at the same time to different counties.
SECTION
35. Issuance of writs of
execution by court; contents. (1) The court administrator shall issue writs
of execution. The writ must be directed to the sheriff and must contain the
name of the court, the names of the parties to the action, and the title of the
action. The writ must describe the judgment and, if the writ of execution is issued
for application of property of the judgment debtor against a money award, the
writ must state the amount due on the money award when the writ is issued.
(2)
If the judgment requires that specific real or personal property of the
judgment debtor be sold, the writ must particularly describe the property and
direct the sheriff to sell the specified property and apply the proceeds as
directed by the judgment.
(3)
If the judgment requires the delivery of the possession of real or personal
property, the writ must direct the sheriff to deliver the possession of the
property. The writ must particularly describe the property and specify the
party to whom the property is to be delivered.
(4)
If the judgment does not require that specific real or personal property of the
judgment debtor be sold or delivered, the writ may direct the sheriff to sell
the real or personal property specified by the judgment creditor in
instructions given to the sheriff. The judgment creditor must provide the
sheriff with instructions that particularly describe the personal property to
be seized and indicate where the property may be found. The judgment creditor
must provide the sheriff with instructions that particularly describe any real
property to be sold.
(5)
Upon issuance of a writ of execution to the sheriff of any county, the judgment
creditor must record a certified copy of the writ or a lien record 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. The recorded documents must contain a legal description of the
real property. The recording of the writ or lien record abstract in any county
in which a judgment lien does not exist under section 14 or 15 of this 2003
Act, or in a county in which a notice of pendency under ORS 93.740 has not been
previously recorded, has the same effect as recording a notice of pendency
under ORS 93.740.
(6)
A single writ of execution may be issued for the purposes specified in
subsections (2), (3) and (4) of this section.
(7) When issuing a writ of execution, the court administrator may rely on the information provided by the person seeking issuance of the writ and is not liable for any errors or omissions in that information.
SECTION
36. Issuance of writs of
execution for certain judgments awarding child support. (1) If support
enforcement services are being provided under ORS 25.080, the administrator as
defined in ORS 25.010 may issue a writ of execution for the support award
portion of the judgment for which support enforcement services are being
provided. A copy of the writ of execution must be filed with the circuit court
of the county in which the judgment was entered or recorded. A writ of
execution issued under this section must be executed by the sheriff in the same
manner as a writ issued by the court administrator under section 35 of this
2003 Act.
(2) The Department of Justice shall adopt an appropriate form for writs of execution under this section. The form must be substantially as set forth for writs of execution issued under section 35 of this 2003 Act.
SECTION
37. Sheriff’s duties. (1)
A sheriff shall comply with the directions to the sheriff in a writ of
execution. If the writ directs the sale or delivery of personal property, the
sheriff shall promptly seize the property. If the writ directs the sale of real
property or a mobile home, the sheriff shall give notice of an execution sale
under ORS 23.450.
(2)
If personal property of the judgment debtor was attached under ORCP 84, the
sheriff shall apply the attached property against the judgment in the manner
provided by ORCP 84 E, and make a return on the writ with any money that was
attached and the proceeds of any other property that was sold.
(3) When property has been sold by the sheriff at an execution sale, the sheriff shall pay the proceeds of the sale to the court administrator. The proceeds must be paid by the date on which the writ must be returned. If any property remains in the custody of the sheriff after satisfaction of the money award, the sheriff shall release the property to the judgment debtor.
SECTION 38. Return on writ of execution. 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 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 for an additional period of time not to exceed 90 days.
SECTION
39. Notice to judgment
debtor. (1) Upon seizing any personal property of a judgment debtor under
section 37 of this 2003 Act, or upon giving notice of an execution sale of any
real property or mobile home under ORS 23.450, the sheriff shall promptly mail
or deliver the following to each judgment debtor who is not a corporation at
the last-known address of each judgment debtor:
(a)
A copy of the writ of execution; and
(b)
A challenge to execution form as provided by section 42 of this 2003 Act.
(2) The sheriff may meet the requirements of subsection (1) of this section by mailing the documents to the last-known address of the judgment debtor as provided by the judgment creditor. The sheriff may withhold execution of the writ until the judgment creditor either provides such address or a statement that the judgment creditor has no knowledge of the judgment debtor’s address. The sheriff has no duty under this section if the judgment creditor provides a statement that the judgment creditor has no knowledge of the judgment debtor’s address.
CHALLENGES TO WRITS OF EXECUTION
SECTION
40. Challenge to writ of
execution. (1) Except as provided in subsection (2) of this section, a
judgment debtor may use a challenge to execution form only to claim such
exemptions under a writ of execution as are permitted by law.
(2)
A judgment debtor may not use a challenge to execution form to challenge execution
on residential real property or a mobile home of the debtor if the judgment
creditor has obtained an order under ORS 23.445 authorizing the sale or if the
judgment directs the sale or delivery of specific property.
(3)
Any person other than a judgment debtor who has an interest in any personal
property seized by a sheriff under section 37 of this 2003 Act, or in any real
property or a mobile home for which a notice of an execution sale has been
given under ORS 23.450, may assert that interest by delivering a challenge to
execution in the manner provided by subsection (4) of this section.
(4)
A person may make a challenge to a execution by completing the challenge to
execution form provided in section 42 of this 2003 Act, or a substantially
similar form, and by delivering, in person or by first class mail, the original
of the completed form to the court administrator for the court identified in
the writ of execution and a copy of the challenge to the person who requested
issuance of the writ.
(5)
A challenge to execution against personal property must be delivered in the
manner provided by subsection (4) of this section within 30 days after the
property is seized under section 37 of this 2003 Act, or before the property is
sold on execution, whichever is first.
(6) A judgment debtor must deliver a challenge to execution against real property or a mobile home in the manner provided in subsection (4) of this section within 30 days after mailing of the notice required by ORS 23.450, or before the property is sold on execution, whichever is first.
SECTION 41. Notice of challenge to execution. Without unreasonable delay, a court administrator who has received a challenge to execution under section 40 of this 2003 Act 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 section 43 of this 2003 Act.
SECTION
42. Challenge to execution
form. (1) The challenge to execution form described in this section does
not expand or restrict the law relating to exempt property. A determination as
to whether property is exempt from attachment or execution must be made by
reference to other law. The form provided in this section may be modified to
provide more information or to update the notice based on subsequent changes in
exemption laws.
(2) A challenge to execution form must be in substantially the following form:
____________________________________________________________________________
_____COURT
COUNTY OF _____
_________ ) CHALLENGE TO
Plaintiff, ) EXECUTION
)
vs. ) Case
No. ___
)
_________ )
Defendant. )
THIS FORM MAY BE USED BY THE DEBTOR ONLY TO CLAIM SUCH EXEMPTIONS FROM EXECUTION AS ARE PERMITTED BY LAW.
THIS FORM MAY BE USED BY PERSONS OTHER THAN THE DEBTOR ONLY TO CLAIM AN INTEREST IN THE PROPERTY THAT IS TO BE SOLD ON EXECUTION.
THIS FORM MAY NOT BE USED TO CHALLENGE THE VALIDITY OF THE DEBT.
I/We claim that the following described property or money is exempt from execution:
______________________________________________________________________________
______________________________________________________________________________
I/We believe this property is exempt from execution because (the Notice of Exempt Property at the end of this form describes most types of property that you can claim as exempt from execution):
______________________________________________________________________________
______________________________________________________________________________
I am a person other than the Debtor and I have the following interest in the property:
______________________________________________________________________________
______________________________________________________________________________
Name_________ Name ________
Signature_______ Signature _______
Address_______ Address _______
______________ _______________
Telephone Telephone
Number_______ Number _______
(Required) (Required)
YOU MUST ACT PROMPTLY IF YOU WANT TO GET
YOUR MONEY OR PROPERTY BACK. You may seek to reclaim your exempt property by
doing the following:
(1)
Fill out the Challenge to Execution form that you received with this notice.
(2)
Mail or deliver the Challenge to Execution form to the court administrator at
the address shown on the writ of execution.
You should be prepared to explain your exemption in court. If you have any questions about the execution or the debt, you should see an attorney.
YOU MAY USE THE CHALLENGE TO EXECUTION FORM ONLY TO CLAIM SUCH EXEMPTIONS FROM EXECUTION AS ARE PERMITTED BY LAW.
YOU MAY NOT USE THE CHALLENGE TO EXECUTION FORM TO CHALLENGE THE VALIDITY OF THE DEBT.
IF YOU CLAIM AN EXEMPTION IN BAD FAITH, YOU MAY BE SUBJECT TO PENALTIES IMPOSED BY THE COURT THAT COULD INCLUDE A FINE. Penalties that you could be subject to are listed in section 44 of this 2003 Act.
NOTICE OF EXEMPT PROPERTY
Property
belonging to you may have been taken or held in order to satisfy a debt. The
debt may be reflected in a judgment or in a warrant or order issued by a state
agency. Important legal papers are enclosed.
YOU
MAY BE ABLE TO GET YOUR PROPERTY BACK, SO READ THIS NOTICE CAREFULLY.
State
and federal law specify that certain property may not be taken. Some of the
property that you may be able to get back is listed below.
(1)
Wages or a salary as described in ORS 23.175 and 23.186. Whichever of the
following amounts is greater:
(a)
75 percent of your take-home wages; or
(b)
$170 per workweek.
(2)
Social Security benefits.
(3)
Supplemental Security Income (SSI).
(4)
Public assistance (welfare).
(5)
Unemployment benefits.
(6)
Disability benefits (other than SSI benefits).
(7)
Workers’ compensation benefits.
(8)
Exempt wages, Social Security benefits (other than SSI), welfare, unemployment
benefits and disability benefits when placed in a checking or savings account
(up to $7,500).
(9)
Spousal support, child support or separate maintenance to the extent reasonably
necessary for your support or the support of any of your dependents.
(10)
A homestead (home, farm, manufactured dwelling or houseboat) if you live in it,
to the value of $20,000 ($23,000 for a manufactured dwelling with land
included; $25,000 for any other homestead with land included) or proceeds from
its sale for one year.
(11)
Household goods, furniture, radios, a television set and utensils with a
combined value not to exceed $3,000.
*(12)
An automobile, truck, trailer or other vehicle with a value not to exceed
$1,700.
*(13)
Tools, implements, apparatus, team, harness or library that are necessary to
carry on your occupation, with a combined value not to exceed $3,000.
*(14)
Books, pictures and musical instruments with a combined value not to exceed
$600.
*(15)
Wearing apparel, jewelry and other personal items with a combined value not to
exceed $1,800.
(16)
Domestic animals and poultry for family use with a combined value not to exceed
$1,000 and their food for 60 days.
(17)
Provisions (food) and fuel for your family for 60 days.
(18)
One rifle or shotgun and one pistol. The combined value of all firearms claimed
as exempt may not exceed $1,000.
(19)
Public or private pensions.
(20)
Veterans’ benefits and loans.
(21)
Medical assistance benefits.
(22)
Health insurance proceeds and disability proceeds of life insurance policies.
(23)
Cash surrender value of life insurance policies not payable to your estate.
(24)
Federal annuities.
(25)
Other annuities to $250 per month (excess over $250 per month is subject to the
same exemption as wages).
(26)
Professionally prescribed health aids for you or any of your dependents.
*(27)
Elderly rental assistance allowed pursuant to ORS 310.635.
*(28)
Your right to receive, or property traceable to:
*(a)
An award under any crime victim reparation law.
*(b)
A payment or payments, not exceeding a total of $10,000, on account of personal
bodily injury suffered by you or an individual of whom you are a dependent.
*(c)
A payment in compensation of loss of future earnings of you or an individual of
whom you are or were a dependent, to the extent reasonably necessary for your
support and the support of any of your dependents.
(29)
Amounts paid to you as an earned income tax credit under federal tax law.
(30)
Interest in personal property to the value of $400, but this cannot be used to
increase the amount of any other exemption.
(31)
Equitable interests in property.
Note: If two or more people in your household owe the claim or judgment, each of them may claim the exemptions marked by an asterisk (*).
______________________________________________________________________________
SPECIAL RULES APPLY FOR DEBTS THAT ARE OWED FOR CHILD SUPPORT AND SPOUSAL SUPPORT. Some property that may not otherwise be taken for payment against the debt may be taken to pay for overdue support. For instance, Social Security benefits, workers’ compensation benefits, unemployment benefits, veterans’ benefits and pensions are normally exempt, but only 75 percent of a lump sum payment of these benefits is exempt if the debt is owed for a support obligation.
______________________________________________________________________________
SECTION
43. Hearing on challenge to
execution. (1) A challenge to execution shall be adjudicated in a summary
manner at a hearing before the court with authority over the writ of execution.
Upon receipt of a challenge to execution, the court administrator shall
immediately set a hearing date and send notice of the hearing to the judgment
debtor and the judgment creditor. The hearing shall be held as soon as
possible. The sheriff may not sell any property that is described in the
challenge to execution until the court has issued a decision on the challenge,
and the time for making a return on the writ is suspended until the decision is
made or the sale completed, whichever is later. The sheriff shall not delay
sale if the judgment debtor has filed the challenge to execution in violation
of section 40 (2) of this 2003 Act.
(2)
Hearings on a challenge to execution may be held by telecommunication devices.
(3) The judgment debtor has the burden to prove timely delivery of a challenge to execution under section 40 of this 2003 Act.
SECTION 44. Sanctions. A court may impose sanctions against any person who files a challenge to execution in bad faith. The sanctions a court may impose under this section are a penalty of not more than $100 and responsibility for attorney fees under ORS 20.105.
SECTION
45. Applicability. (1)
Except as provided by this section or by sections 1 to 44 of this 2003 Act,
sections 1 to 44 of this 2003 Act apply only to judgments entered on or after
the effective date of this 2003 Act. Nothing in this 2003 Act affects the
validity, lien effect or enforceability of any judgment or decree entered
before the effective date of this 2003 Act. Nothing in this 2003 Act affects
the validity, lien effect or enforceability of any order or warrant docketed or
recorded before the effective date of this 2003 Act. Except as provided by this
section or sections 1 to 44 of this 2003 Act, any judgment or decree entered
before the effective date of this 2003 Act, and any order or warrant docketed
or recorded before the effective date of this 2003 Act, shall continue to be
governed by the law in effect on the day immediately preceding the effective
date of this 2003 Act.
(2)
Section 12 of this 2003 Act applies to any corrected judgment entered on or
after the effective date of this 2003 Act, without regard to whether the
original judgment is entered before, on or after the effective date of this
2003 Act.
(3)
A judgment creditor may create a judgment lien for a judgment in a county other
than the county in which a judgment is entered in the manner provided by
section 15 of this 2003 Act without regard to whether the judgment is entered
before, on or after the effective date of this 2003 Act.
(4)
Section 17 of this 2003 Act applies to all judgments, whether entered before,
on or after the effective date of this 2003 Act.
(5)
Except as provided in sections 21 and 22 of this 2003 Act, sections 18 and 19
of this 2003 Act apply to all judgments, whether entered before, on or after
the effective date of this 2003 Act. Notwithstanding section 19 of this 2003
Act, any order of renewal entered before the effective date of this 2003 Act
may be recorded in the manner provided by section 19 (6) of this 2003 Act with
the effect provided by section 15 (4) of this 2003 Act.
(6)
Section 23 of this 2003 Act applies to the release of any judgment lien after
the effective date of this 2003 Act, without regard to whether the judgment was
entered before, on or after the effective date of this 2003 Act.
(7)
Section 24 of this 2003 Act applies to the assignment of any judgment after the
effective date of this 2003 Act, without regard to whether the judgment was
entered before, on or after the effective date of this 2003 Act.
(8)
Section 25 of this 2003 Act applies to any satisfaction of judgment filed with
a court on or after the effective date of this 2003 Act, without regard to whether
the judgment was entered before, on or after the effective date of this 2003
Act.
(9)
Sections 26 and 27 of this 2003 Act apply to all judgments, whether entered
before, on or after the effective date of this 2003 Act.
(10)
Section 28 of this 2003 Act applies to any motion for an order declaring that a
money award has been satisfied, or to determine the amount necessary to satisfy
a money award, filed with a court on or after the effective date of this 2003
Act, without regard to whether the judgment was entered before, on or after the
effective date of this 2003 Act.
(11)
Sections 29 and 30 of this 2003 Act apply to execution on any judgment, without
regard to whether the judgment was entered before, on or after the effective
date of this 2003 Act.
(12)
Sections 31 and 32 of this 2003 Act apply to any motion for a debtor
examination made on or after the effective date of this 2003 Act, without
regard to whether the judgment was entered before, on or after the effective
date of this 2003 Act.
(13)
Section 33 of this 2003 Act applies to any written interrogatories served on or
after the effective date of this 2003 Act, without regard to whether the
judgment was entered before, on or after the effective date of this 2003 Act.
(14) Sections 34 to 44 of this 2003 Act apply to any writ of execution issued on or after the effective date of this 2003 Act, without regard to whether the judgment was entered before, on or after the effective date of this 2003 Act.
SECTION 45a. ORS 18.370 is amended to read:
18.370. A conveyance of real property, or any portion thereof, or interest therein, shall be void as against the lien of a judgment, unless [such] the conveyance [be] is recorded at the time [of docketing such] the judgment [or the recording of a certified copy of the judgment or a lien record abstract as the case may be] is entered, or at the time the judgment is recorded under section 15 of this 2003 Act.
WRITS OF GARNISHMENT
SECTION 46. ORS 18.600, 18.602, 18.605, 18.607, 18.609, 18.610, 18.615, 18.618, 18.620, 18.625, 18.627, 18.635, 18.638, 18.640, 18.645, 18.650, 18.652, 18.655, 18.658, 18.665, 18.668, 18.670, 18.672, 18.680, 18.682, 18.685, 18.688, 18.690, 18.692, 18.700, 18.702, 18.705, 18.708, 18.710, 18.712, 18.715, 18.718, 18.725, 18.730, 18.732, 18.735, 18.738, 18.740, 18.742, 18.745, 18.750, 18.752, 18.755, 18.758, 18.760, 18.770, 18.775, 18.778, 18.780, 18.782, 18.790, 18.792, 18.795, 18.798, 18.800, 18.810, 18.830, 18.832, 18.835, 18.838, 18.840, 18.842, 18.845 and 18.850 are added to and made a part of sections 29 to 44 of this 2003 Act.
SECTION 47. ORS 18.600 is amended to read:
18.600. As used in ORS 18.600 to 18.850:
(1) “Check” has the meaning given that term in ORS 73.0104.
(2) “Creditor” means a person to whom a debt is owed by a debtor.
(3) “Debt” means any monetary obligation for which a garnishment may be issued under ORS 18.605.
(4) “Debtor” means a person whose property is being garnished for the purpose of paying a debt owed to a creditor.
(5) “Financial institution” means a financial institution or trust company as those terms are defined in ORS 706.008.
(6) “Garnishable property” means all property described in ORS 18.615, but does not include:
(a) Any property that is not subject to garnishment under ORS 18.618; and
(b) Any property that is applied as a setoff under ORS 18.620 or 18.795.
(7) “Garnishee” means a person to whom a writ of garnishment has been delivered.
(8) “Garnishor” means:
(a) The creditor, if the writ is issued by the [clerk of the] court administrator on behalf of the creditor under ORS 18.635 (2); or
(b) The issuer, if the writ is issued under ORS 18.635 by any person other than the [clerk of the] court administrator.
(9) “Past due support” means the amount of child or spousal support, or both, determined under a court or administrative order in a proceeding under ORS chapter 107, 108, 109, 110, 416, 419B or 419C that has not been paid or is certified to be owed by another state under ORS 25.083.
(10) “Person” includes any public body, as defined in ORS 192.410.
(11) “Wages” includes all amounts paid for the services of an employee by an employer, including amounts paid as a commission or bonus.
(12) “Writ” means a writ of garnishment.
SECTION 48. ORS 18.607 is amended to read:
18.607. (1) Except as otherwise provided by law, a writ of garnishment must be in substantially the form provided by ORS 18.830. Notation on the writ of additional information for purposes of identifying the debtor or the garnishable property believed to be held by the garnishee does not affect the validity or operation of the writ. A debt calculation form, in substantially the form provided by ORS 18.832, must be prepared for each writ of garnishment issued.
(2) A writ of garnishment must contain all of the following information:
(a) The name of the court whose authority is invoked.
(b) The names of the creditor and debtor.
(c) The name of the garnishor.
(d) The date on which judgment was entered against the debtor or the debt otherwise became subject to garnishment under ORS 18.605.
(e) The debtor’s Social Security number or employer identification number, if those numbers are known by the garnishor. A public body, as defined in ORS 192.410, shall not include the Social Security number of the debtor if the disclosure of the Social Security number would violate federal law or any law of this state.
(f) The amount subject to garnishment under the writ, as determined by completing the debt calculation form provided in ORS 18.832.
(g) The date on which the writ is issued.
(h) All addresses required in the writ of garnishment form provided by ORS 18.830.
(3) If a writ of garnishment is issued by the [clerk of the] court administrator, the creditor must sign the certification in the writ indicating that the creditor has read the writ and that to the best of the knowledge, information and belief of the creditor there is good ground to support issuance of the writ and the amount indicated in the writ as subject to garnishment.
(4) If a writ is issued by any person other than the [clerk of the] court administrator, the person issuing the writ must sign the certification described in subsection (3) of this section.
SECTION 49. ORS 18.609 is amended to read:
18.609. (1) A writ of garnishment is valid only if the writ is delivered not more than 60 days after the writ is issued. If the writ is delivered within the time specified in this section, the writ acts to garnish property for the period of time specified by ORS 18.625.
(2) If the [clerk of the] court administrator is issuing a writ of garnishment, the date of issuance for the writ is the date the [clerk] court administrator stamps and signs the writ. If the writ is issued by any other person, the date of issuance for the writ is the date on which the issuer signs the certification described in ORS 18.607 (4).
SECTION 50. ORS 18.635 is amended to read:
18.635. (1) A writ of garnishment may be issued only by a person specified in this section.
(2) The [clerk of a] 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 [the] a circuit court or docketed in the docket of [the] a justice or municipal court;
(b) Pursuant to an order for provisional process under ORCP 83 and 84; or
(c) On behalf of a claimant under an order recorded pursuant to ORS 671.707 or 701.150, if the claimant has complied with the requirements of ORS 205.126.
(3) An attorney who is an active member of the Oregon State Bar may issue a writ for the purpose of enforcing:
(a) A judgment that requires payment of money and that has been entered in the register of a circuit court of this state or docketed in the docket of a justice or municipal court of this state; and
(b) An order or warrant that an agency has recorded in the County Clerk Lien Record as authorized by law, including any order that has been recorded pursuant to ORS 671.707 or 701.150.
(4) The administrator, as defined in ORS 25.010, may issue writs of garnishment only for the collection of past due support. Writs issued under this subsection are subject to the provisions of ORS 18.645.
SECTION 51. ORS 18.638 is amended to read:
18.638. (1) Unless there are grounds for denying issuance of a writ of garnishment under ORS 18.640, the [clerk of the] court administrator shall issue writs of garnishment upon proper application and payment of all required fees. A writ of garnishment issued by the [clerk] court administrator must be signed by the creditor. The signature constitutes a certificate by the person under ORCP 17 and is subject to the sanctions provided by ORCP 17.
(2) The [clerk of the] court administrator may not fill in or complete a writ of garnishment on behalf of a creditor.
(3) The [clerk of the] court administrator is not responsible for verifying the amounts set forth in a writ issued by the [clerk,] court administrator and is not liable for errors in the writ made by the creditor.
SECTION 52. ORS 18.640 is amended to read:
18.640. (1) The [clerk of the] court administrator shall refuse to issue a writ of garnishment that is not substantially in the form required by ORS 18.830.
(2) The [clerk of the] court administrator shall refuse to issue a writ of garnishment that is incomplete or contains improper instructions. Grounds for refusing issuance of a writ under this subsection include:
(a) The [clerk’s] inability of the court administrator to verify the existence of the debt claimed as the basis for the writ by a review of the register of the court.
(b) A determination by the [clerk] court administrator, based on a review of the register of the court, that a satisfaction of judgment has been filed with the court.
(3) The [clerk of the] court administrator shall refuse to issue a writ of garnishment pursuant to an order for provisional process under ORCP 83 and 84 if the party seeking issuance of the writ has not complied with all requirements of ORCP 82 A(3), A(5) and A(6) and B to G, 83 and 84.
SECTION 53. ORS 18.645 is amended to read:
18.645. (1) The administrator, as defined in ORS 25.010, may issue writs of garnishment for the collection of past due support in the manner provided by this section. Except as otherwise specifically provided in ORS 18.600 to 18.850, the provisions of ORS 18.600 to 18.850 apply to all writs issued under this section.
(2) Notwithstanding ORS 18.607, a writ of garnishment issued under this section need not contain the name of the court whose authority is invoked.
(3) Notwithstanding ORS 18.690, a garnishee who receives a writ of garnishment issued under this section need not deliver a copy of the garnishee response to the [clerk of the] court administrator.
(4) Notwithstanding ORS 18.730, the issuer of a writ under this section must hold any payments received from the garnishee:
(a) For a period of 120 days after delivery of the writ, if the garnishee is making a payment of wages; and
(b) For a period of 30 days after delivery of the writ, if the garnishee is making a payment other than wages.
(5) When issuing writs under this section, the Administrator of the Division of Child Support of the Department of Justice shall modify the forms provided in ORS 18.600 to 18.850 to reflect the provisions of this section.
SECTION 53a. If House Bill 2114 becomes law, section 53 of this 2003 Act (amending ORS 18.645) is repealed and ORS 18.645, as amended by section 1, chapter 373, Oregon Laws 2003 (Enrolled House Bill 2114), is amended to read:
18.645. (1) The administrator, as defined in ORS 25.010, may issue writs of garnishment for the collection of past due support in the manner provided by this section. Except as otherwise specifically provided in ORS 18.600 to 18.850, the provisions of ORS 18.600 to 18.850 apply to all writs issued under this section.
(2) Notwithstanding ORS 18.607, a writ of garnishment issued under this section need not contain the name of the court whose authority is invoked.
(3) A single writ of garnishment may be issued under this section for two or more judgments for past due support owed by the same judgment debtor. A separate debt calculation form for each of the judgments must be prepared as provided by ORS 18.832. The writ must reflect the captions of all cases for which the writ is issued. The writ also must reflect, as the amount subject to garnishment under the writ, the sum of the amounts due under all of the judgments subject to the writ. Notwithstanding ORS 18.700 (2), the debtor may file a challenge to a writ issued under this subsection with the [clerk of] court administrator for any court in which one of the judgments subject to the writ was entered. Upon receipt of a notice of a challenge to a garnishment under this subsection, the issuer of the writ shall file with the [clerk of the] court administrator a response to the challenge, attaching copies of the writ and garnishee response, copies of all judgments for which the writ is issued and the debt calculation forms for those judgments, and any supporting documentation necessary or helpful to the court in making a determination on the challenge. The Department of Justice shall adopt rules governing the distribution to judgment creditors of amounts received by the administrator under a writ issued under this subsection.
(4) Notwithstanding ORS 18.690, a garnishee who receives a writ of garnishment issued under this section need not deliver a copy of the garnishee response to the [clerk of the] court administrator.
(5) Notwithstanding ORS 18.730, the issuer of a writ under this section must hold any payments received from the garnishee:
(a) For a period of 120 days after delivery of the writ, if the garnishee is making a payment of wages; and
(b) For a period of 30 days after delivery of the writ, if the garnishee is making a payment other than wages.
(6) When issuing writs under this section, the Administrator of the Division of Child Support of the Department of Justice shall modify the forms provided in ORS 18.600 to 18.850 to reflect the provisions of this section.
SECTION 54. ORS 18.668 is amended to read:
18.668. (1) Notwithstanding any provision of ORS 18.600 to 18.850, a garnishee may pay to the garnishor or to the [clerk of the] court administrator any money that the garnishee reasonably believes may have been garnished and may deliver to the sheriff in the manner provided by ORS 18.600 to 18.850 any property that the garnishee reasonably believes to have been garnished. The garnishee has no duty to determine whether money or property held by the garnishee is exempt from garnishment or to determine whether the money or property is garnishable property.
(2) If the garnishee makes payment of garnished money to the garnishor or to the [clerk of the] court administrator under subsection (1) of this section, or delivers garnished property to the sheriff in the manner provided by ORS 18.600 to 18.850, the garnishee is discharged from liability to the creditor for the value of the money paid or property delivered.
(3) If the garnishee requests a receipt, the sheriff or [clerk of the] court administrator shall provide the garnishee with a receipt for any property delivered to the sheriff or payment made to the [clerk] court administrator.
SECTION 55. ORS 18.672 is amended to read:
18.672. Garnishment does not impair the powers of a personal representative over estate property for the purposes of administration. If a personal representative receives a writ of garnishment, the personal representative must prepare and deliver a garnishee response in the manner provided by ORS 18.600 to 18.850, but no payment of money or delivery of property need be made by the personal representative until such time as specified in this section. The personal representative must note on the response that the property is estate property subject to administration. The personal representative must also file a copy of the writ of garnishment and the garnishee response in the office of the [clerk of the] court administrator for the court in which the estate is being administered, and must report the garnishment to the court in any petition for distribution. In a [decree] judgment made upon such petition, distribution shall be ordered to the heir or legatee, but delivery shall be ordered to the sheriff or to the garnishor, as required by ORS 18.600 to 18.850.
SECTION 56. ORS 18.690 is amended to read:
18.690. (1) Except as provided in subsection (2) of this section, a garnishee who is required to deliver a garnishee response must mail or personally deliver:
(a) The original of the response to the garnishor;
(b) A copy of the response to the debtor; and
(c) A copy of the writ of garnishment and a copy of the response to the [clerk of the] court administrator for the court specified in the writ as having authority over the writ.
(2) The garnishee shall not mail or personally deliver a copy of the writ and a copy of the garnishee response to the [clerk of the] court administrator if:
(a) The garnishee discovers that a voluntary or involuntary bankruptcy petition has been filed by or on behalf of the debtor after the debt was adjudicated as provided in ORS 18.605, and the garnishee will not make payments or deliver property under the writ pursuant to ORS 18.618 (2); or
(b) The garnishee does not employ the debtor and the garnishee has no property of the debtor in the garnishee’s possession, control or custody that is garnishable property.
(3) For the purpose of compliance with ORS 18.680, delivery of a garnishee response under this section is accomplished upon mailing or upon personal delivery of the response.
SECTION 57. ORS 18.700 is amended to read:
18.700. (1) A debtor may use a challenge to a garnishment to claim such exemptions from garnishment as are permitted by law. A challenge to a garnishment may also be used by a debtor:
(a) To assert that the amount specified in the writ of garnishment as being subject to garnishment is greater than the total amount owed by the debtor to the creditor; or
(b) To assert that property is not garnishable property.
[(2) A debtor may make a challenge to a garnishment by completing the challenge to garnishment form provided by ORS 18.850, or a substantially similar form, and by delivering the original of the completed form in person or by first class mail to the clerk of the court named in the writ of garnishment as the court with authority over the writ. A challenge to a garnishment must be delivered:]
(2) A debtor may make a challenge to a garnishment by completing the challenge to garnishment form provided by ORS 18.850, or a substantially similar form, and by delivering, in person or by first class mail, the original of the completed form to the court administrator for the court specified in the writ of garnishment as the court with authority over the writ and a copy of the completed form to the garnishor. A challenge to a garnishment must be delivered:
(a) Within 120 days after a copy of the writ of garnishment is delivered to the debtor, if the garnishee is the employer of the debtor and the challenge is based on an exemption that is claimed for wages earned by the debtor from the garnishee; or
(b) Within 30 days after a copy of the writ of garnishment is delivered to the debtor, if the challenge is made on any other basis.
(3) Upon receiving a challenge to a garnishment under subsection (2) of this section, the [clerk of the] court administrator shall retain all payments sent to the [clerk] court administrator under ORS 18.705 and 18.708 until such time as the court enters a decision on the challenge. The [clerk] court administrator shall reject any payment that is received after the challenge is made and that is not payable to the court, and the court administrator shall return the payment to the garnishee with instructions to reissue the payment as payable to the court.
(4) A court shall not require the payment of any fee for the filing of a challenge to a garnishment.
SECTION 58. ORS 18.702 is amended to read:
18.702. (1) Without unreasonable delay, a [clerk of the] court administrator who has received a challenge to a garnishment under ORS 18.700 shall provide written notice of the challenge as provided in this section. The notice must include a statement reflecting the consequences of failure of a garnishor or garnishee to comply with the requirements of ORS 18.705 and 18.708. The notice may include the notice of hearing under ORS 18.710.
(2) The [clerk of the] court administrator shall provide the notice of a challenge required by subsection (1) of this section to:
(a) The garnishor.
(b) The garnishee, unless the [clerk] court administrator knows that the garnishee has already delivered all garnishable property to the garnishor.
(c) The sheriff of the county identified in any notice delivered to the [clerk] court administrator under ORS 18.755 (5).
SECTION 59. ORS 18.705, as amended by section 2, chapter 304, Oregon Laws 2003 (Enrolled House Bill 2821), is amended to read:
18.705. (1) Except as provided in subsection (2) of this section, upon receiving notice of a challenge to a garnishment under ORS 18.702, a garnishor must send to the court specified in the writ of garnishment all amounts received by the garnishor that the debtor has claimed to be exempt or not subject to garnishment, unless the court specifically orders otherwise. The payment to the court must be in cash or by check made payable to the court. If the payment has not reached the court by the time of the hearing under ORS 18.710, the [clerk of the] court administrator shall so notify the judge presiding at the hearing. If the court determines that any of the garnished money should be disbursed to the debtor and the payment has not reached the court by the time of that determination, the court may issue an order requiring that the garnishor appear and show cause why the garnishor should not be held in contempt. In addition to contempt proceedings, the court may require the garnishor to pay attorney fees under ORS 20.105. A court’s imposition of sanctions under this subsection does not limit any remedy otherwise available to the debtor.
(2) Subsection (1) of this section does not apply if the garnishor is not required by law or allowed by law to disburse the payment.
(3) The receipt of a challenge to a garnishment does not affect the requirement under ORS 18.755 (1) that the garnishor mail or deliver a written request for sale of property, and pay the fees determined by the sheriff under ORS 18.755 (3), not later than 20 days after the garnishee delivers the garnishee response to the [clerk of the] court administrator for the court specified in the writ of garnishment as having authority over the writ. The garnishor must note upon the request for sale that a challenge to the garnishment has been made by the debtor.
SECTION 60. ORS 18.708 is amended to read:
18.708. (1) Upon receiving notice of a challenge to a garnishment under ORS 18.702, a garnishee who would otherwise be required to make a payment to the garnishor shall mail or deliver the payment, by cash or by check made payable to the court, to the [clerk of the] court administrator. The garnishee must make the payment to the court within the time that the garnishee would have otherwise been required to mail or deliver the payment to the garnishor. A garnishee who fails to make payment in the manner required by this section is subject to liability under the provisions of ORS 18.775 to 18.782.
(2) Upon receiving notice of a challenge under ORS 18.702, a garnishee who holds any property described in ORS 18.750 must hold the garnished property for the period specified in ORS 18.752 (1). If the sheriff informs the garnishee before the end of the period specified in ORS 18.752 (1) that the property held by the garnishee will be sold, the garnishee shall continue to hold the property until receiving further directions from the court.
SECTION 61. ORS 18.710 is amended to read:
18.710. (1) 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 [clerk of the] court administrator shall immediately set a hearing date and send notice of the hearing to the parties. The hearing shall be held as soon as possible.
(2) Hearings on a challenge to a garnishment may be held by telecommunication.
(3) The debtor has the burden to prove timely delivery of a challenge to a garnishment.
SECTION 62. ORS 18.712 is amended to read:
18.712. (1) Except as provided in subsection (3) of this section, if a challenge to a garnishment is allowed by the court, the [clerk of the] court administrator shall mail to the debtor from any payments made to the [clerk] 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 challenge to a garnishment has been made for property described in ORS 18.750 and a request for sale of the property has been made by the garnishor under ORS 18.755, the [clerk] court administrator shall give notice of the court’s decision to the garnishee and to the sheriff who would conduct the sale.
(2) Except as provided in subsection (3) of this section, any amount determined to be garnishable property that is not exempt after a hearing shall be mailed to the garnishor within 10 judicial days after the court’s order denying the challenge as to that amount.
(3) The Judicial Department may by written policy establish time limitations different from the 10-day period provided in subsections (1) and (2) of this section for the delivery of amounts after a judicial determination on a challenge to a garnishment. The time limitations established by the department may be longer or shorter than the 10-day period. The policy may provide for a period longer than 10 days for a category of payments only if the department determines that the category is subject to special circumstances that create substantial difficulties in meeting a requirement of delivery within 10 days. The policy shall provide for delivery in less than 10 days for any category of payments that the department determines can be delivered within a shorter period of time. The department shall consider federal guidelines and rules relating to the timing of transactions in financial institutions in developing a policy under this subsection. Any policy adopted under this subsection applies to all courts of this state, except that municipal courts and justice courts are not bound by any requirement that a category of payments be delivered in less than 10 days.
SECTION 63. ORS 18.718 is amended to read:
18.718. (1) Notwithstanding ORS 18.700 (2), if a writ of garnishment is issued pursuant to ORS 25.083, the debtor may:
(a) Challenge the enforcement of the past due support in the appropriate tribunal of the state upon whose request the writ was issued as indicated in the writ of garnishment; or
(b) File a challenge to the garnishment with the [clerk of the] court administrator for the court in the county in which the property was located when the writ was delivered, if the debtor pays the filing fee required for an appearance under ORS chapter 21 and files with the [clerk of the] court administrator copies of the writ of garnishment, the debt calculation form and the garnishee response delivered to the debtor under ORS 18.658.
(2) When a challenge to a garnishment is filed under this section, the [clerk of the] court administrator shall enter the filing in the court register and the court shall decide the challenge in the manner provided by ORS 18.710.
(3) Immediately upon receipt of a notice of a challenge to a garnishment under this section, the issuer of the writ shall file with the [clerk of the] court administrator a response to the challenge, attaching copies of the writ of garnishment and garnishee response, and any supporting documentation necessary or helpful to the court in making a determination on the challenge.
SECTION 64. ORS 18.725 is amended to read:
18.725. 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 [clerk of the] court administrator for the court specified in the writ of garnishment an application in substantially the form set forth in ORS 18.850 for a challenge to a garnishment. The provisions of ORS 18.700 to 18.715 apply to an application made under this section.
SECTION 65. ORS 18.730 is amended to read:
18.730. (1) Unless the court has directed otherwise or the garnishee has received notice that a challenge to the garnishment has been filed by the debtor, a garnishee shall make payments of money under a writ of garnishment to the garnishor.
(2) Except as provided in ORS 18.645 and 18.745, a garnishor receiving a payment under a writ of garnishment must hold the payment for a period of 10 days after receipt. The payments must be held in this state, must be clearly identifiable and must be held separate and apart from any account used for operating a business or used to pay personal or business expenses. A payment under a writ may be commingled with other garnished money.
(3) If a garnishee receives notice of a challenge to the garnishment from the [clerk of the] court administrator under ORS 18.702, the garnishee shall cease making payments to the garnishor and shall make all further payments to the [clerk of the] court administrator in the manner provided by ORS 18.708.
SECTION 66. ORS 18.738 is amended to read:
18.738. (1) The [clerk of 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 [clerk] court administrator in error or any payment that exceeds the amount required to satisfy the garnishment.
(2) The [clerk of the] court administrator may return to the garnishee any payment received from the garnishee unless the garnishee has delivered a garnishee response to the court in the manner required by ORS 18.690 or has provided a statement to the [clerk] court administrator that the payment is a voluntary payment on behalf of the debtor to be applied toward satisfaction of the garnishment or is a payment under another law or court order that requires or allows the garnishee to pay money to the court.
SECTION 67. ORS 18.740 is amended to read:
18.740. (1) If a garnishee erroneously sends a payment to the court that should have been sent to the garnishor, the [clerk of 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 [clerk] court administrator may deposit and hold the check until the check has cleared and then forward the payment to the garnishor.
(2) The [clerk of the] court administrator is not liable for interest on money erroneously sent to the court if the [clerk] court administrator transmits the money to the garnishor in a timely manner.
SECTION 68. ORS 18.742 is amended to read:
18.742. (1) If a garnishee makes payment to the garnishor, the payment shall be credited against the debt on the date the garnishor receives the payment.
(2) If a garnishee makes payment to the court, the payment shall be credited against the debt on the date the [clerk of the] court administrator disburses payment to the garnishor, unless the court otherwise orders. This subsection applies even if the garnishee makes payment to the court in error or when the [clerk] court administrator holds money pending a decision on a challenge to the garnishment.
SECTION 69. ORS 18.755, as amended by section 4, chapter 304, Oregon Laws 2003 (Enrolled House Bill 2821), is amended to read:
18.755. (1) If a garnishee indicates in the garnishee response that the garnishee holds any property described in ORS 18.750, the garnishor may require that the property be sold and that the proceeds of the sale be applied against the debt owed to the creditor. A sale of the property shall be conducted by the sheriff only if the garnishor mails or delivers a written request for sale of the property, and pays the fees determined by the sheriff under subsection (3) of this section, not later than 20 days after the garnishee delivers the garnishee response to the [clerk of the] court administrator for the court specified in the writ of garnishment as having authority over the writ. A copy of the writ and a copy of the garnishee response must be attached to the request for sale of the property.
(2) A sale of the property described in ORS 18.750 may be conducted under ORS 18.750 to 18.760 only by the sheriff of the county in which the writ was delivered or, if the property is not located within the county in which the writ was delivered, by the sheriff of the county in which the property is located.
(3) A garnishor may request that the sheriff of a county described in subsection (2) of this section provide a statement to the garnishor of the fees that the sheriff will charge for conducting a sale of property that is described in ORS 18.750. The sheriff shall conduct such investigation as may be necessary to determine the difficulty of conducting any sale of the property under ORS 18.758, including any costs that the sheriff may incur in taking into possession any of the property described in ORS 18.750 (3). The sheriff shall determine whether the property described in ORS 18.750 (3) should be taken into possession of the sheriff, or whether the sheriff should enter into an agreement with the garnishee for the garnishee to continue to hold the property pending sale by the sheriff. The sheriff shall provide the statement of fees to the garnishor not later than five days after the garnishor requests the statement.
(4) If the garnishor mails or delivers a written request for sale of property and pays the sheriff fees determined under subsection (3) of this section within the time allowed by subsection (1) of this section, the sheriff shall promptly mail or deliver a written notice to the garnishee. The notice shall direct the garnishee to:
(a) Hold all property described in ORS 18.750 (2)(a) to (c) until the garnishee receives further instructions with respect to disposition of the property; and
(b) Deliver all property described in ORS 18.750 (2)(d) to the sheriff, unless the sheriff has agreed with the garnishee that the property should continue to be held by the garnishee pending sale.
(5) Upon sending a notice to a garnishee under subsection (4) of this section, the sheriff shall mail or deliver a copy of the notice to the [clerk of the] court administrator for the court with authority over the writ.
SECTION 69a. ORS 18.752, as amended by section 3, chapter 304, Oregon Laws 2003 (Enrolled House Bill 2821), is amended to read:
18.752. (1) If a garnishee indicates in the garnishee response that the garnishee holds any property described in ORS 18.750, the garnishee must hold the garnished property, or a portion of the property sufficient to satisfy the garnishment, for a period of 30 days after the garnishee delivers the garnishee response to the [clerk of the] court administrator for the court specified in the writ of garnishment as having authority over the writ, unless the sheriff or the garnishor notifies the garnishee that the garnishment is released or terminated. If the sheriff contacts the garnishee during the 30-day period, the garnishee shall deliver the property to the sheriff or take such other action as may be specified in the notice given to the garnishee under ORS 18.755 (4).
(2) If the garnishee is not contacted by the sheriff before the end of the 30-day period provided for in subsection (1) of this section, the garnishment is of no further force or effect with respect to the property and the garnishee may deal with the garnished property as if the writ had not been delivered to the garnishee.
SECTION 70. ORS 18.770 is amended to read:
18.770. (1) A garnishor may issue a release of garnishment that covers all or any portion of the property held under a writ of garnishment. The release must be in substantially the form provided by ORS 18.842. The garnishor must deliver a copy of the release to the garnishee and the debtor. In addition, the garnishor must deliver a copy of the release to:
(a) The sheriff, if the garnishor has made a request for sale of property under ORS 18.755; and
(b) The [clerk of the] court administrator for the court specified in the writ of garnishment as the court with authority over the writ, if the garnishor has made a request for sale of property under ORS 18.755 or if the garnishor has received a challenge to the garnishment.
(2) A person who does not receive a copy of a release under this section is not liable for treating the property as though the writ were still in effect.
(3) Any proceedings for the sale of property under ORS 18.758 shall be terminated immediately upon receipt by the sheriff of a copy of a release of garnishment.
(4) Upon receipt of a copy of a release under this section, the garnishee may proceed to deal with the released property as though the writ of garnishment had not been issued.
SECTION 71. ORS 18.800 is amended to read:
18.800. (1) Except as provided in this section, the provisions of ORS 18.600 to 18.850 apply to all writs of garnishment issued on behalf of agencies for the enforcement of agency orders or warrants that are recorded in the County Clerk Lien Record.
(2) Notwithstanding ORS 18.690, a garnishee who receives a writ of garnishment described in subsection (1) of this section need not deliver a copy of the garnishee response to the [clerk of the] court administrator for the court identified as having authority over the writ.
(3) Notwithstanding ORS 18.700, a debtor who wishes to make a challenge to a writ of garnishment described in subsection (1) of this section must deliver the challenge in person or by first class mail to the garnishor within the time specified by ORS 18.700 (2).
(4) A person issuing a writ of garnishment described in subsection (1) of this section shall modify the forms provided in ORS 18.600 to 18.850 to reflect that:
(a) The writ of garnishment is issued pursuant to an order or warrant recorded in the County Clerk Lien Record;
(b) A copy of the garnishee response need not be delivered or mailed to the [clerk of the] court administrator for the court identified in the writ; and
(c) A challenge to a writ of garnishment described in subsection (1) of this section must be delivered to the garnishor and not to the court.
(5) Within 14 days after receipt of a challenge to a garnishment described in subsection (1) of this section, the garnishor must either:
(a) Release all property claimed as exempt from or not subject to garnishment under the challenge to the garnishment; or
(b) File with the [clerk of the] court administrator a response to the challenge attaching copies of the writ and garnishee response[,] and any supporting documentation necessary or helpful to the court in making its determination on the challenge to the garnishment.
(6) The provisions of this section do not apply to writs of garnishment issued by the [clerk of the] court administrator, writs issued by an attorney for the enforcement of an order recorded under ORS 671.707 or 701.150 or writs issued by the administrator, as defined in ORS 25.010, under ORS 18.645.
SECTION 72. ORS 18.810 is amended to read:
18.810. (1) Notwithstanding any other provision of ORS 18.600 to 18.850, a debt calculation form need not be prepared or delivered for any writ of garnishment issued pursuant to an order for provisional process under ORCP 83 and 84.
(2) Notwithstanding ORS 18.730, if a writ of garnishment is issued pursuant to an order for provisional process under ORCP 83 and 84, all payments of money by the garnishee under the writ shall be made to the [clerk of the] court administrator for the court specified in the writ as the court with authority over the writ. The [clerk] court administrator shall hold the money pending [final] entry of a judgment against the debtor unless the court finds, upon a challenge to the garnishment made by the debtor under ORS 18.700, that all or part of the money is exempt from execution or not subject to garnishment. If [final] judgment is [rendered] entered in favor of the debtor, the [court shall order the clerk] judgment must direct the court administrator to pay the money to the debtor. If [final] judgment is [rendered] entered in favor of the creditor, the [court shall order the clerk] judgment must direct the court administrator to pay to the creditor as much of the money as will satisfy the judgment and to pay the remainder to the debtor.
(3) Notwithstanding ORS 18.750 to 18.760, if a writ of garnishment is issued pursuant to an order for provisional process under ORCP 83 and 84, the sheriff shall not sell any property described in ORS 18.750 before [final] a judgment is entered in the proceedings, unless the court finds, upon a challenge made by the debtor under ORS 18.700, that all or part of the property is exempt from execution or is not subject to garnishment. If [final] judgment is [rendered] entered in favor of the debtor, the [court shall order] judgment must direct the sheriff to deliver the property to the debtor. If [final] judgment is [rendered] entered in favor of the creditor, the [court shall order] judgment must direct the sheriff to sell the property in the manner provided by ORS 18.758.
(4) If property taken into the possession of the sheriff under a writ of garnishment issued pursuant to an order for provisional process under ORCP 83 and 84 is perishable, or the cost of storing the property is great, the sheriff shall sell the property in the same manner in which property is sold on execution. The proceeds shall be held and distributed in the same manner as provided in subsection (2) of this section for payments made under the writ.
(5) The [clerk of the] court administrator shall attach to any writ of garnishment issued pursuant to an order for provisional process under ORCP 83 and 84 a notice that informs the garnishee of the provisions of subsection (2) of this section.
SECTION 73. ORS 18.830 is amended to read:
18.830. 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 FOLLOWING:
_____ (who is called the “Debtor”) owes money to _____ (who is called the “Creditor”). A judgment was entered against the Debtor for the debt, or the debt otherwise became subject to garnishment, on_______, 2___. The Debtor’s Social Security number or employer identification number is _____ (insert if known).
The amount subject to garnishment is $___.
This writ garnishes all of the following:
• Wages that you owe the Debtor at the time this writ is delivered to you, and all wages that the Debtor earns during the 90-day period following the date on which you receive this writ.
• All property of the Debtor (including money) that is in your possession, control or custody at the time this writ is delivered to you.
• All debts that you owe the Debtor at the time this writ is delivered to you, whether or not payment is due on the debt at the time you receive this writ.
YOU MUST ANSWER THIS WRIT BY COMPLETING THE ATTACHED GARNISHEE RESPONSE WITHIN THE TIME ALLOWED BY LAW, WHETHER OR NOT YOU HOLD ANY OF THE DEBTOR’S PROPERTY OR OWE ANYTHING TO THE DEBTOR. IF YOU DO NOT TRUTHFULLY ANSWER THIS WRIT, OR YOU DO NOT DELIVER MONEY OR PROPERTY WHEN YOU ARE REQUIRED TO DO SO, YOU WILL BE LIABLE TO THE CREDITOR.
If you have questions, you should contact an attorney. [The clerk of the] Court employees cannot give you legal advice. The Creditor’s attorney cannot give you legal advice.
A writ of garnishment may [only] be issued only by the [clerk of the] court administrator, by the attorney for the Creditor or by a person who is specifically authorized by law to issue garnishments. This writ is issued by:
__ The [clerk of the] court administrator
__ The attorney for the Creditor
__ Other authorized issuer:
Name and title _________
Authority to issue writ ________
This writ is valid only if it has been delivered to you within 60 days after the date of issuance. If the [clerk of the] court administrator is issuing this writ, the date of issuance is the date the [clerk] court administrator signs the writ (see “COURT SEAL” below). If this writ is issued by any other person, the date of issuance is the date on which the issuer signs the certification (see “CERTIFICATION” below).
IMPORTANT ADDRESSES
(see Step 2 of Instructions to Garnishee form)
([Clerk of the] Court Administrator)
_______ Court
Street address _______
City _____ County _____
State _____ Zip Code _____
(Debtor)
Name ________
Telephone number (if known) ______
__ Street address _________
City ______ State _____
Zip Code ______
__ Creditor has no knowledge of Debtor’s address
(Garnishor; check one)
__ Creditor: (Must be filled in if [clerk of] the court administrator issues writ.)
Name ________
Street address ________
City ______ State _____
Zip Code ______
__ Attorney for Creditor:
Name ___________
Street address ________
City ______ State ______
Zip Code ______
Telephone number ________
Oregon State Bar number _______
__ Other authorized issuer of writ:
Name ________
Street address ________
City ______ State _____
Zip Code ______
Telephone number ________
CERTIFICATION
(The following certification must be signed by the Creditor if this writ is issued by the [clerk of the] court administrator. In all other cases, the following certification must be signed by the person issuing the writ.)
I certify that I have read this writ of garnishment and to the best of my knowledge, information and belief, there is good ground to support issuance of the writ, and the amount indicated as subject to garnishment is lawfully subject to collection by this writ.
_____________________ ___________, 2____
Signature Date
____________________
Oregon State Bar No. (if attorney)
COURT SEAL
(To be completed only if this writ is issued by the [clerk of the] court administrator. The writ must be stamped by the [clerk] court administrator. The [clerk] court administrator has not calculated any amounts on the writ and is not liable for errors made in the writ by the Creditor.)
Issued by the [clerk of the] court administrator this ___ day of ___________, 2___.
[CLERK OF THE] COURT ADMINISTRATOR
By ____________________
______________________________________________________________________________
SECTION 74. ORS 18.832 is amended to read:
18.832. (1) A debt calculation form shall be prepared for each writ of garnishment issued. A copy of the form need not be served on the garnishee, but a copy must be delivered to the debtor along with a copy of the writ in the manner required by ORS 18.658.
(2) A debt calculation form must be in substantially the following form:
______________________________________________________________________________
_______COURT
COUNTY OF ________
_________ )
Plaintiff, ) DEBT
) CALCULATION
vs. ) Case No. ______
)
_________ )
Defendant. )
TO: ________(Debtor).
The following amounts have been calculated to be owing from you to _____ (Creditor). The amounts are owed by reason of:
__ A judgment entered against you dated______, 2___, in Case No.______, _______Court, _______County.
__ Other debt subject to garnishment under the law (provide details):
_______________________________________________
_______________________________________________
THE [CLERK OF THE] COURT ADMINISTRATOR HAS NOT CALCULATED ANY AMOUNTS FOR THE PURPOSE OF THIS FORM AND IS NOT LIABLE FOR ERRORS IN THIS FORM OR IN THE WRIT OF GARNISHMENT MADE BY THE CREDITOR OR GARNISHOR.
Original Debt Amount $_______
+ Pre-adjudication Interest $_______
+ Attorney Fees $_______
+ Cost Bill $_______
+ Post-adjudication Interest $_______
+ Delivery Fee for Writ $_______
+ Sheriff’s Fees other
than Delivery Fees $_______
+ Other (Explain. Attach
additional sheets
if necessary.)
________ $_______
________ $_______
________ $_______
________ $_______
Total “Other”
from additional
sheets (if used)
+ Past Writ Issuance Fees $_______
+ Past Delivery Fees $_______
+ Transcript and Filing
Fees for Other Counties $_______
= Subtotal $_______
LESS Payments Made on Debt $(_______)
= Total Amount Required to
Satisfy Debt in Full $_______
NOTE: INSERTING ITEMS AND AMOUNTS NOT LAWFULLY SUBJECT TO COLLECTION BY GARNISHMENT MAY RESULT IN LIABILITY FOR WRONGFUL EXECUTION.
I certify that I have read this Debt Calculation form and to the best of my knowledge, information and belief the amount shown as owing is correct.
_______________
Creditor (Creditor must sign if writ issued by [clerk of] court administrator.)
_______________
Garnishor (Attorney for Creditor or other person authorized by law to issue writ.)
_______________
Address
_______________
Telephone Number
_______________
Oregon State Bar Number (if attorney)
______________, 2___
Date of Calculation
______________________________________________________________________________
SECTION 75. ORS 18.835 is amended to read:
18.835. 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 following responses are accurate and complete as of that date.
______________________________________________________________________________
PART I: DEBTOR’S PROPERTY
GENERALLY
(ALL GARNISHEES MUST FILL OUT
THIS PORTION OF THE RESPONSE)
Place a check in front of all the following statements that apply. You may need to check more than one statement.
__ I have discovered that a voluntary or involuntary bankruptcy petition has been filed by or on behalf of the Debtor after the date shown on the face of the writ as the date on which the judgment was entered against the Debtor or after the debt otherwise became subject to garnishment. (You need not complete any other part of this response, but you must sign the response and deliver it in the manner specified in Step 2 of the Instructions to Garnishee form.)
__ I do not employ the Debtor, I do not have in my possession, control or custody any personal property of the Debtor, and I do not owe any debts or other obligations to the Debtor.
__ I employ the Debtor. (You must complete Part II of this response.)
__ I have in my possession, control or custody money that belongs to the Debtor (other than wages), or I owe a debt or other obligation to the Debtor (other than wages) that is due as of the time of this response. I am forwarding this money, or enough of it to satisfy the garnishment, to the Garnishor.
__ I owe a debt or other obligation to the Debtor (other than wages) that is not due as of the time of this response but will become due within 45 days. I will forward the money, or enough of it to satisfy the garnishment, to the Garnishor when the debt or other obligation becomes due.
__ I owe the following debt or other obligation to the Debtor (other than wages) that will not become due within 45 days of the time of this response. I will not make any payments on the debt or obligation until I receive instructions from the Sheriff or until 30 days have passed from the date on which I deliver this response. (See Instructions to Garnishee form.)
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
__ I have in my possession, control or custody the following personal property (other than money) that belongs to the Debtor. I will hold all of the property for the Garnishor until I receive instructions from the Sheriff or until 30 days have passed from the date on which I deliver this response. (See Instructions to Garnishee form.)
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
__ I may owe money to or hold property of the Debtor, but I am not sure what or how much it might be. (You must provide an explanation in the following space and you must deliver an amended response when you find out. You must deliver an amended response even if you find out that you have no property of the Debtor or owe no money to the Debtor.)
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
__ The writ of garnishment delivered to me, on its face, does not comply with the Oregon laws governing writs of garnishment, or I cannot determine the identity of the Debtor from the information in the writ. (You must provide an explanation in the following space.)
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
__ I have received an order to withhold income that applies to the income of the Debtor. The order to withhold income has priority over the writ of garnishment, and compliance with the order will reduce or eliminate the money that I would otherwise deliver under the writ. (Provide details, including the name of the agency serving the order to withhold income, the date the order was served on you and the amount to be withheld. If you employ the Debtor, you must still complete Part II of this response.)
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
__ I have received notice of a challenge to the garnishment. I will deliver to the [clerk of the] court administrator all money that I would otherwise deliver to the Garnishor. (See Step 3 of Instructions to Garnishee form.)
__ Other (Explain)
_______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
______________________________________________________________________________
PART II: DEBTOR’S EMPLOYER
(GARNISHEES WHO EMPLOY THE
DEBTOR MUST FILL OUT THIS
PORTION OF THE RESPONSE)
Place a check in front of all the following statements that apply. You may need to check more than one statement.
NOTE: THE LAW PROHIBITS DISCHARGE OF THE DEBTOR FROM EMPLOYMENT BY REASON OF GARNISHMENT.
__ I employ the Debtor. The Debtor is paid on a ___ basis (insert “weekly,” “monthly” or other pay period). Wages will next be payable to the Debtor on the _____ day of______, 2___. I will complete a Wage Exemption Calculation form for each payment of wages that is made during the 90-day period immediately following the date that the writ of garnishment was delivered to me. I will also complete a Wage Exemption Calculation form for the payday immediately following the end of the 90-day period. I will forward to the Garnishor on each of these occasions those wages calculated to be subject to garnishment, or enough of those wages to satisfy the garnishment.
__ I had already received a writ of garnishment from another Garnishor before this writ was delivered to me. Under Oregon law, the previous writ has priority. The previous writ will terminate on the _____ day of______, 2___.
______________________________________________________________________________
I hereby certify that I have fully and accurately completed this garnishee response.
Dated_______, 2____
_______________
Name of Garnishee
_______________
Signature
_______________
Address
______________________________________________________________________________
SECTION 76. ORS 18.838, as amended by section 19, chapter 85, Oregon Laws 2003 (Enrolled House Bill 2274), is amended to read:
18.838. Instructions to garnishees must be in substantially the following form:
______________________________________________________________________________
INSTRUCTIONS TO GARNISHEE
Except as specifically provided in these instructions, you must complete and deliver the Garnishee Response within seven calendar days after you receive the writ of garnishment. If the writ does not comply with Oregon law, the writ is not effective to garnish any property of the Debtor, but you still must complete and deliver the Garnishee Response. You must complete and deliver the response even though you cannot determine from the writ whether you hold any property or owe any debt to the Debtor. If the seventh calendar day is a Saturday, Sunday or legal holiday, you must deliver your response on or before the next following day that is not a Saturday, Sunday or legal holiday.
The writ is not effective, and you need not make a Garnishee Response, if:
• You do not receive the writ within 60 days after the date of issuance shown on the face of the writ.
• You do not receive an original writ of garnishment or a copy of the writ.
Statutes that may affect your rights and duties under the writ can be found in ORS 18.600 to 18.850.
NOTE: The Garnishor may be the Creditor, the attorney for the Creditor or some other person who is authorized by law to issue the writ of garnishment. See the writ to determine who the Garnishor is.
STEP 1. FILL OUT THE GARNISHEE RESPONSE.
All garnishees who are required to deliver a garnishee response must fill in Part I of the Garnishee Response. Garnishees who employ the Debtor must also fill in Part II of the response. You should keep a copy of the response for your records.
Completing Part I of the Garnishee Response. If you discover before you deliver your response that a bankruptcy petition has been filed by or on behalf of the Debtor, and the bankruptcy petition was filed after a judgment was entered against the Debtor or after the debt otherwise became subject to garnishment (see the date specified in the writ), you must put a check by the appropriate statement in Part I. If a bankruptcy petition has been filed, you should not make any payments to the Garnishor unless the court orders otherwise. You need not complete any other part of the response, but you still must sign the response and deliver it in the manner described in Step 2 of these instructions.
In all other cases you must list in Part I all money and personal property of the Debtor that is in your possession, control or custody at the time of delivery of the writ. You must also list all debts that you owe to the Debtor, whether or not those debts are currently due (e.g., money loaned to you by the Debtor that is to be repaid at a later time).
If you are the employer of the Debtor at the time the writ is delivered to you, you must put a check by the appropriate statement in Part I. In addition, you must complete Part II of the response.
If you believe that you may hold property of the Debtor or that you owe a debt to the Debtor, but you are not sure, you must put a check by the appropriate statement and provide an explanation. When you find out what property you hold that belongs to the Debtor, or you find out whether you owe money to the Debtor and how much, you must prepare and deliver an amended response. You must do this even if you find out that you have no property of the Debtor or that you do not owe anything to the Debtor.
If you determine that the writ, on its face, does not comply with Oregon laws governing writs of garnishment, or if you are unable to determine the identity of the Debtor from the information in the writ, then the writ is not effective to garnish any property of the Debtor. You must put a check by the appropriate statement in Part I and provide an explanation. You still must complete the response and deliver the response in the manner described in Step 2 of these instructions.
If you have received an order to withhold income that applies to the income of the Debtor and that order has priority over the garnishment, and if compliance with the order will reduce or eliminate the money or property that you would otherwise deliver under the garnishment, you must put a check by the appropriate statement in Part I. You still must fill out the remainder of the response and deliver the response in the manner described in Step 2 of these instructions. If you employ the Debtor, you still must complete Part II of the response.
If you receive notice of a challenge to the garnishment before you send your response, you must complete and deliver your response as otherwise required by these instructions. However, see Step 3 of these instructions regarding payment of money or delivery of property after receipt of notice of a challenge to the garnishment.
If you owe a debt to the Debtor and the Debtor owes a debt to the holder of an underlying lien on your property, you may be able to offset the amount payable to the underlying lienholder. See ORS 18.620. You must note that you have made the offset in Part I of the response (under “Other”) and specify the amount that was offset.
Completing Part II of the Garnishee Response (employers only). You must fill in Part II of the response if you employ the Debtor on the date the writ of garnishment is delivered to you, or if you previously employed the Debtor and still owe wages to the Debtor on the date the writ is delivered to you.
Wages affected. The writ garnishes all wages that you owe to the Debtor for work performed before the date you received the writ, even though the wages will not be paid until a later date. The writ also garnishes all wages that are attributable to services performed during the 90-day period following the date you received the writ, even though you would not pay the Debtor for all or part of those services until after the end of the 90-day period. Wages subject to garnishment under the writ include all amounts paid by you as an employer, whether on an hourly, weekly or monthly basis, and include commission payments and bonuses.
Example 1: Debtor A is employed by you and is paid a monthly salary on the first day of each month. You receive a writ of garnishment on July 17. The writ garnishes all wages that you owe to Debtor A for work performed on or before July 17. If Debtor A was paid on July 1 for services performed in the month of June, the writ garnishes Debtor A’s salary for the period beginning July 1 and ending October 15 (90 days after receipt of the writ).
Calculation of wages subject to garnishment. A Wage Exemption Calculation form is attached to the writ of garnishment. You must use this form to calculate the amount of the Debtor’s wages that is subject to garnishment. You should read the instructions printed on the Wage Exemption Calculation form to determine the normal wage exemption and the minimum wage exemption for each payment you make under the writ.
A Wage Exemption Calculation form must be sent with the first payment you make under the writ. For the 90-day period during which the writ is effective, you must also fill out and return a Wage Exemption Calculation form with a subsequent payment any time the initial calculation changes. Finally, you must fill out and return a Wage Exemption Calculation form with the final payment that you make under the writ.
Payment of amount subject to garnishment. Payments under the writ must be made at the following times, unless the amount owing on the judgment or other debt is fully paid before the final payment is made or the writ is released:
(a) You must make a payment to the Garnishor of all wages subject to garnishment at the time you next pay wages to the Debtor. Complete the wage exemption computation, using the Wage Exemption Calculation form, to determine the portion of the Debtor’s wages that is subject to garnishment. Be sure to adjust the minimum exemption amount for any payment that covers less than a full pay period. You must include a copy of the Wage Exemption Calculation form with this first payment.
Example 2: Using the facts given in Example 1, when you next make any payment of wages to Debtor A after you receive the writ on July 17, you must complete the Wage Exemption Calculation form and send the form to the Garnishor along with all amounts determined to be subject to garnishment that are attributable to the period covered by the payment. If you pay Debtor A on August 1, the payment will be for all wages attributable to the period beginning July 1 and ending July 31.
(b) Unless the writ of garnishment is satisfied or released, during the 90-day period following the date you received the writ, you must pay to the Garnishor all wages that are determined to be subject to garnishment whenever you issue a paycheck to the Debtor. If the Debtor is paid on a weekly basis, you must make payment under the writ on a weekly basis. If the Debtor is paid on a monthly basis, you must make payment under the writ on a monthly basis. If the amount paid to the Debtor varies from paycheck to paycheck, or changes at any time from the amount being paid at the time the writ was delivered to you, you must perform a new wage exemption computation to determine the amount of wages subject to garnishment under the writ. You must send a copy of the new Wage Exemption Calculation form with your payment to the Garnishor.
Example 3: Using the facts given above, as you make each subsequent payment of wages to Debtor A you must make a payment of that portion of the Debtor’s wages that are subject to garnishment. If you continue to pay Debtor A on the first of each month, payments must be made on September 1 and October 1.
(c) Upon the expiration of the 90-day period, you must make a final payment to the Garnishor for all wages that were owing to the Debtor for the work performed by the Debtor through the 90th day following your receipt of the writ. This payment may be made at the time of the Debtor’s next paycheck. You will need to complete another Wage Exemption Calculation form to determine the amount of the wages subject to garnishment.
Example 4: Using the facts given above, you must make a final payment for the wages owing to Debtor A for the period beginning October 1 and ending October 15. You may make this payment at the time you issue Debtor A’s paycheck on November 1, but you must make the payment at any time you issue a paycheck to Debtor A after October 15. Be sure that in completing the wage exemption computation for the final payment you adjust the minimum exemption amount to take into account the fact that the period covered is only 15 days of the full month (see instructions on Wage Exemption Calculation form).
If you receive more than one writ of garnishment. If you receive a second writ of garnishment for the same Debtor from another Garnishor, the first writ will have priority for wages. The priority of the first writ lasts for the 90-day period following delivery of that writ to you, or until the first writ is paid in full, whichever comes first. In your response to the second writ, you must put a check by the appropriate statement in Part II and indicate the date on which the first writ will expire (90 days after the date you received the writ). You should make no payments under the second writ until expiration of the first writ. The expiration date of the second writ is 90 days after the date you received the second writ; the expiration date is not affected by any delay in payment attributable to the priority of the first writ.
STEP 2. DELIVER THE GARNISHEE RESPONSE.
You must deliver your Garnishee Response and copies of the response in the manner provided in this step. The response and copies may be mailed or delivered personally.
You must complete and deliver the Garnishee Response within seven calendar days after you receive the writ of garnishment. If the seventh calendar day is a Saturday, Sunday or legal holiday, you must deliver your response on or before the next following day that is not a Saturday, Sunday or legal holiday.
If you are required to hold any property under the writ or make any payment under the writ, either at the time of making your response or later, you must:
(a) Send the original of your Garnishee Response to the Garnishor at the address indicated on the writ under Important Addresses.
(b) Send a copy of your Garnishee Response to the [clerk of the] court administrator at the address indicated on the writ under Important Addresses.
(c) Send a copy of your Garnishee Response to the Debtor if an address is indicated on the writ under Important Addresses.
If you are not required to hold any property under the writ or make any payment under the writ, either at the time of making your response or later, you must:
(a) Send the original of your Garnishee Response to the Garnishor at the address indicated on the writ under Important Addresses.
(b) Send a copy of your Garnishee Response to the Debtor if an address is indicated on the writ under Important Addresses.
STEP 3. DELIVER THE FUNDS OR OTHER PROPERTY.
As long as the writ is in effect, you may be liable to the Creditor if you pay any debt or turn over any property to the Debtor except as specifically allowed by law. If you have any money or property of the Debtor in your possession, control or custody at the time of delivery of the writ, or owe any debt to the Debtor, you must pay the money or hold the property as required by this step. Exceptions to this requirement are listed below.
IF YOU ARE HOLDING MONEY FOR THE DEBTOR OR OWE A DEBT THAT IS CURRENTLY DUE, you must pay the money to the Garnishor with your response. You must send your payment to the Garnishor at the address indicated on the writ under Important Addresses. Make your check payable to the Garnishor.
IF YOU OWE A DEBT TO THE DEBTOR THAT WILL BECOME DUE WITHIN 45 DAYS AFTER THE DATE YOU RECEIVED THE WRIT, you must send your payment directly to the Garnishor at the address provided in the writ when the debt becomes due. Make your check payable to the Garnishor.
IF YOU ARE HOLDING PROPERTY THAT BELONGS TO THE DEBTOR, OR OWE A DEBT TO THE DEBTOR THAT WILL NOT BECOME DUE WITHIN 45 DAYS AFTER THE DATE YOU RECEIVED THE WRIT, you must keep the property or debt in your possession, control or custody until you receive written notice from the Sheriff. The Sheriff’s notice will tell you what to do with the property or debt. If you have followed all of the instructions in the writ and you receive no notice from the Sheriff within 30 days after the date on which you delivered your Garnishee Response, you may treat the writ as being of no further force or effect.
EXCEPTIONS:
1. Challenge to garnishment or specific directions from court. If you are making any payments under the garnishment and before making a payment you receive notice of a challenge to the garnishment from the court, or receive a specific direction from the court to make payments to the court, you must send or deliver the payment directly to the [clerk of the] court administrator. If the money is currently due when you receive the notice, send the payment promptly to the court. If the payment is for a debt that is payable within 45 days after you receive the writ, make the payment to the court promptly when it becomes due. If you make payment by check, make the check payable to the State of Oregon. Because you may be liable for any payment that does not reach the court, it is better not to send cash by mail.
A challenge to the garnishment does not affect your duty to follow the instructions you receive from the Sheriff for property that belongs to the Debtor and debts that you owe to the Debtor that do not become due within 45 days.
2. Previous writ of garnishment. If you receive a second writ of garnishment for the same Debtor from another Garnishor, the first writ will have priority and you need not make payments or deliver property under the second writ to the extent that compliance with the first writ will reduce or eliminate the payment of money or delivery of property that you would otherwise make under the garnishment. You must still deliver a Garnishee Response to the second writ, and must commence payment under the second writ as soon as the first writ is satisfied or expires.
3. Offset for payment of underlying lien. If you owe a debt to the Debtor and the Debtor owes a debt to the holder of an underlying lien on your property, you may be able to offset the amount payable to the underlying lienholder. See ORS 18.620.
4. Subsequent events:
(a) Bankruptcy. If you make your response and then discover that a voluntary or involuntary bankruptcy petition has been filed by or on behalf of the Debtor after the judgment was entered against the Debtor or after the debt otherwise became subject to garnishment (see date in writ), you may not make any further payments or delivery of property under the writ unless the court orders otherwise. If you have not delivered all property that is subject to garnishment under this writ when you discover that a bankruptcy petition has been filed, you must mail the following notice to the Garnishor and to the Debtor.
(b) Order to withhold income. If you make your response and then receive an order to withhold income that has priority over the writ, you may make payments or deliver property under the writ only after payment of the amounts required under the order to withhold income. If you have not delivered all property that is subject to garnishment under this writ when you receive an order to withhold income that has priority, you must mail the following notice to the Garnishor and to the Debtor.
______________________________________________________________________________
SUPPLEMENTAL GARNISHEE RESPONSE
TO: The Garnishor and the Debtor
RE: Writ of garnishment received______, 2___ (date), in the case of ________ (Plaintiff) vs. ________ (Defendant), Circuit Court of _______ County, Oregon, Case No. ______.
The undersigned Garnishee furnished a Garnishee Response to this writ of garnishment on ______, 2____ (date). Since that time (check appropriate statement):
__ I have discovered that a voluntary or involuntary bankruptcy petition has been filed by or on behalf of the Debtor after the judgment was entered against the Debtor or after the debt otherwise became subject to garnishment.
__ I have received an order to withhold income of the Debtor by reason of a support obligation. Under ORS 25.375, the order to withhold income has priority over any other legal process under Oregon law against the same income. The withholding of income pursuant to the order to withhold income might reduce or eliminate subsequent payments under the garnishment. (Provide details, including the name of the agency serving the order to withhold, the date the order was served on you and the amounts to be withheld.)
Dated_______, 2____
_______________
Name of Garnishee
_______________
Signature
_______________
Address
______________________________________________________________________________
SPECIAL INSTRUCTIONS FOR BANKS
AND OTHER FINANCIAL INSTITUTIONS
If the Garnishor fails to pay the search fee required by ORS 18.790 and you do not employ the Debtor, you are not required to deliver a Garnishee Response and you may deal with any property of the Debtor as though the garnishment had not been issued.
If the Debtor owes a debt to you that was due at the time you received the writ of garnishment, you may be able to offset the amount of that debt. See ORS 18.795. You must note that you have made the offset in Part I of the Garnishee Response (under “Other”) and specify the amount that was offset.
Before making a payment under the writ, you may first deduct any processing fee that you are allowed under ORS 18.790.
You need not deliver any property contained in a safe deposit box unless the Garnishor pays you in advance for the costs that will be incurred in gaining entry to the box. See ORS 18.792.
______________________________________________________________________________
SECTION 77. ORS 18.845 is amended to read:
18.845. A notice of exemptions form must be in substantially the form set forth in this section. Nothing in the notice form described in this section is intended to expand or restrict the law relating to exempt property. A determination as to whether property is exempt from execution, attachment and garnishment must be made by reference to other law. The form provided in this section may be modified to provide more information or to update the notice based on subsequent changes in exemption laws.
______________________________________________________________________________
NOTICE OF EXEMPT PROPERTY
Property belonging to you may have been taken or held in order to satisfy a debt. The debt may be reflected in a judgment or in a warrant or order issued by a state agency. Important legal papers are enclosed.
YOU MAY BE ABLE TO GET YOUR PROPERTY BACK, SO READ THIS NOTICE CAREFULLY.
State and federal law specify that certain property may not be taken. Some of the property that you may be able to get back is listed below.
(1) Wages or a salary as described in ORS 23.175 and 23.186. Whichever of the following amounts is greater:
(a) 75 percent of your take-home wages; or
(b) $170 per workweek.
(2) Social Security benefits.
(3) Supplemental Security Income (SSI).
(4) Public assistance (welfare).
(5) Unemployment benefits.
(6) Disability benefits (other than SSI benefits).
(7) Workers’ compensation benefits.
(8) Exempt wages, Social Security benefits (other than SSI), welfare, unemployment benefits and disability benefits when placed in a checking or savings account (up to $7,500).
(9) Spousal support, child support or separate maintenance to the extent reasonably necessary for your support or the support of any of your dependents.
(10) A homestead (home, farm, manufactured dwelling or houseboat) if you live in it, to the value of $20,000 ($23,000 for a manufactured dwelling with land included; $25,000 for any other homestead with land included) or proceeds from its sale for one year.
(11) Household goods, furniture, radios, a television set and utensils with a combined value not to exceed $3,000.
*(12) An automobile, truck, trailer or other vehicle with a value not to exceed $1,700.
*(13) Tools, implements, apparatus, team, harness or library that are necessary to carry on your occupation, with a combined value not to exceed $3,000.
*(14) Books, pictures and musical instruments with a combined value not to exceed $600.
*(15) Wearing apparel, jewelry and other personal items with a combined value not to exceed $1,800.
(16) Domestic animals and poultry for family use with a combined value not to exceed $1,000 and their food for 60 days.
(17) Provisions (food) and fuel for your family for 60 days.
(18) One rifle or shotgun and one pistol. The combined value of all firearms claimed as exempt may not exceed $1,000.
(19) Public or private pensions.
(20) Veterans’ benefits and loans.
(21) Medical assistance benefits.
(22) Health insurance proceeds and disability proceeds of life insurance policies.
(23) Cash surrender value of life insurance policies not payable to your estate.
(24) Federal annuities.
(25) Other annuities to $250 per month (excess over $250 per month is subject to the same exemption as wages).
(26) Professionally prescribed health aids for you or any of your dependents.
*(27) Elderly rental assistance allowed pursuant to ORS 310.635.
*(28) Your right to receive, or property traceable to:
*(a) An award under any crime victim reparation law.
*(b) A payment or payments, not exceeding a total of $10,000, on account of personal bodily injury suffered by you or an individual of whom you are a dependent.
*(c) A payment in compensation of loss of future earnings of you or an individual of whom you are or were a dependent, to the extent reasonably necessary for your support and the support of any of your dependents.
(29) Amounts paid to you as an earned income tax credit under federal tax law.
(30) Interest in personal property to the value of $400, but this cannot be used to increase the amount of any other exemption.
(31) Equitable interests in property.
(32) If the amount shown as owing on the Debt Calculation form exceeds the amount you actually owe to the creditor, the difference between the amount owed and the amount shown on the Debt Calculation form.
Note: If two or more people in your household owe the claim or judgment, each of them may claim the exemptions marked by an asterisk (*).
______________________________________________________________________________
SPECIAL RULES APPLY FOR DEBTS THAT ARE OWED FOR CHILD SUPPORT AND SPOUSAL SUPPORT. Some property that may not otherwise be taken for payment against the debt may be taken to pay for overdue support. For instance, Social Security benefits, workers’ compensation benefits, unemployment benefits, veterans’ benefits and pensions are normally exempt, but only 75 percent of a lump sum payment of these benefits is exempt if the debt is owed for a support obligation.
YOU MUST ACT PROMPTLY IF YOU WANT TO GET YOUR MONEY OR PROPERTY BACK. You may seek to reclaim your exempt property by doing the following:
(1) Fill out the Challenge to Garnishment form that you received with this notice.
(2) Mail or deliver the Challenge to Garnishment form to the [clerk of the] court administrator at the address shown on the writ of garnishment. If you wish to claim wages or salary as exempt, you must mail or deliver the form within 120 days after you receive this notice. If you wish to claim that any other money or property is exempt, or claim that the property is not subject to garnishment, you must mail or deliver the form within 30 days after you receive this notice. You have the burden of showing that your challenge is made on time, so you should keep records showing when the challenge was mailed or delivered.
(3) The law only requires that the Garnishor hold the garnished money or property for 10 days before applying it to the Creditor’s use. You may be able to keep the property from being used by the Creditor by promptly following (1) and (2) above.
You should be prepared to explain your exemption in court. If you have any questions about the garnishment or the debt, you should see an attorney.
IF YOU CLAIM AN EXEMPTION IN BAD FAITH, YOU MAY BE SUBJECT TO PENALTIES IMPOSED BY THE COURT THAT COULD INCLUDE A FINE. Penalties that you could be subject to are listed in ORS 18.715.
When you file a Challenge to Garnishment form, the Garnishee may be required to make all payments under the garnishment to the court, and the Garnishor may be required to pay to the court all amounts received by the Garnishor that are subject to the challenge to the garnishment. The Garnishee and Garnishor are subject to penalties if they do not. For a complete explanation of their responsibilities, see ORS 18.705 and 18.708.
______________________________________________________________________________
SECTION 77a. The amendments to ORS 18.830, 18.832, 18.835, 18.838 and 18.845 by sections 73, 74, 75, 76 and 77 of this 2003 Act apply only to writs of garnishment issued on or after the effective date of this 2003 Act. Any writ of garnishment issued before the effective date of this 2003 Act shall continue to be governed by the law in effect on the day immediately preceding the effective date of this 2003 Act.
WRITS OF EXECUTION
SECTION 78. ORS 23.310, 23.410, 23.440, 23.445, 23.450, 23.460, 23.470, 23.480, 23.490, 23.500, 23.510, 23.515, 23.520, 23.530, 23.540, 23.550, 23.560, 23.570, 23.580, 23.590 and 23.600 are added to and made a part of sections 29 to 44 of this 2003 Act.
SECTION 79. ORS 23.410 is amended to read:
23.410. When the writ of execution is against the property of the judgment debtor, it shall be executed by the sheriff, as follows:
(1) If the property has been attached, the sheriff shall indorse on the execution, and pay to the [clerk] court administrator forthwith the amount, if any, of the proceeds of sales of perishable property or debts due the defendant received by the sheriff, sufficient to satisfy the judgment.
(2) If the judgment is not then satisfied, and property has been attached and remains in the custody of the sheriff, the sheriff shall sell the same or sufficient thereof to satisfy the judgment.
(3) If then any portion of the judgment remains unsatisfied, or if no property has been attached, or the same has been discharged, the sheriff shall levy on the property of the judgment debtor sufficient to satisfy the judgment.
(4) Property shall be levied on in like manner and with like effect as similar property is attached.
(5) Until a levy, property shall not be affected by the execution. When property has been sold or debts received by the sheriff on execution, the sheriff shall pay the proceeds thereof, or sufficient to satisfy the judgment, to the [clerk] court administrator by the day which the writ is returnable.
(6) When property has been attached, and it is probable that such property will not be sufficient to satisfy the judgment, the execution may be levied on other property of the judgment debtor, without delay. If, after satisfying the judgment, any property or the proceeds thereof remain in the custody of the sheriff, the sheriff shall deliver the same to the judgment debtor.
SECTION 80. ORS 23.490 is amended to read:
23.490. Whenever real property is sold on execution, the provisions of this section shall apply to the subsequent proceedings, as follows:
(1) The plaintiff in the writ of execution is entitled, on motion therefor, to have an order confirming the sale at any time after the expiration of 10 days from the date of filing the return of sale, unless the judgment debtor, or in case of the death of the judgment debtor, the representative of the judgment debtor, files with the [clerk] court administrator within 10 days after the return of the execution, the objections of the judgment debtor or representative thereto.
(2) If such objections are filed, the court or judge thereof shall, notwithstanding, allow the order confirming the sale, unless on the hearing of the motion it satisfactorily appears that there were substantial irregularities in the proceedings concerning the sale, to the probable loss or injury of the party objecting. In the latter case, the court or judge shall disallow the motion, and direct that the property be resold, in whole or in part, as the case may be, as upon an execution received of that date.
(3) Upon the return of the execution, the sheriff shall pay the proceeds of the sale to the [clerk] court administrator, who shall then apply the same, or so much thereof as may be necessary, in satisfaction of the judgment. If an order of resale is afterwards made, and the property sells for a greater amount to any person, other than the former purchaser, the [clerk] court administrator shall first repay to such purchaser the amount of the bid of the purchaser, out of the proceeds of the latter sale. Upon a resale, the bid of the purchaser at the former sale shall be deemed to be renewed and continue in force, and no bid shall be taken except for a greater amount.
(4) An order confirming a sale shall be a conclusive determination of the regularity of the proceedings concerning such sale, as to all persons, in any other action, suit or proceeding.
(5) If, after the satisfaction of the judgment, there are any proceeds of the sale remaining, the [clerk] court administrator shall pay such proceeds to the judgment debtor or the representative of the judgment debtor, at any time before the order is made upon the motion to confirm the sale, provided such party files with the [clerk] court administrator a waiver of all objections to the proceedings concerning the sale. If the sale is confirmed, such proceeds shall be paid to such party, of course; otherwise they shall remain in the custody of the [clerk] court administrator until the sale of the property has been disposed of.
SECTION 81. ORS 23.570 is amended to read:
23.570. The mode of redeeming shall be as provided in this section:
(1) The person seeking to redeem shall give the purchaser or redemptioner not less than two days’ nor more than 30 days’ notice of an intention to apply to the sheriff for that purpose; if with reasonable diligence personal service of such notice cannot be made within the state, then proof thereof by affidavit filed with the sheriff shall be equivalent to such personal service. At the time and place specified in the notice, which place shall be the office of the sheriff at the courthouse, such person may redeem by paying to the sheriff the sum required. The sheriff shall give the person redeeming a certificate, as in the case of sale on execution, adding therein the sum paid on redemption, from whom redeemed, and the date thereof. The redemptioner shall file the certificate of redemption with the [clerk of the] court administrator for the court out of which execution issued. The [clerk] court administrator shall note the filing of the certificate of redemption in the court register and shall place the certificate in the case file.
(2) A party seeking to redeem shall submit to the sheriff the evidence of the right thereto as follows:
(a) Proof that the notice required by this section was given to the purchaser or redemptioner or waived.
(b) If the party is a lien creditor, a copy [of the docket] of the judgment [or decree] under which the party claims the right to redeem, certified to by the [clerk of the] court administrator for the court where such judgment [or decree is docketed] was entered, or if the party seeks to redeem upon a mortgage, the certificate of the record thereof.
(c) A copy of any assignment necessary to establish the claim, verified by the affidavit of the party or agent; an affidavit by the party or agent showing the amount then actually due on the judgment[, decree] or mortgage.
(3) If the redemptioner or purchaser has a lien prior to that of the lien creditor seeking to redeem, such redemptioner or purchaser shall submit to the sheriff the like evidence thereof and of the amount due thereon, or the same may be disregarded.
(4) When two or more persons apply to the sheriff to redeem at the same time, the sheriff shall allow the person having the prior lien to redeem first, and so on. The sheriff shall immediately pay the money over to the person from whom the property is redeemed, if the person attends at the redemption; or if not, at any time thereafter when demanded. When a sheriff wrongfully refuses to allow any person to redeem, the right of the person thereto shall not be prejudiced thereby, and upon submission of the evidence and the tender of the money to the sheriff as provided in this section the sheriff may be required by order of the court or judge thereof to allow such redemption.
EXEMPTIONS
SECTION 82. ORS 23.105, 23.160, 23.164, 23.166, 23.168, 23.170, 23.175, 23.186, 23.190, 23.200, 23.210, 23.220, 23.230, 23.240, 23.242, 23.250, 23.260, 23.280, 23.290, 23.300 and 23.305 are added to and made a part of sections 29 to 44 of this 2003 Act.
SECTION 83. ORS 23.160 is amended to read:
23.160. (1) All property, including franchises, or rights or interest therein, of the judgment debtor, shall be liable to an execution, except as provided in this section and in other statutes granting exemptions from execution. [If selected and reserved by the judgment debtor or the agent of the judgment debtor at the time of the levy, or as soon thereafter before sale thereof as the same shall be known to the judgment debtor,] The following property, or rights or interest therein of the judgment debtor, except as provided in ORS 23.220, shall be exempt from execution:
(a) Books, pictures and musical instruments to the value of $600.
(b) Wearing apparel, jewelry and other personal items to the value of $1,800.
(c) The tools, implements, apparatus, team, harness or library, necessary to enable the judgment debtor to carry on the trade, occupation or profession by which the judgment debtor habitually earns a living, to the value of $3,000.
(d) A vehicle to the value of $1,700. As used in this paragraph “vehicle” includes an automobile, truck, trailer, truck and trailer or other motor vehicle.
(e) Domestic animals and poultry kept for family use, to the total value of $1,000 and food sufficient to support such animals and poultry for 60 days.
(f) Household goods, furniture, radios, a television set and utensils all to the total value of $3,000, if the judgment debtor holds the property primarily for the personal, family or household use of the judgment debtor; provisions actually provided for family use and necessary for the support of a householder and family for 60 days and also 60 days’ supply of fuel.
(g) All property of the state or any county or incorporated city therein, or of any other public or municipal corporation of like character.
(h) All professionally prescribed health aids for the debtor or a dependent of the debtor.
(i) Spousal support, child support, or separate maintenance to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.
(j) The debtor’s right to receive, or property that is traceable to, an award under any crime victim reparation law.
(k) The debtor’s right to receive, or property that is traceable to, a payment or payments, not to exceed a total of $10,000, on account of personal bodily injury of the debtor or an individual of whom the debtor is a dependent.
(L) The debtor’s right to receive, or property that is traceable to, a payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.
(m) Veterans’ benefits and loans.
(n) The debtor’s right to receive an earned income tax credit under the federal tax laws and any moneys that are traceable to a payment of an earned income tax credit under the federal tax laws.
(o) The debtor’s interest, not to exceed $400 in value, in any personal property. However, this exemption may not be used to increase the amount of any other exemption.
(2) If the property [selected or reserved] claimed by the judgment debtor as exempt is adjudicated by the court out of which the execution issued to be of a value in excess of that allowed by the appropriate paragraph of subsection (1) of this section, the officer [making the levy] seizing the property shall proceed to sell such property. Out of the proceeds of such sale, the officer shall deduct costs of sale and shall pay to the judgment debtor an amount equivalent to the value declared to be exempt by any of the paragraphs of subsection (1) of this section and shall apply the balance of the proceeds of sale on the execution. [No sale shall] A sale may not be made under such execution unless the highest bid made exceeds the appropriate exemption claimed and allowed plus costs of sale. If no bid is received in excess of the value allowed by the appropriate paragraph of subsection (1) of this section, the costs of sale shall be borne by the judgment creditor.
(3) If two or more members of a household are judgment debtors, each judgment debtor shall be entitled to claim the exemptions in subsection (1)(a), (b), (c), (d), (j), (k) and (L) of this section in the same or different properties. The exemptions when claimed for the same property shall be combined at the option of the debtors.
(4) Notwithstanding any other provision of law, if a writ of garnishment or other execution is issued to collect past due support as defined in ORS 18.600, 75 percent of unemployment compensation benefits, workers’ compensation benefits and other benefits paid to the debtor by the United States, by the state or by a political subdivision of the state are exempt. The exemption provided by this subsection applies without regard to whether the payment is made on a periodic basis or in a lump sum, including any lump sum payable pursuant to a settlement or judgment. Notwithstanding subsection (1)(k) of this section, if a payment is made under a settlement or judgment on account of personal bodily injury and the garnishment or other execution is issued to collect past due support as defined in ORS 18.600, the lesser of 75 percent of the payment or $7,500 is exempt.
MISCELLANEOUS ADDITIONS
TO ORS CHAPTER 18
SECTION 84. ORS 18.325, 18.355, 18.365, 18.370 and 18.420 are added to and made a part of sections 1 to 44 of this 2003 Act.
APPEALS
SECTION 85. ORS 19.205 is amended to read:
19.205. [(1) A judgment or decree may be reviewed on appeal as prescribed in this chapter.]
[(2) For the purpose of being reviewed on appeal the following shall be deemed a judgment or decree:]
[(a) An order affecting a substantial right, and which in effect determines the action or suit so as to prevent a judgment or decree therein.]
[(b) An interlocutory decree in a suit for the partition of real property, defining the rights of the parties to the suit and directing sale or partition.]
[(c) A final order affecting a substantial right, and made in a proceeding after judgment or decree.]
[(d) An order setting aside a judgment and granting a new trial.]
[(e) A final judgment or decree entered in accordance with ORCP 67 B.]
(1) Unless otherwise provided by law, a limited judgment, general judgment or supplemental judgment, as those terms are defined by section 1 of this 2003 Act, may be appealed as provided in this chapter. A judgment corrected under ORCP 71 may be appealed only as provided in sections 12 and 13 of this 2003 Act.
(2) An order in an action that affects a substantial right, and that effectively determines the action so as to prevent a judgment in the action, may be appealed in the same manner as provided in this chapter for judgments.
(3) An order that is made in the action after a general judgment is entered and that affects a substantial right, including an order granting a new trial, may be appealed in the same manner as provided in this chapter for judgments.
[(3)] (4) No appeal to the Court of Appeals shall be taken or allowed in any action for the recovery of money or damages only unless it appears from the pleadings that the amount in controversy exceeds $250.
[(4)] (5) An appeal may be taken from the circuit court in any special statutory proceeding under the same conditions, in the same manner and with like effect as from a judgment[, decree] or order entered in an action [or suit], unless [such] appeal is expressly prohibited by the law authorizing [such] the special statutory proceeding.
(6) Nothing in sections 1 to 44 of this 2003 Act affects the authority of an appellate court to dismiss an appeal or to remand a proceeding to the trial court under ORS 19.270 (4) based on the appellate court’s determination that the appeal has not been taken from an appealable judgment or order.
SECTION 86. ORS 19.270 is amended to read:
19.270. (1) The Supreme Court or the Court of Appeals has jurisdiction of the cause when the notice of appeal has been served and filed as provided in ORS 19.240, 19.250 and 19.255. The trial court may exercise those powers in connection with the appeal as are conferred by law, and retains jurisdiction in the matter for the following purposes:
(a) Deciding requests for attorney fees, costs and disbursements or expenses pursuant to ORCP 68 or other provision of law.
(b) Enforcing the judgment, subject to any stay of the judgment.
(2) The following requirements of ORS 19.240, 19.250 and 19.255 are jurisdictional and may not be waived or extended:
(a) Service of the notice of appeal on all parties identified in the notice of appeal as adverse parties or, if the notice of appeal does not identify adverse parties, on all parties who have appeared in the action, suit or proceeding, as provided in ORS 19.240 (2)(a), within the time limits prescribed by ORS 19.255.
(b) Filing of the original of the notice of appeal with the Court of Appeals as provided in ORS 19.240 (3), within the time limits prescribed by ORS 19.255.
(3) After the Supreme Court or the Court of Appeals has acquired jurisdiction of the cause, the omission of a party to perform any of the acts required in connection with an appeal, or to perform such acts within the time required, shall be cause for dismissal of the appeal. In the event of such omission, the court, on motion of a party or on its own motion may dismiss the appeal. An appeal dismissed on a party’s motion or on the court’s own motion may be reinstated upon showing of good cause.
(4) Notwithstanding the filing of a notice of appeal, the trial court [shall have] has jurisdiction, with leave of the appellate court, to enter an appealable judgment if the appellate court determines that:
(a) At the time of the filing of the notice of appeal the trial court intended to enter an appealable judgment; and
(b) The judgment from which the appeal is taken is defective in form or was entered at a time when the trial court did not have jurisdiction of the cause under subsection (1) of this section, or the trial court had not yet entered an appealable judgment.
(5) Notwithstanding the filing of a notice of appeal, the trial court has jurisdiction:
(a) To enter an order or supplemental judgment under ORCP 71 or ORS 19.275, 107.105 (4) or 107.452; and
(b) To enter an order or supplemental judgment for the purpose of implementing a settlement as allowed by ORS 19.410 (3).
(6) Jurisdiction of the appellate court over a cause ends when a copy of the appellate judgment is mailed by the State Court Administrator to the court from which the appeal was taken pursuant to ORS 19.450, except that the appellate court may:
(a) Recall the appellate judgment as justice may require;
(b) Stay enforcement of the appellate judgment to allow the filing of a petition for writ of certiorari to the Supreme Court of the United States; and
(c) Stay enforcement of the appellate judgment pending disposition of the matter by the Supreme Court of the United States or for such other time as the Oregon appellate court may deem appropriate.
(7) After jurisdiction of the appellate court ends, all orders which may be necessary to carry the appellate judgment into effect shall be made by the court from which the appeal was taken.
SECTION 87. ORS 19.275 is amended to read:
19.275. (1) Any motion that requires a showing of a change of circumstances before the court may modify a judgment [or decree], including a motion to reconsider the spousal or child support provisions of a [decree] judgment pursuant to ORS 107.135, may be filed with the trial court while an appeal from the judgment [or decree] is pending before an appellate court. The filing of a motion under this subsection does not affect the right of the appellant to pursue the appeal of the judgment [or decree].
(2) The trial court in its discretion may proceed to hear and decide a motion under this section or may hold the motion in abeyance pending disposition of the appeal.
[(3) Pursuant to the provisions of ORS 19.205 (2)(c), the court’s final decision on a motion under this section shall be deemed a judgment separate from the decree or judgment sought to be modified and may be appealed separately from the decree or judgment sought to be modified. The appellate court in its discretion may consolidate an appeal from a judgment under this section with the pending appeal of the other judgment or decree, may direct that both appeals be heard at the same time or may allow the appeals to proceed independently of one another.]
(3) Pursuant to the provisions of ORS 19.205, the court’s final decision on a motion under this section is a supplemental judgment. The appellate court in its discretion may consolidate an appeal from a supplemental judgment under this section with the pending appeal of the general judgment in the case, may direct that both appeals be heard at the same time or may allow the appeals to proceed independently.
SECTION 88. ORS 19.415 is amended to read:
19.415. (1) Upon an appeal from a judgment in an action at law, the scope of review shall be as provided in section 3, Article VII (Amended) of the Oregon Constitution.
(2) No judgment shall be reversed or modified except for error substantially affecting the rights of a party.
(3) Upon an appeal from a [decree] judgment in a case that constituted a suit in equity under common law, the Court of Appeals shall try the cause anew upon the record.
(4) When the Court of Appeals has tried a cause anew upon the record, the Supreme Court may limit its review of the decision of the Court of Appeals to questions of law.
SECTION 89. ORS 19.450 is amended to read:
19.450. (1) As used in this section:
(a) “Decision” means a memorandum opinion, an opinion indicating the author or an order denying or dismissing an appeal issued by the Court of Appeals or the Supreme Court. The decision shall state the court’s disposition of the judgment being appealed, and may provide for final disposition of the cause. The decision shall designate the prevailing party or parties, state whether a party or parties will be allowed costs and disbursements, and if so, by whom the costs and disbursements will be paid.
(b) “Appellate judgment” means the decision of the Court of Appeals or Supreme Court, or such portion of the decision as may be specified by the rule of the Supreme Court, together with an award of attorney fees or allowance of costs and disbursements, if any.
(2) As to appeals from circuit and tax [court] courts, the appellate judgment is effective when a copy of the appellate judgment is entered in the court’s register and mailed by the State Court Administrator to the court from which the appeal was taken. When the State Court Administrator mails a copy of the appellate judgment to the court from which the appeal was taken, the administrator also shall mail a copy to the parties to the appeal.
(3) If a new trial is ordered, upon the receipt of the appellate judgment by the trial court administrator for the court below, the trial court administrator shall enter the appellate court’s decision in the register of the court below and thereafter the cause shall be deemed pending for trial in such court, according to the directions of the court which rendered the decision. If a new trial is not ordered, upon the receipt of the appellate judgment by the trial court administrator, a judgment shall be entered in the register [and docketed] according to the directions of the court which rendered the decision, in like manner and with like effect as if the same was given in the court below.
(4) A party entitled to enforce an undertaking may obtain judgment against a surety by filing a request with the State Court Administrator and serving a copy of the request on the other parties and the surety. The request must identify the surety against whom judgment is to be entered and the amount of the judgment sought to be imposed against the surety. Unless otherwise directed by the appellate court, upon receiving the request the State Court Administrator shall include in the appellate judgment a [money] judgment against the surety in the amount specified.
(5) If the appellate judgment terminating an appeal contains a [money] judgment against a surety for an undertaking, the trial court administrator shall enter [and docket] the judgment against the surety in like manner and with like effect as if the judgment was given in the court below.
(6) Except as provided in [ORS 18.350] section 16 of this 2003 Act, an appeal [shall] does not discharge the lien of a judgment and unless the [same] judgment is reversed, the lien [thereof shall be merged] of the judgment merges with and [continue] continues in the affirmed or modified judgment given on appeal, from the time of the entry [and docketing] of the [same] judgment in the court below. The lien of any judgment created by recording a certified copy of the judgment or a lien record abstract [shall continue as a lien] continues in force in the same manner as the original judgment lien as provided in this subsection.
SECTION 90. ORCP 67 B is amended to read:
B Judgment for less than all claims or parties in action. When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third party claim, or when multiple parties are involved, the court may [direct the entry of a final] render a limited judgment as to one or more but fewer than all of the claims or parties [only upon an express determination]. A judge may render a limited judgment under this section only if the judge determines that there is no just reason for delay. [and upon an express direction for the entry of judgment. In the absence of such determination and direction, any order or other form of decision, however designated, which adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties shall not terminate the action as to any of the claims or parties, and the order or other form of decision is subject to revision at any time before the entry of judgment adjudicating all the claims and the rights and liabilities of all the parties.]
SECTION 90a. The amendments to ORS 19.205, 19.270, 19.275, 19.415 and 19.450 by sections 85 to 89 of this 2003 Act apply only to the appeal of judgments entered on or after the effective date of this 2003 Act. Any appeal of a judgment entered before the effective date of this 2003 Act shall continue to be governed by the law in effect on the day immediately preceding the effective date of this 2003 Act.
LIEN EFFECT
OF SMALL CLAIMS JUDGMENTS
SECTION 91. ORS 46.485 is amended to read:
46.485. (1) In addition to any other award, the prevailing party shall be entitled to a judgment for the small claims filing fees and service expenses paid by the party and the prevailing party fee provided for in ORS 20.190 (1)(c) or (2)(b). The prevailing party may also be awarded prevailing party fees under ORS 20.190 (3). The award shall be paid or the property delivered upon such terms and conditions as the judge may prescribe.
(2) The court may allow to the defendant a setoff not to exceed the amount of plaintiff’s claim, but in such case the court shall cause to be entered in the record the amount of the setoff allowed.
(3) No attachment shall issue on any cause in the small claims department.
(4) A judgment in the small claims department is conclusive upon the parties and no appeal may be taken from the judgment.
(5) The clerk of the court shall keep a record of all actions, proceedings and judgments in the small claims department.
(6) A judgment in the small claims department is a judgment of the circuit court. The clerk shall enter such judgment in the register of the circuit court in the manner provided by section 9 of this 2003 Act. A judgment in the small claims department may [be docketed as provided in ORS 46.488. Money judgments shall be subject to ORCP 70 A(2) and B. Execution and other process on execution provided by law may issue on judgments in the small claims department as in other cases in the circuit court.] create a lien as provided by ORS 46.488. Judgments that include money awards, as defined by section 1 of this 2003 Act, are subject to section 5 of this 2003 Act.
SECTION 92. ORS 46.488 is amended to read:
46.488. [(1) A judgment entered in the small claims department of a circuit court may be docketed in the docket of the circuit court only as provided in subsection (2) of this section if the judgment is in an amount of $10 or more and less than $3,000, exclusive of costs or disbursements. A judgment entered in the small claims department in an amount of $3,000 or more shall be docketed in the docket of the circuit court in the same manner as other judgments in circuit court, and shall become a lien upon all real property of the judgment debtor in the manner described by ORS 18.350.]
(1)
A judgment creditor may not create a judgment lien for a judgment entered in
the small claims department of a circuit court if the money award is less than
$10, exclusive of costs and disbursements. A judgment creditor may create a
judgment lien for a judgment entered in the small claims department of a
circuit court in an amount of $10 or more and less than $3,000, exclusive of
costs and disbursements, only as provided in subsection (3) of this section.
(2) If a judgment is rendered in the small claims department in an amount of $3,000 or more, the clerk shall note in the register of the circuit court that the judgment creates a judgment lien if the judgment otherwise complies with the requirements of sections 1 to 44 of this 2003 Act for creating a judgment lien. A judgment creditor may create a lien for the judgment in other counties in the manner provided by section 15 of this 2003 Act.
[(2)] (3) When a judgment is entered in the small claims department in an amount of $10 or more and less than $3,000, exclusive of costs or disbursements, [the] a judgment creditor may at any time before expiration of judgment remedies for the judgment under [ORS 18.360 cause the judgment to be docketed] section 18 of this 2003 Act create a judgment lien for the judgment by paying to the clerk of the court that entered the judgment the fees established by ORS 21.325 (1) and (2) and requesting [the filing and docketing of the certified transcript of judgment. Upon receipt of the fees and request for docketing, the clerk shall docket the judgment in the judgment docket of the circuit court. Upon docketing, the judgment shall become a lien on real property of the judgment debtor in the county in which the judgment is docketed. In any other county, the judgment may become a lien on real property of the judgment debtor in the county if a certified copy of the judgment, or a lien record abstract for the docketed judgment in the form prescribed by ORS 18.325, is recorded in the County Clerk Lien Record. The judgment becomes a lien on real property of the judgment debtor in the other county on the date that the copy of the judgment or lien record abstract is so recorded.] that the clerk of the court note in the register, and in the separate record maintained under section 9 of this 2003 Act, that the judgment creates a judgment lien. Upon receipt of the fees and request for creating a judgment lien, the clerk shall note in the register that the judgment creates a judgment lien. Upon entry of the notation in the register, the judgment creates a lien as described in section 14 of this 2003 Act, and a judgment creditor may create a lien for the judgment in other counties in the manner provided by section 15 of this 2003 Act.
JUSTICE AND MUNICIPAL COURTS
SECTION 93. ORS 18.355 is amended to read:
18.355. (1) Subject to the requirements of this section and ORS 221.344, from the time that [an original or renewed] 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 section 15 of this 2003 Act. [is a lien upon all the real property of the judgment debtor within the county where the judgment is transcribed or recorded, and upon any real property that the judgment debtor may thereafter acquire in that county during the time prescribed in ORS 18.365. The judgment is not a lien upon any real property of the judgment debtor acquired after the effective date of the discharge of the judgment under federal bankruptcy laws. All transcribed or recorded judgments of justice and municipal courts are presumed to be in force until the judgment debtor has established that the judgment has been discharged.]
(2) [A judgment lien based on a justice or municipal court judgment expires if an appeal is taken from any judgment and a supersedeas undertaking, as defined in ORS 19.005, is filed by the judgment debtor.] The judgment lien of a judgment entered in a justice or municipal court may be eliminated as provided in section 16 of this 2003 Act if an appeal is taken from the judgment. The clerk of the justice or municipal court shall note the [expiration] elimination of the lien in the judgment docket. [The lien expires when the time expires for the filing of objections to the undertaking, or upon approval of the undertaking by the court, whichever is later.]
(3) When the lien of a justice or municipal court judgment ceases in the county in which the judgment was originally recorded or transcribed, the lien shall cease in every other county in which a certified copy of the judgment or a lien record abstract has been recorded. When the judgment has been fully satisfied, it is the responsibility of the judgment creditor to file a full satisfaction in any circuit court to which the judgment has been transcribed under ORS 52.635, and to record the satisfaction in the County Clerk Lien Record for the county in which the court is located if a certified copy of the judgment or a lien record abstract for the judgment was recorded in that County Clerk Lien Record. Upon satisfaction in full of the judgment, the judgment creditor shall deliver to the judgment debtor an executed satisfaction of the judgment for any other county where a certified copy of the judgment or a lien record abstract has been recorded. The county clerk shall charge a fee as provided in ORS 205.320 for filing a satisfaction of judgment.
SECTION 94. ORS 18.365 is amended to read:
18.365. [(1) Except as provided in this section, whenever a period of 10 years elapses after the entry of a judgment by a justice or municipal court, the judgment and any lien arising out of recording the judgment expires.]
[(2) Upon motion of the judgment creditor, the justice or municipal court that rendered the judgment may renew the judgment. The motion must be made before the expiration of the judgment under subsection (1) of this section. The clerk of the court that rendered the judgment must note in the judgment docket for the court that the judgment has been renewed. The renewed judgment and any lien created by the judgment expire 10 years after the docketing of the renewed judgment. If the judgment is renewed, the judgment creditor or the agent of the judgment creditor may cause to be recorded in the County Clerk Lien Record a certified copy of the renewed judgment, or a lien record abstract in the form provided by ORS 18.325, in the same manner as provided in ORS 52.635 and 221.351 for original judgments. If the judgment is a civil judgment entered by a justice court, the renewed judgment may be transcribed to the circuit court for the county in which the justice court is located in the same manner as provided in ORS 52.635 for original judgments. Execution may issue upon the renewed judgment until the judgment expires or is fully satisfied.]
[(3) Notwithstanding subsection (1) of this section, a judgment in a criminal action, as defined in ORS 131.005, and any lien created by the recording of the judgment expire 20 years after entry of the judgment and may not be renewed.]
(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 expire 10 years after the entry of the judgment.
(3)
Judgment remedies for a judgment in a criminal action expire 20 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 18.420; 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 section 15 (4) of this 2003 Act.
(9) The judgment remedies for a judgment in a criminal action may not be extended under this section.
SECTION 95. ORS 52.600 is amended to read:
52.600. (1) Upon the docketing of a judgment by a justice court, the judgment may be enforced by the justice court in the manner provided in this section.
(2) Enforcement proceedings on a judgment docketed by a justice court may include:
(a) Writ of execution proceedings for personal property under [ORS 23.030 to 23.105 and 23.410 to 23.600] sections 29 to 44 of this 2003 Act.
[(b) Supplementary proceedings under ORS 23.710 to 23.730.]
(b) Proceedings in support of execution under sections 31, 32 and 33 of this 2003 Act.
(c) Garnishment proceedings under ORS 18.600 to 18.850.
(3) In addition to the enforcement proceedings specified in subsection (2) of this section, a docketed justice court judgment may be enforced by the court that rendered the judgment through the issuance of a writ of execution on real property under [ORS 23.030 to 23.105 and 23.410 to 23.600] sections 29 to 44 of this 2003 Act. A writ of execution on real property may be issued by a justice court only after the judgment has been transcribed or recorded in the manner provided by ORS 52.635. [As required under ORS 23.030, upon issuance of a writ of execution, the party requesting the writ must record a certified copy of the writ or an abstract of the writ in the County Clerk Lien Record of the county in which the real property is located.]
[(4) ORCP 70 A applies to civil judgments rendered by justice courts. ORS 137.071 and 137.073 apply to judgments rendered by justice courts in actions and proceedings resulting from a person being accused and tried for the commission of an offense.]
(4) ORS 137.071 and sections 4, 5 and 6 of this 2003 Act apply to judgments rendered in justice courts.
(5) Except as provided in subsection (6) of this section, the provisions of this section apply to all judgments docketed by justice courts, including judgments imposed in violation proceedings and other criminal proceedings.
(6) The provisions of this section and ORS 52.635 do not apply to proceedings for enforcement of ordinances governing the parking of vehicles. Ordinances governing the parking of vehicles shall be enforced as provided by other law.
SECTION 96. ORS 52.635 is amended to read:
52.635. (1) After a judgment that includes a money award is docketed in a justice court, a certified copy of the judgment or a lien record abstract for the judgment may be recorded in the County Clerk Lien Record for the county that contains the justice court that rendered the judgment. The certified copy or lien record abstract may be recorded by the judgment creditor or by the agent of the judgment creditor at any time after the judgment is rendered and before the judgment expires under ORS 18.365 or is fully satisfied. From the time the certified copy of the judgment or the lien record abstract is recorded in the County Clerk Lien Record, the judgment is a lien upon the real property of the defendant in the county.
(2) In lieu of recording a certified copy of a judgment or a lien record abstract for a judgment under subsection (1) of this section, a judgment that includes a money award rendered by a justice court in a civil action may be transcribed to the circuit court for the county that contains the justice court that rendered the judgment. The judgment may be transcribed by the filing of a certified transcript of the judgment with the clerk of the circuit court. The transcript must contain a copy of all the docket entries made in the case and the judgment as rendered by the justice court, certified to be a true and correct transcript from the original entries by the justice court. Upon filing of the certified transcript, the clerk shall [docket] enter the transcribed judgment in the [judgment docket] register of the circuit court and in the separate record maintained under section 9 of this 2003 Act. [From the time the judgment is docketed in the circuit court, the judgment shall be a lien upon the real property of the defendant in that county.] The clerk shall note in the register that the transcribed judgment creates a judgment lien. A judgment in a criminal action may not be transcribed to circuit court under the provisions of this subsection.
(3) A certified copy of a judgment docketed in a justice court, or a lien record abstract for the judgment, may be recorded in any County Clerk Lien Record. The judgment or lien record abstract may be recorded in a county other than the county that contains the justice court that rendered the judgment without transcribing the justice court judgment to the circuit court for the county that contains the justice court that rendered the judgment, or recording a certified copy of the judgment or a lien record abstract for the judgment in the County Clerk Lien Record for the county that contains the justice court. If the judgment has been transcribed to circuit court, or a certified copy of the judgment or a lien record abstract for the judgment has been recorded in any County Clerk Lien Record, a lien record abstract for the judgment in the form provided by ORS 18.325 may be recorded in the County Clerk Lien Record for any other county. From the time the certified copy of the judgment or lien record abstract for the judgment is recorded in the County Clerk Lien Record of another county, the judgment is a lien upon the real property of the defendant in that county.
(4) A certified copy of a [justice court judgment renewed] certificate of extension filed under ORS 18.365, or a lien record abstract for the [renewed judgment] certificate of extension, may be transcribed to circuit court or recorded in a County Clerk Lien Record in the same manner as provided for [original] judgments under this section and with like effect.
(5) The transcribing of a justice court judgment to circuit court under this section, or the recording of a certified copy of a justice court judgment or a lien record abstract under this section, does not extend the lien of the judgment more than 10 years from the original entry of the judgment in the justice court.
(6) The fee for filing a transcript with the clerk of the circuit court under subsection (2) of this section shall be as provided in ORS 21.325 (2). The fee for recording a certified copy of a justice court judgment or a lien record abstract under this section shall be as provided in ORS 205.320.
(7) A justice court and circuit court may enter into an agreement to allow for electronic transcription of justice court judgments under this section. A justice court and county clerk may enter into an agreement to allow for electronic recording of judgments and lien record abstracts under this section.
SECTION 97. ORS 156.220 is amended to read:
156.220. Except as provided in section 6 (3) of this 2003 Act, any judgment rendered by a justice court on an offense that imposes a monetary obligation must [comply with ORS 137.071 and 137.073] contain the separate section required by section 6 (2) of this 2003 Act.
SECTION 98. ORS 221.346 is amended to read:
221.346. (1) Subject to the requirements of ORS 221.344, enforcement proceedings on a judgment docketed by a municipal court may include:
(a) Writ of execution proceedings for personal property under [ORS 23.030 to 23.105 and 23.410 to 23.600] sections 29 to 44 of this 2003 Act.
[(b) Supplementary proceedings under ORS 23.710 to 23.730.]
(b) Proceedings in support of execution under sections 31, 32 and 33 of this 2003 Act.
(c) Garnishment proceedings under ORS 18.600 to 18.850.
(2) In addition to the enforcement proceedings specified in subsection (1) of this section, a docketed municipal court judgment may be enforced by the court that rendered the judgment through the issuance of a writ of execution on real property under [ORS 23.030 to 23.105 and 23.410 to 23.600] sections 29 to 44 of this 2003 Act. A writ of execution on real property may be issued by a municipal court only after a certified copy of the judgment or a lien record abstract for the judgment is recorded in the County Clerk Lien Record for the county in which the municipal court is located. [As required under ORS 23.030, upon issuance of a writ of execution, the party requesting the writ must record a certified copy of the writ or an abstract of the writ in the County Clerk Lien Record of the county in which the real property is located.]
[(3) ORCP 70 A applies to civil judgments rendered by municipal courts that are enforced pursuant to this section. ORS 137.071 and 137.073 apply to judgments enforced pursuant to this section that are rendered in actions and proceedings resulting from a person being accused and tried for the commission of an offense.]
(3) ORS 137.071 and sections 4, 5 and 6 of this 2003 Act apply to judgments rendered in municipal courts.
(4) The provisions of this section apply to all judgments docketed in municipal courts, including judgments imposed in violation proceedings and other criminal proceedings.
SECTION 99. ORS 221.351 is amended to read:
221.351. (1) Subject to the requirements of ORS 221.344, a lien on real property of a judgment debtor may be acquired under a judgment docketed in a municipal court in the manner provided in this section. A lien on real property of a judgment debtor may be acquired under the provisions of this section only if:
(a) The judgment when docketed in the municipal court exceeds $3,000; or
(b) Two or more judgments against the same debtor are docketed in a municipal court in favor of a single judgment creditor and the total amount owing to the judgment creditor, determined by adding the amount of each individual judgment as of the date the judgment is docketed, is greater than $3,000.
(2) After a judgment is docketed in a municipal court, a certified copy of the judgment or a lien record abstract for the judgment may be recorded in the County Clerk Lien Record for the county that contains the municipal court that rendered the judgment. The judgment must be in an amount in excess of $3,000 as required by subsection (1) of this section, or be in excess of $3,000 when added to one or more other judgments in favor of a single judgment creditor as provided in subsection (1) of this section. The certified copy or lien record abstract may be recorded by the judgment creditor or by the agent of the judgment creditor at any time after the judgment is rendered and before the judgment expires under ORS 18.365 or is fully satisfied. From the time the judgment is recorded in the County Clerk Lien Record, the judgment is a lien upon the real property of the defendant in the county.
(3) A certified copy of a docketed municipal court judgment or a lien record abstract for the judgment may be recorded in any County Clerk Lien Record. The judgment must be in an amount in excess of $3,000 as required by subsection (1) of this section, or be in excess of $3,000 when added to one or more other judgments in favor of a single judgment creditor as provided in subsection (1) of this section. A certified copy of the judgment or a lien record abstract for the judgment need not be recorded in the county that contains the court that rendered the judgment before a certified copy or a lien record abstract is recorded in any other county. If a certified copy of the judgment or a lien record abstract for the judgment has been recorded in any County Clerk Lien Record, a lien record abstract for the judgment in the form provided by ORS 18.325 may be recorded in the County Clerk Lien Record for any other county. From the time the certified copy or lien record abstract is recorded in the County Clerk Lien Record of another county, the judgment is a lien upon the real property of the defendant in that county.
(4) A certified copy of a [municipal court judgment renewed] certificate of extension filed under ORS 18.365, or a lien record abstract for the [renewed judgment] certificate of extension, may be recorded in a County Clerk Lien Record in the same manner as provided for [original] judgments under this section and with like effect. The judgment must meet the requirements of subsection (1) of this section.
(5) The recording of a certified copy of a municipal court judgment or a lien record abstract under this section does not extend the lien of the judgment more than 10 years from the original entry of the judgment in the municipal court.
(6) The fee for recording a certified copy of a municipal court judgment or a lien record abstract under this section shall be as provided in ORS 205.320.
(7) A municipal court and county clerk may enter into an agreement to allow for electronic recording of judgments and lien record abstracts under this section.
DOMESTIC RELATIONS
SECTION 100. Section 101 of this 2003 Act is added to and made a part of ORS chapter 107.
SECTION 101. A judgment entered under this chapter may be altered or modified only by the entry of a supplemental judgment under sections 1 to 44 of this 2003 Act.
SECTION 102. ORS 107.005 is amended to read:
107.005. (1) A marriage may be declared void from the beginning for any of the causes specified in ORS 106.020; and, whether so declared or not, shall be deemed and held to be void in any action, suit or proceeding in which it may come into question.
(2) When either husband or wife claims or pretends that the marriage is void or voidable under the provisions of ORS 106.020, it may at the suit of the other be declared valid or that it was void from the beginning or that it is void from the time of the [decree] judgment.
(3) A marriage once declared valid by the [decree] judgment of a court having jurisdiction thereof, in a suit for that purpose, cannot afterward be questioned for the same cause directly or otherwise.
SECTION 103. ORS 107.015 is amended to read:
107.015. A judgment for the annulment or dissolution of a marriage may be [decreed] rendered for the following causes:
(1) When either party to the marriage was incapable of making such contract or consenting thereto for want of legal age or sufficient understanding;
(2) When the consent of either party was obtained by force or fraud;
provided that in the situations described in subsection (1) or (2) of this section the contract was not afterward ratified.
SECTION 104. ORS 107.025 is amended to read:
107.025. (1) A judgment for the dissolution of a marriage or a permanent or unlimited separation may be [decreed] rendered when irreconcilable differences between the parties have caused the irremediable breakdown of the marriage.
(2) A judgment for separation may be [decreed] rendered when:
(a) Irreconcilable differences between the parties have caused a temporary or unlimited breakdown of the marriage;
(b) The parties make and file with the court an agreement suspending for a period not less than one year their obligation to live together as husband and wife, and the court finds such agreement to be just and equitable; or
(c) Irreconcilable differences exist between the parties and the continuation of their status as married persons preserves or protects legal, financial, social or religious interest.
SECTION 105. ORS 107.036 is amended to read:
107.036. (1) The doctrines of fault and of in pari delicto are abolished in suits for the annulment or dissolution of a marriage or for separation.
(2) The court shall not receive evidence of specific acts of misconduct, excepting where child custody is an issue and such evidence is relevant to that issue, or excepting at a hearing when the court finds such evidence necessary to prove irreconcilable differences.
(3) In dividing, awarding and distributing the real and personal property (or both) of the parties (or either of them) between the parties, or in making such property or any of it subject to a trust, and in fixing the amount and duration of the contribution one party is to make to the support of the other, the court shall not consider the fault, if any, of either of the parties in causing grounds for the annulment or dissolution of the marriage or for separation.
(4) Where satisfactory proof of grounds for the annulment or dissolution of a marriage or for separation has been made, the court shall [not award a decree to either party but shall only decree] render a judgment for the annulment or dissolution of the marriage or for separation. A [decree] judgment of separation shall state the duration of the separation.
SECTION 106. ORS 107.085 is amended to read:
107.085. (1) A suit for marital annulment, dissolution or separation shall be entitled: “IN THE MATTER OF THE MARRIAGE OF (names of parties): PETITION FOR (ultimate relief sought).” The moving party shall be designated as the “Petitioner” and the other party the “Respondent.” Nothing in this section shall preclude both parties from acting as “Copetitioners.”
(2) The petition shall state the following:
(a) The names, social security numbers, if known, and dates of birth of all of the children born or adopted during the marriage, and a reference to and expected date of birth of any children conceived during the marriage but not yet born;
(b) The names, social security numbers, if known, and dates of birth of all children born to the parties prior to the marriage; and
(c) To the extent known, whether there is pending in this or any other state a domestic relations suit, as defined in ORS 107.510, or any type of support proceeding involving dependents of the same marriage, including one brought under ORS 108.110, 416.400 to 416.470 or this section.
(3) At or prior to the hearing of a suit for marital annulment, dissolution or separation, the moving party or the party attending the hearing shall file with the court a written statement setting forth the full names and any former names of the parties, the residence, mailing or contact addresses of the parties, the ages of both parties, their wage earner social security account numbers, the date and place of the marriage of the parties, and the names and ages of the children born to or adopted by the parties. This information shall be incorporated in and made a part of the [decree] judgment.
(4) If real property is involved, the petitioner may have a notice of pendency of the action recorded at the time the petition is filed, as provided in ORS 93.740.
SECTION 107. ORS 107.095 is amended to read:
107.095. (1) After the commencement of a suit for marital annulment, dissolution or separation and until a [decree] general judgment therein, the court may provide as follows:
(a) That a party pay to the clerk of the court such amount of money as may be necessary to enable the other party to prosecute or defend the suit, including costs of expert witnesses, and also such amount of money to the Department of Justice, court clerk or court administrator, whichever is appropriate, as may be necessary to support and maintain the other party.
(b) For the care, custody, support and maintenance, by one party or jointly, of the minor children as described in ORS 107.105 (1)(a) and for the parenting time rights as described in ORS 107.105 (1)(b) of the parent not having custody of such children.
(c) For the restraint of a party from molesting or interfering in any manner with the other party or the minor children.
(d) That if minor children reside in the family home and the court considers it necessary for their best interest to do so, the court may require either party to move out of the home for such period of time and under such conditions as the court may determine, whether the home is rented, owned or being purchased by one party or both parties.
(e) Restraining and enjoining either party or both from encumbering or disposing of any of the real or personal property of either or both of the parties, except as ordered by the court.
(f) For the temporary use, possession and control of the real or personal property of the parties or either of them and the payment of installment liens and encumbrances thereon.
(g) That even if no minor children reside in the family home, the court may require one party to move out of the home for such period of time and under such conditions as the court determines, whether the home is rented, owned or being purchased by one party or both parties if that party assaults or threatens to assault the other.
[(2) In case default is made in the payment of any moneys falling due under the terms of an order pending suit, any such delinquent amount shall be entered and docketed as a judgment, and execution or garnishment may issue thereon to enforce payment thereof in the same manner and with like effect as upon a final decree. The remedy provided in this subsection shall be deemed cumulative and not exclusive.]
(2) A limited judgment under sections 1 to 44 of this 2003 Act may be entered in an action for dissolution or annulment of a marriage providing for a support award, as defined by section 1 of this 2003 Act, or other money award, as defined by section 1 of this 2003 Act. Notwithstanding ORS 19.255, a limited judgment entered under this subsection may not be appealed. Any decision of the court in a limited judgment subject to this subsection may be appealed as otherwise provided by law upon entry of a general judgment.
(3) The court shall not require an undertaking in case of the issuance of an order under subsection (1)(c), (d), (e), (f) or (g) of this section.
(4) In a suit for annulment or dissolution of marriage or for separation, wherein the parties are copetitioners or the respondent is found by the court to be in default or the respondent having appeared has waived further appearance or the parties stipulate to the entry of a [decree] judgment, the court may, when the cause is otherwise ready for hearing on the merits, in lieu of such hearing, enter a [decree] judgment of annulment or dissolution or for separation based upon a current affidavit of the petitioner or copetitioners, setting forth a prima facie case, and covering such additional matters as the court may require. If child support or custody of minor children is involved, then the affidavit also shall include:
(a) The gross monthly income of each party, to the best of the affiant’s knowledge; and
(b) The name of the party with whom the children currently reside and the length of time they have so resided.
(5) When a court orders relief under subsection (1)(c) or (d) of this section, the court may include in its order an expiration date for the order to allow entry of the order into the Law Enforcement Data System and the databases of the National Crime Information Center of the United States Department of Justice as provided in ORS 107.720. If the person being restrained was provided notice and an opportunity to be heard, the court shall also include in the order, when appropriate, terms and findings sufficient under 18 U.S.C. 922 (d)(8) or (g)(8) to affect the person’s ability to possess firearms and ammunition or engage in activities involving firearms.
SECTION 108. ORS 107.104 is amended to read:
107.104. (1) It is the policy of this state:
(a) To encourage the settlement of suits for marital annulment, dissolution or separation; and
(b) For courts to enforce the terms of settlements described in subsection (2) of this section to the fullest extent possible, except when to do so would violate the law or would clearly contravene public policy.
(2) In a suit for marital annulment, dissolution or separation, the court may enforce the terms set forth in a stipulated [decree] judgment signed by the parties, a [decree] judgment resulting from a settlement on the record or a [decree] judgment incorporating a marital settlement agreement:
(a) As contract terms using contract remedies;
(b) By imposing any remedy available to enforce a [decree] judgment, including but not limited to contempt; or
(c) By any combination of the provisions of paragraphs (a) and (b) of this subsection.
(3) A party may seek to enforce an agreement and obtain remedies described in subsection (2) of this section by filing a motion, serving notice on the other party in the manner provided by ORCP 7 and, if a remedy under subsection (2)(b) of this section is sought, complying with the statutory requirements for that remedy. All claims for relief arising out of the same acts or omissions must be joined in the same proceeding.
(4) Nothing in subsection (2) or (3) of this section limits a party’s ability, in a separate proceeding, to file a motion to set aside, alter or modify a [decree] judgment under ORS 107.135 or to seek enforcement of an ancillary agreement to the [decree] judgment.
SECTION 109. ORS 107.105 is amended to read:
107.105. (1) Whenever the court [grants a decree] renders a judgment of marital annulment, dissolution or separation, [it may further decree as follows] the court may provide in the judgment:
(a) For the future care and custody, by one party or jointly, of all minor children of the parties born, adopted or conceived during the marriage, and for minor children born to the parties prior to the marriage, as the court may deem just and proper under ORS 107.137. The court may hold a hearing to decide the custody issue prior to any other issues. When appropriate, the court shall recognize the value of close contact with both parents and encourage joint parental custody and joint responsibility for the welfare of the children.
(b) For parenting time rights of the parent not having custody of such children, and for visitation rights pursuant to a petition filed under ORS 109.119. When a parenting plan has been developed as required by ORS 107.102, the court shall review the parenting plan and, if approved, incorporate the parenting plan into the court’s final order. When incorporated into a final order, the parenting plan is determinative of parenting time rights. If the parents have been unable to develop a parenting plan or if either of the parents requests the court to develop a detailed parenting plan, the court shall develop the parenting plan in the best interest of the child, ensuring the noncustodial parent sufficient access to the child to provide for appropriate quality parenting time and assuring the safety of the parties, if implicated. The court may deny parenting time to the noncustodial parent under this subsection only if the court finds that parenting time would endanger the health or safety of the child. The court shall recognize the value of close contact with both parents and encourage, when practicable, joint responsibility for the welfare of such children and extensive contact between the minor children of the divided marriage and the parties. If the court awards parenting time to a noncustodial parent who has committed abuse, the court shall make adequate provision for the safety of the child and the other parent in accordance with the provisions of ORS 107.718 (4).
(c) For the support of the children of the marriage by the parties. In ordering child support, the formula established by ORS 25.270 to 25.287 shall apply. The court may at any time require an accounting from the custodial parent with reference to the use of the money received as child support. The court is not required to order support for any minor child who has become self-supporting, emancipated or married, or who has ceased to attend school after becoming 18 years of age.
(d) For spousal support, an amount of money for a period of time as may be just and equitable for one party to contribute to the other, in gross or in installments or both. The court may approve an agreement for the entry of an order for the support of a party. In making the spousal support order, the court shall designate one or more categories of spousal support and shall make findings of the relevant factors in the decision. The court may order:
(A) Transitional spousal support as needed for a party to attain education and training necessary to allow the party to prepare for reentry into the job market or for advancement therein. The factors to be considered by the court in awarding transitional spousal support include but are not limited to:
(i) The duration of the marriage;
(ii) A party’s training and employment skills;
(iii) A party’s work experience;
(iv) The financial needs and resources of each party;
(v) The tax consequences to each party;
(vi) A party’s custodial and child support responsibilities; and
(vii) Any other factors the court deems just and equitable.
(B) Compensatory spousal support when there has been a significant financial or other contribution by one party to the education, training, vocational skills, career or earning capacity of the other party and when an order for compensatory spousal support is otherwise just and equitable in all of the circumstances. The factors to be considered by the court in awarding compensatory spousal support include but are not limited to:
(i) The amount, duration and nature of the contribution;
(ii) The duration of the marriage;
(iii) The relative earning capacity of the parties;
(iv) The extent to which the marital estate has already benefited from the contribution;
(v) The tax consequences to each party; and
(vi) Any other factors the court deems just and equitable.
(C) Spousal maintenance as a contribution by one spouse to the support of the other for either a specified or an indefinite period. The factors to be considered by the court in awarding spousal maintenance include but are not limited to:
(i) The duration of the marriage;
(ii) The age of the parties;
(iii) The health of the parties, including their physical, mental and emotional condition;
(iv) The standard of living established during the marriage;
(v) The relative income and earning capacity of the parties, recognizing that the wage earner’s continuing income may be a basis for support distinct from the income that the supported spouse may receive from the distribution of marital property;
(vi) A party’s training and employment skills;
(vii) A party’s work experience;
(viii) The financial needs and resources of each party;
(ix) The tax consequences to each party;
(x) A party’s custodial and child support responsibilities; and
(xi) Any other factors the court deems just and equitable.
(e) For the delivery to one party of such party’s personal property in the possession or control of the other at the time of the giving of the [decree] judgment.
(f) For the division or other disposition between the parties of the real or personal property, or both, of either or both of the parties as may be just and proper in all the circumstances. A retirement plan or pension or an interest therein shall be considered as property. The court shall consider the contribution of a spouse as a homemaker as a contribution to the acquisition of marital assets. There is a rebuttable presumption that both spouses have contributed equally to the acquisition of property during the marriage, whether such property is jointly or separately held. Subsequent to the filing of a petition for annulment or dissolution of marriage or separation, the rights of the parties in the marital assets shall be considered a species of coownership, and a transfer of marital assets under a [decree] judgment of annulment or dissolution of marriage or of separation entered on or after October 4, 1977, shall be considered a partitioning of jointly owned property. The court shall require full disclosure of all assets by the parties in arriving at a just property division. In arriving at a just and proper division of property, the court shall consider reasonable costs of sale of assets, taxes and any other costs reasonably anticipated by the parties. If a spouse has been awarded spousal support in lieu of a share of property, the court shall so state on the record, and shall order the obligor to provide for and maintain life insurance in an amount commensurate with the obligation and designating the obligee as beneficiary for the duration of the obligation. If the obligor dies prior to the termination of such support and such insurance is not in force, the court may modify the method of payment of spousal support under the [decree] judgment or order of support from installments to a lump sum payment to the obligee from the estate of the obligor in an amount commensurate with the present value of the spousal support at the time of death. The obligee or attorney of the obligee shall cause a certified copy of the [decree] judgment to be delivered to the life insurance company or companies. If the obligee or the attorney of the obligee delivers a true copy of the [decree] judgment to the life insurance company or companies, identifying the policies involved and requesting such notification under this section, the company or companies shall notify the obligee, as beneficiary of the insurance policy, whenever the policyholder takes any action that will change the beneficiary or reduce the benefits of the policy. Either party may request notification by the insurer when premium payments have not been made. If the obligor is ordered to provide for and maintain life insurance, the obligor shall provide to the obligee a true copy of the policy. The obligor shall also provide to the obligee written notice of any action that will reduce the benefits or change the designation of the beneficiaries under the policy.
(g) For the creation of trusts as follows:
(A) For the appointment of one or more trustees to hold, control and manage for the benefit of the children of the parties, of the marriage or otherwise, such of the real or personal property of either or both of the parties, as the court may order to be allocated or appropriated to their support and welfare; and to collect, receive, expend, manage or invest any sum of money [decreed] awarded for the support and welfare of minor children of the parties.
(B) For the appointment of one or more trustees to hold, manage and control such amount of money or such real or personal property of either or both of the parties, as may be set aside, allocated or appropriated for the support of a party.
(C) For the establishment of the terms of the trust and provisions for the disposition or distribution of such money or property to or between the parties, their successors, heirs and assigns after the purpose of the trust has been accomplished. Upon petition of a party or a person having an interest in the trust showing a change of circumstances warranting a change in the terms of the trust, the court may make and direct reasonable modifications in its terms.
(h) To change the name of either spouse to a name the spouse held before the marriage. The court shall [decree] order a change if it is requested by the affected party.
[(i) For a judgment against one party in favor of the other for any sums of money found to be then remaining unpaid upon any enforceable order or orders theretofore duly made and entered in the proceedings under any of the provisions of ORS 107.095, and for a judgment against one party in favor of the other or in favor of the other’s attorney for any further sums as additional attorney fees or additional costs and expenses of suit or defense as the court finds reasonably and necessarily incurred by such party; or, in the absence of any such order or orders pendente lite, a like judgment for such amount of money as the court finds was reasonably necessary to enable such party to prosecute or defend the suit. The decree may include a judgment for any arrearage in any sum ordered while litigation was pending, but if such a judgment is not included in the decree, such arrearages shall not be deemed satisfied.]
(i)
For a money award for any sums of money found to be then remaining unpaid upon
any order or limited judgment entered under ORS 107.095. If a limited judgment
was entered under ORS 107.095, the limited judgment shall continue to be
enforceable for any amounts not paid under the limited judgment unless those
amounts are included in the money award made by the general judgment.
(j) For an award of reasonable attorney fees in favor of a party or in favor of a party’s attorney.
(2) In determining the proper amount of support and the proper division of property under subsection (1)(c), (d) and (f) of this section, the court may consider evidence of the tax consequences on the parties of its proposed [decree] judgment.
(3) Upon the filing of the [decree] judgment, the property division ordered shall be deemed effective for all purposes. This transfer by [decree] judgment, which shall effect solely owned property transferred to the other spouse as well as commonly owned property in the same manner as would a declaration of a resulting trust in favor of the spouse to whom the property is awarded, shall not be deemed a taxable sale or exchange.
(4) If an appeal is taken from a [decree] judgment of annulment or dissolution of marriage or of separation or from any part of a [decree] judgment rendered in pursuance of the provisions of ORS 107.005 to 107.085, 107.095, 107.105, 107.115 to 107.174, 107.405, 107.425, 107.445 to 107.520, 107.540 and 107.610, the court [making such decree] rendering the judgment may provide in a [separate order] supplemental judgment for any relief provided for in ORS 107.095 and shall provide that the [order] relief granted in the judgment is to be in effect only during the pendency of the appeal. A [temporary order] supplemental judgment under this subsection may be enforced as provided in ORS 33.015 to 33.155 and sections 1 to 44 of this 2003 Act. [On motion of a party the Court of Appeals may review the trial court’s disposition of a request for a temporary order. A motion under this subsection must be filed with the Court of Appeals within 14 days after the entry of the temporary order. The Court of Appeals may modify the trial court’s order only if the Court of Appeals finds an abuse of discretion by the trial court. Upon such finding, the Court of Appeals may enter a temporary order, affirm, modify or vacate the trial court’s order, remand the order to the trial court for reconsideration or impose terms and conditions on the order.] A supplemental judgment under this subsection may be appealed in the same manner as provided for supplemental judgments modifying a domestic relations judgment under ORS 19.275.
(5) If an appeal is taken from the [decree] judgment or other appealable order in a suit for annulment or dissolution of a marriage or for separation, and the appellate court awards costs and disbursements to a party, it may also award to that party, as part of the costs, such additional sum of money as it may adjudge reasonable as an attorney fee on the appeal.
(6) If, as a result of a suit for the annulment or dissolution of a marriage or for separation, the parties to such suit become owners of an undivided interest in any real or personal property, or both, either party may maintain supplemental proceedings by filing a petition in such suit for the partition of such real or personal property, or both, within two years from the entry of [said decree] the judgment, showing among other things that the original parties to [such decree] the judgment and their joint or several creditors having a lien upon any such real or personal property, if any there be, constitute the sole and only necessary parties to such supplemental proceedings. The procedure in the supplemental proceedings, so far as applicable, shall be the procedure provided in ORS 105.405, for the partition of real property, and the court granting [such decree] the judgment shall have in the first instance and retain jurisdiction in equity therefor.
SECTION 110. ORS 107.108 is amended to read:
107.108. (1) In addition to any other authority of the court, the court may enter an order against either parent, or both of them, to provide for the support or maintenance of a child attending school:
(a) After the commencement of a suit for annulment or dissolution of a marriage or for separation from bed and board and before the [decree] judgment therein;
(b) In a [decree] judgment of annulment or dissolution of a marriage or of separation from bed and board; and
(c) During the pendency of an appeal taken from all or part of a [decree] judgment rendered in pursuance of ORS 107.005 to 107.085, 107.095 to 107.174, 107.405, 107.425, 107.445 to 107.520, 107.540, 107.610 or this section.
(2) An order providing for temporary support pursuant to subsection (1)(c) of this section may be modified at any time by the court making the [decree] judgment appealed from, shall provide that the support money be paid in monthly installments, and shall further provide that it is to be in effect only during the pendency of the appeal. No appeal lies from any such temporary order.
(3) If the court provides for the support and maintenance of a child attending school pursuant to this section, the child is a party for purposes of matters related to that provision.
(4) When the court orders support under this section or the administrator or a hearings officer orders support for a child attending school under ORS 416.400 to 416.470, the court, administrator or hearings officer shall order that the support be distributed to the child unless good cause is found for the distribution of the payment to be made in some other manner. When there are multiple children for whom support is ordered, the amount paid directly to a child under this subsection is a prorated share based on the number of children for whom support is ordered unless otherwise ordered by the court, administrator or hearings officer. The Department of Human Services shall adopt rules to define good cause and circumstances under which the administrator or hearings officer may allocate support by other than a prorated share and to determine how support is to be allocated in those circumstances.
(5) A child for whom support has been ordered under this section:
(a) Must maintain the equivalent of a C average or better.
(b) Shall notify a parent paying support when the child ceases to be a child attending school.
(c) Shall submit to the Department of Human Services and the parent paying support, on a form developed by the department, all information necessary to establish eligibility to receive support under this section, including grades earned and the courses in which the child is enrolled. The child shall submit the information required by this paragraph within the first month of each term or semester.
(6) If the child fails to comply with any of the requirements imposed on the child by this section and upon written notice from the obligor, the distribution of the support directly to the child ceases and may not be reinstated unless the parent paying support elects to continue to pay the support, in spite of the child’s failure to comply with the requirements of this section, and notifies the Department of Human Services of the election in writing. If the underlying support order is for the support of more than one child, the parent shall pay the amount previously paid directly to the child to the recipient of the rest of the support until such time as the support order is modified. A child’s failure to comply with the requirements imposed by this section is a substantial change of circumstances for purposes of modification of a support order.
(7) Orders entered into prior to October 4, 1997, may be modified to include the provisions of subsections (4) to (6) of this section. However, the fact that an order entered, or agreement entered into, prior to October 4, 1997, does not contain any of the provisions of subsections (4) to (6) of this section does not constitute a substantial change of circumstances for purposes of modifying a child support order.
(8) As used in this section, “child attending school” means a child of the parties who is unmarried, is 18 years of age or older and under 21 years of age and is a student regularly attending school, community college, college or university, or regularly attending a course of professional or technical training designed to fit the child for gainful employment. A child enrolled in an educational course load of less than one-half that determined by the educational facility to constitute “full-time” enrollment is not a “child attending school.”
SECTION 111. ORS 107.115 is amended to read:
107.115. (1) A [decree] judgment of annulment or dissolution of a marriage restores the parties [thereto] to the status of unmarried persons, unless a party is married to another person. [Such decree shall give] The judgment gives the court jurisdiction to award, to be effective immediately, the relief provided by ORS 107.105. [However, any judgment or award provided for in the decree shall become effective as a lien upon real property only upon docketing in the county where the decree is originally entered as provided in ORS 18.320 and 18.360. In all other counties, the judgment or award shall become a lien only upon recording a certified copy of the judgment or lien record abstract or a certified copy of the decree in the County Clerk Lien Record. The decree] The judgment shall revoke a will pursuant to the provisions of ORS 112.315.
(2) The marriage relationship is terminated when the court signs the judgment of dissolution of marriage.
(3)(a) The Court of Appeals or Supreme Court shall continue to have jurisdiction of an appeal pending at the time of the death of either party. The appeal may be continued by the personal representative of the deceased party. The attorney of record on the appeal, for the deceased party, may be allowed a reasonable attorney fee, to be paid from the decedent’s estate. However, costs on appeal may not be awarded to either party.
(b) The Court of Appeals or Supreme Court shall have the power to determine finally all matters presented on such appeal. Before making final disposition, the Court of Appeals or Supreme Court may refer the proceeding back to the trial court for such additional findings of fact as are required.
SECTION 112. ORS 107.135, as amended by section 4, chapter 116, Oregon Laws 2003 (Enrolled House Bill 2277), is amended to read:
107.135. (1) The court may at any time after a [decree] judgment of annulment or dissolution of marriage or of separation is granted, upon the motion of either party and after service of notice on the other party in the manner provided by ORCP 7, and after notice to the Division of Child Support when required pursuant to subsection (9) of this section:
(a) Set aside, alter or modify so much of the [decree] judgment as may provide for the appointment and duties of trustees, for the custody, parenting time, visitation, support and welfare of the minor children and the children attending school, as defined in ORS 107.108, including any provisions for health or life insurance, or for the support of a party or for life insurance under ORS 107.820 or 107.830;
(b) Make an order, after service of notice to the other party, providing for the future custody, support and welfare of minor children residing in the state, who, at the time the [decree] judgment was given, were not residents of the state, or were unknown to the court or were erroneously omitted from the [decree] judgment;
(c) Terminate a duty of support toward any minor child who has become self-supporting, emancipated or married;
(d) Notwithstanding section 84 (2), chapter 827, Oregon Laws 1973, and after service of notice on the child in the manner provided by law for service of a summons, suspend future support for any child who has ceased to be a child attending school as defined in ORS 107.108; and
(e) Set aside, alter or modify so much of the [decree] judgment as may provide for a property award based on the enhanced earning capacity of a party that was awarded before October 23, 1999. A property award may be set aside, altered or modified under this paragraph:
(A) When the person with the enhanced earning capacity makes a good faith career change that results in less income;
(B) When the income of the person with the enhanced earning capacity decreases due to circumstances beyond the person’s control; or
(C) Under such other circumstances as the court deems just and proper.
(2) When a party moves to set aside, alter or modify the child support provisions of the [decree] judgment:
(a) The party shall state in the motion, to the extent known:
(A) Whether there is pending in this state or any other jurisdiction any type of support proceeding involving children of the marriage, including one brought under ORS 25.287, 107.431, 109.100, 125.025, 416.400 to 416.470, 419B.400 or 419C.590 or ORS chapter 110; and
(B) Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.303, involving children of the marriage, other than the [decree] judgment the party is moving to set aside, alter or modify.
(b) The party shall include with the motion a certificate regarding any pending support proceeding and any existing support order other than the [decree] judgment the party is moving to set aside, alter or modify. The party shall use a certificate that is in a form established by court rule and include information required by court rule and paragraph (a) of this subsection.
(3) In a proceeding under this section to reconsider the spousal or child support provisions of the [decree] judgment, the following provisions apply:
(a) A substantial change in economic circumstances of a party, which may include, but is not limited to, a substantial change in the cost of reasonable and necessary expenses to either party, is sufficient for the court to reconsider its order of support, except that an order of compensatory spousal support may only be modified upon a showing of an involuntary, extraordinary and unanticipated change in circumstances that reduces the earning capacity of the paying spouse.
(b) If the [decree] judgment provided for a termination or reduction of spousal support at a designated age in anticipation of the commencement of pension, social security or other entitlement payments, and if the obligee is unable to obtain the anticipated entitlement payments, that inability is sufficient change in circumstances for the court to reconsider its order of support.
(c) If social security is considered in lieu of spousal support or partial spousal support, the court shall determine the amount of social security the party is eligible to collect. The court shall take into consideration any pension, retirement or other funds available to either party to effect an equitable distribution between the parties and shall also take into consideration any reduction of entitlement caused by taking early retirement.
(4) In considering under this section whether a change in circumstances exists sufficient for the court to reconsider spousal or child support provisions of a [decree] judgment, the following provisions apply:
(a) The court or administrator, as defined in ORS 25.010, shall consider income opportunities and benefits of the respective parties from all sources, including but not limited to:
(A) The reasonable opportunity of each party, the obligor and obligee respectively, to acquire future income and assets.
(B) Retirement benefits available to the obligor and to the obligee.
(C) Other benefits to which the obligor is entitled, such as travel benefits, recreational benefits and medical benefits, contrasted with benefits to which the obligee is similarly entitled.
(D) Social Security benefits received on behalf of a child due to a parent’s disability or retirement if the benefits:
(i) Were not previously considered in the child support order; or
(ii) Were considered in an action initiated before March 1, 1999.
(E) Veterans’ benefits received on behalf of a child due to a parent’s disability or retirement if the benefits:
(i) Were not previously considered in the child support order; or
(ii) Were considered in an action initiated before October 23, 1999.
(b) If the motion for modification is one made by the obligor to reduce or terminate support, and if the obligee opposes the motion, the court shall not find a change in circumstances sufficient for reconsideration of support provisions, if the motion is based upon a reduction of the obligor’s financial status resulting from the obligor’s taking voluntary retirement, partial voluntary retirement or any other voluntary reduction of income or self-imposed curtailment of earning capacity, if it is shown that such action of the obligor was not taken in good faith but was for the primary purpose of avoiding the support obligation. In any subsequent motion for modification, the court shall deny the motion if the sole basis of the motion for modification is the termination of voluntarily taken retirement benefits and the obligor previously has been found not to have acted in good faith.
(c) The court shall consider the following factors in deciding whether the actions of the obligor were not in “good faith”:
(A) Timing of the voluntary retirement or other reduction in financial status to coincide with court action in which the obligee seeks or is granted an increase in spousal support.
(B) Whether all or most of the income producing assets and property were awarded to the obligor, and spousal support in lieu of such property was awarded to the obligee.
(C) Extent of the obligor’s dissipation of funds and assets prior to the voluntary retirement or soon after filing for the change of circumstances based on retirement.
(D) If earned income is reduced and absent dissipation of funds or large gifts, whether the obligor has funds and assets from which the spousal support could have been paid.
(E) Whether the obligor has given gifts of substantial value to others, including a current spouse, to the detriment of the obligor’s ability to meet the preexisting obligation of spousal support.
(5) Upon terminating a duty of spousal support, a court shall make specific findings of the basis for the termination and shall include the findings in the judgment order.
(6) Any modification of spousal support granted because of a change of circumstances may be ordered effective retroactive to the date the motion for modification was filed or to any date thereafter.
(7) The [decree] judgment is [a final judgment] final as to any installment or payment of money that has accrued up to the time either party makes a motion to set aside, alter or modify the [decree] judgment, and the court does not have the power to set aside, alter or modify such [decree] judgment, or any portion thereof, that provides for any payment of money, either for minor children or the support of a party, that has accrued prior to the filing of such motion. However:
(a) The court may allow a credit against child support arrearages for periods of time, excluding reasonable parenting time unless otherwise provided by order or [decree] judgment, during which the obligated parent has physical custody of the child with the knowledge and consent of the custodial parent; and
(b) The court or the administrator, as defined in ORS 25.010, may allow, as provided in the rules of the Child Support Program, a credit against child support arrearages for any Social Security or Veterans’ benefits paid retroactively to the child, or to a representative payee administering the funds for the child’s use and benefit, as a result of a parent’s disability or retirement.
(8) In a proceeding under subsection (1) of this section, the court may assess against either party a reasonable attorney fee and costs for the benefit of the other party. If a party is found to have acted in bad faith, the court shall order that party to pay a reasonable attorney fee and costs of the defending party.
(9) Whenever a motion to establish, modify or terminate child support or satisfy or alter support arrearages is filed and the child support rights of one of the parties or of a child of both of the parties have been assigned to the state, a true copy of the motion shall be served by mail or personal delivery on the Administrator of the Division of Child Support of the Department of Justice or on the branch office providing support services to the county in which the motion is filed.
(10)(a) Except as provided in ORS 109.701 to 109.834, the courts of Oregon, having once acquired personal and subject matter jurisdiction in a domestic relations action, retain such jurisdiction regardless of any change of domicile.
(b) The courts of Oregon, in a proceeding to establish, enforce or modify a child support order, shall recognize the provisions of the federal Full Faith and Credit for Child Support Orders Act (28 U.S.C. 1738B).
(11) In a proceeding under this section to reconsider provisions in a [decree] judgment relating to custody or parenting time, the court may consider repeated and unreasonable denial of, or interference with, parenting time to be a substantial change of circumstances.
(12) Within 30 days after service of notice under subsection (1) of this section, the party served shall file a written response with the court.
(13)(a) It is the policy of this state:
(A) To encourage the settlement of cases brought under this section; and
(B) For courts to enforce the terms of settlements described in paragraph (b) of this subsection to the fullest extent possible, except when to do so would violate the law or would clearly contravene public policy.
(b) In a proceeding under subsection (1) of this section, the court may enforce the terms set forth in a stipulated order or judgment signed by the parties, an order or judgment resulting from a settlement on the record or an order or judgment incorporating a settlement agreement:
(A) As contract terms using contract remedies;
(B) By imposing any remedy available to enforce an order or judgment, including but not limited to contempt; or
(C) By any combination of the provisions of subparagraphs (A) and (B) of this paragraph.
(c) A party may seek to enforce an agreement and obtain remedies described in paragraph (b) of this subsection by filing a motion, serving notice on the other party in the manner provided by ORCP 7 and, if a remedy under paragraph (b)(B) of this subsection is sought, complying with the statutory requirements for that remedy. All claims for relief arising out of the same acts or omissions must be joined in the same proceeding.
(d) Nothing in paragraph (b) or (c) of this subsection limits a party’s ability, in a separate proceeding, to file a motion to modify an order or judgment under subsection (1) of this section or to seek enforcement of an ancillary agreement to the order or judgment.
SECTION 112a. If House Bill 2111 becomes law, ORS 107.135, as amended by section 4, chapter 116, Oregon Laws 2003 (Enrolled House Bill 2277), and section 112 of this 2003 Act, is amended to read:
107.135. (1) The court may at any time after a judgment of annulment or dissolution of marriage or of separation is granted, upon the motion of either party and after service of notice on the other party in the manner provided by ORCP 7, and after notice to the Division of Child Support when required [pursuant to] under subsection (9) of this section:
(a) Set aside, alter or modify [so much] any portion of the judgment [as may provide] that provides for the appointment and duties of trustees, for the custody, parenting time, visitation, support and welfare of the minor children and the children attending school, as defined in ORS 107.108, including any [provisions for] health or life insurance provisions, [or] for the support of a party or for life insurance under ORS 107.820 or 107.830;
(b) Make an order, after service of notice to the other party, providing for the future custody, support and welfare of minor children residing in the state, who, at the time the judgment was given, were not residents of the state, or were unknown to the court or were erroneously omitted from the judgment;
(c) Terminate a duty of support toward any minor child who has become self-supporting, emancipated or married;
(d) Notwithstanding section 84 (2), chapter 827, Oregon Laws 1973, and after service of notice on the child in the manner provided by law for service of a summons, suspend future support for any child who has ceased to be a child attending school as defined in ORS 107.108; and
(e) Set aside, alter or modify [so much] any portion of the judgment [as may provide] that provides for a property award based on the enhanced earning capacity of a party that was awarded before October 23, 1999. A property award may be set aside, altered or modified under this paragraph:
(A) When the person with the enhanced earning capacity makes a good faith career change that results in less income;
(B) When the income of the person with the enhanced earning capacity decreases due to circumstances beyond the person’s control; or
(C) Under such other circumstances as the court deems just and proper.
(2) When a party moves to set aside, alter or modify the child support provisions of the judgment:
(a) The party shall state in the motion, to the extent known:
(A) Whether there is pending in this state or any other jurisdiction any type of support proceeding involving children of the marriage, including one brought under ORS 25.287, 107.431, 109.100, 125.025, 416.400 to 416.470, 419B.400 or 419C.590 or ORS chapter 110; and
(B) Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.303, involving children of the marriage, other than the judgment the party is moving to set aside, alter or modify.
(b) The party shall include with the motion a certificate regarding any pending support proceeding and any existing support order other than the judgment the party is moving to set aside, alter or modify. The party shall use a certificate that is in a form established by court rule and include information required by court rule and paragraph (a) of this subsection.
(3) In a proceeding under this section to reconsider the spousal or child support provisions of the judgment, the following provisions apply:
(a) A substantial change in economic circumstances of a party, which may include, but is not limited to, a substantial change in the cost of reasonable and necessary expenses to either party, is sufficient for the court to reconsider its order of support, except that an order of compensatory spousal support may only be modified upon a showing of an involuntary, extraordinary and unanticipated change in circumstances that reduces the earning capacity of the paying spouse.
(b) If the judgment provided for a termination or reduction of spousal support at a designated age in anticipation of the commencement of pension, social security or other entitlement payments, and if the obligee is unable to obtain the anticipated entitlement payments, that inability is sufficient change in circumstances for the court to reconsider its order of support.
(c) If social security is considered in lieu of spousal support or partial spousal support, the court shall determine the amount of social security the party is eligible to collect. The court shall take into consideration any pension, retirement or other funds available to either party to effect an equitable distribution between the parties and shall also take into consideration any reduction of entitlement caused by taking early retirement.
(4) In considering under this section whether a change in circumstances exists sufficient for the court to reconsider spousal or child support provisions of a judgment, the following provisions apply:
(a) The court or administrator, as defined in ORS 25.010, shall consider income opportunities and benefits of the respective parties from all sources, including but not limited to:
(A) The reasonable opportunity of each party, the obligor and obligee respectively, to acquire future income and assets.
(B) Retirement benefits available to the obligor and to the obligee.
(C) Other benefits to which the obligor is entitled, such as travel benefits, recreational benefits and medical benefits, contrasted with benefits to which the obligee is similarly entitled.
(D) Social Security benefits received on behalf of a child due to a parent’s disability or retirement if the benefits:
(i) Were not previously considered in the child support order; or
(ii) Were considered in an action initiated before March 1, 1999.
(E) Veterans’ benefits received on behalf of a child due to a parent’s disability or retirement if the benefits:
(i) Were not previously considered in the child support order; or
(ii) Were considered in an action initiated before October 23, 1999.
(b) If the motion for modification is one made by the obligor to reduce or terminate support, and if the obligee opposes the motion, the court shall not find a change in circumstances sufficient for reconsideration of support provisions, if the motion is based upon a reduction of the obligor’s financial status resulting from the obligor’s taking voluntary retirement, partial voluntary retirement or any other voluntary reduction of income or self-imposed curtailment of earning capacity, if it is shown that such action of the obligor was not taken in good faith but was for the primary purpose of avoiding the support obligation. In any subsequent motion for modification, the court shall deny the motion if the sole basis of the motion for modification is the termination of voluntarily taken retirement benefits and the obligor previously has been found not to have acted in good faith.
(c) The court shall consider the following factors in deciding whether the actions of the obligor were not in “good faith”:
(A) Timing of the voluntary retirement or other reduction in financial status to coincide with court action in which the obligee seeks or is granted an increase in spousal support.
(B) Whether all or most of the income producing assets and property were awarded to the obligor, and spousal support in lieu of such property was awarded to the obligee.
(C) Extent of the obligor’s dissipation of funds and assets prior to the voluntary retirement or soon after filing for the change of circumstances based on retirement.
(D) If earned income is reduced and absent dissipation of funds or large gifts, whether the obligor has funds and assets from which the spousal support could have been paid.
(E) Whether the obligor has given gifts of substantial value to others, including a current spouse, to the detriment of the obligor’s ability to meet the preexisting obligation of spousal support.
(5) Upon terminating a duty of spousal support, a court shall make specific findings of the basis for the termination and shall include the findings in the judgment order.
(6) Any modification of spousal support granted because of a change of circumstances may be ordered effective retroactive to the date the motion for modification was [filed] served or to any date thereafter.
(7) The judgment is final as to any installment or payment of money that has accrued up to the time [either party makes] the nonmoving party, other than the state, is served with a motion to set aside, alter or modify the judgment. [, and] The court [does not have the power to] may not set aside, alter or modify [such judgment, or] any portion [thereof,] of the judgment that provides for any payment of money, either for minor children or for the support of a party, that has accrued [prior to the filing of such motion] before the motion is served. However:
(a) The court may allow a credit against child support arrearages for periods of time, excluding reasonable parenting time unless otherwise provided by order or judgment, during which the [obligated parent] obligor, with the knowledge and consent of the obligee or pursuant to court order, has physical custody of the child [with the knowledge and consent of the custodial parent]; and
(b) The court [or the administrator, as defined in ORS 25.010,] may allow, as provided in the rules of the Child Support Program, a credit against child support arrearages for any Social Security or Veterans’ benefits paid retroactively to the child, or to a representative payee administering the funds for the child’s use and benefit, as a result of a parent’s disability or retirement.
(8) In a proceeding under subsection (1) of this section, the court may assess against either party a reasonable attorney fee and costs for the benefit of the other party. If a party is found to have acted in bad faith, the court shall order that party to pay a reasonable attorney fee and costs of the defending party.
(9) Whenever a motion to establish, modify or terminate child support or satisfy or alter support arrearages is filed and the child support rights of one of the parties or of a child of both of the parties have been assigned to the state, a true copy of the motion shall be served by mail or personal delivery on the Administrator of the Division of Child Support of the Department of Justice or on the branch office providing support services to the county in which the motion is filed.
(10)(a) Except as provided in ORS 109.701 to 109.834, the courts of Oregon, having once acquired personal and subject matter jurisdiction in a domestic relations action, retain such jurisdiction regardless of any change of domicile.
(b) The courts of Oregon, in a proceeding to establish, enforce or modify a child support order, shall recognize the provisions of the federal Full Faith and Credit for Child Support Orders Act (28 U.S.C. 1738B).
(11) In a proceeding under this section to reconsider provisions in a judgment relating to custody or parenting time, the court may consider repeated and unreasonable denial of, or interference with, parenting time to be a substantial change of circumstances.
(12) Within 30 days after service of notice under subsection (1) of this section, the party served shall file a written response with the court.
(13)(a) It is the policy of this state:
(A) To encourage the settlement of cases brought under this section; and
(B) For courts to enforce the terms of settlements described in paragraph (b) of this subsection to the fullest extent possible, except when to do so would violate the law or would clearly contravene public policy.
(b) In a proceeding under subsection (1) of this section, the court may enforce the terms set forth in a stipulated order or judgment signed by the parties, an order or judgment resulting from a settlement on the record or an order or judgment incorporating a settlement agreement:
(A) As contract terms using contract remedies;
(B) By imposing any remedy available to enforce an order or judgment, including but not limited to contempt; or
(C) By any combination of the provisions of subparagraphs (A) and (B) of this paragraph.
(c) A party may seek to enforce an agreement and obtain remedies described in paragraph (b) of this subsection by filing a motion, serving notice on the other party in the manner provided by ORCP 7 and, if a remedy under paragraph (b)(B) of this subsection is sought, complying with the statutory requirements for that remedy. All claims for relief arising out of the same acts or omissions must be joined in the same proceeding.
(d) Nothing in paragraph (b) or (c) of this subsection limits a party’s ability, in a separate proceeding, to file a motion to modify an order or judgment under subsection (1) of this section or to seek enforcement of an ancillary agreement to the order or judgment.
SECTION 112b. If House Bill 2111 becomes law, ORS 107.135, as amended by section 1, chapter 419, Oregon Laws 2003 (Enrolled House Bill 2111), is amended to read:
107.135. (1) The court may at any time after a [decree] judgment of annulment or dissolution of marriage or of separation is granted, upon the motion of either party and after service of notice on the other party in the manner provided by ORCP 7, and after notice to the Division of Child Support when required under subsection [(8)] (9) of this section:
(a) Set aside, alter or modify any portion of the [decree] judgment that provides for the appointment and duties of trustees, for the custody, parenting time, visitation, support and welfare of the minor children and the children attending school, as defined in ORS 107.108, including any health or life insurance provisions, for the support of a party or for life insurance under ORS 107.820 or 107.830;
(b) Make an order, after service of notice to the other party, providing for the future custody, support and welfare of minor children residing in the state, who, at the time the [decree] judgment was given, were not residents of the state, or were unknown to the court or were erroneously omitted from the [decree] judgment;
(c) Terminate a duty of support toward any minor child who has become self-supporting, emancipated or married;
(d) Notwithstanding section 84 (2), chapter 827, Oregon Laws 1973, and after service of notice on the child in the manner provided by law for service of a summons, suspend future support for any child who has ceased to be a child attending school as defined in ORS 107.108; and
(e) Set aside, alter or modify [so much] any portion of the [decree] judgment [as may provide] that provides for a property award based on the enhanced earning capacity of a party that was awarded before October 23, 1999. A property award may be set aside, altered or modified under this paragraph:
(A) When the person with the enhanced earning capacity makes a good faith career change that results in less income;
(B) When the income of the person with the enhanced earning capacity decreases due to circumstances beyond the person’s control; or
(C) Under such other circumstances as the court deems just and proper.
(2)
When a party moves to set aside, alter or modify the child support provisions
of the judgment:
(a)
The party shall state in the motion, to the extent known:
(A)
Whether there is pending in this state or any other jurisdiction any type of
support proceeding involving children of the marriage, including one brought
under ORS 25.287, 107.431, 109.100, 125.025, 416.400 to 416.470, 419B.400 or
419C.590 or ORS chapter 110; and
(B)
Whether there exists in this state or any other jurisdiction a support order,
as defined in ORS 110.303, involving children of the marriage, other than the
judgment the party is moving to set aside, alter or modify.
(b) The party shall include with the motion a certificate regarding any pending support proceeding and any existing support order other than the judgment the party is moving to set aside, alter or modify. The party shall use a certificate that is in a form established by court rule and include information required by court rule and paragraph (a) of this subsection.
[(2)] (3) In a proceeding under this section to reconsider the spousal or child support provisions of the [decree] judgment, the following provisions apply:
(a) A substantial change in economic circumstances of a party, which may include, but is not limited to, a substantial change in the cost of reasonable and necessary expenses to either party, is sufficient for the court to reconsider its order of support, except that an order of compensatory spousal support may only be modified upon a showing of an involuntary, extraordinary and unanticipated change in circumstances that reduces the earning capacity of the paying spouse.
(b) If the [decree] judgment provided for a termination or reduction of spousal support at a designated age in anticipation of the commencement of pension, social security or other entitlement payments, and if the obligee is unable to obtain the anticipated entitlement payments, that inability is sufficient change in circumstances for the court to reconsider its order of support.
(c) If social security is considered in lieu of spousal support or partial spousal support, the court shall determine the amount of social security the party is eligible to collect. The court shall take into consideration any pension, retirement or other funds available to either party to effect an equitable distribution between the parties and shall also take into consideration any reduction of entitlement caused by taking early retirement.
[(3)] (4) In considering under this section whether a change in circumstances exists sufficient for the court to reconsider spousal or child support provisions of a [decree] judgment, the following provisions apply:
(a) The court or administrator, as defined in ORS 25.010, shall consider income opportunities and benefits of the respective parties from all sources, including but not limited to:
(A) The reasonable opportunity of each party, the obligor and obligee respectively, to acquire future income and assets.
(B) Retirement benefits available to the obligor and to the obligee.
(C) Other benefits to which the obligor is entitled, such as travel benefits, recreational benefits and medical benefits, contrasted with benefits to which the obligee is similarly entitled.
(D) Social Security benefits received on behalf of a child due to a parent’s disability or retirement if the benefits:
(i) Were not previously considered in the child support order; or
(ii) Were considered in an action initiated before March 1, 1999.
(E) Veterans’ benefits received on behalf of a child due to a parent’s disability or retirement if the benefits:
(i) Were not previously considered in the child support order; or
(ii) Were considered in an action initiated before October 23, 1999.
(b) If the motion for modification is one made by the obligor to reduce or terminate support, and if the obligee opposes the motion, the court shall not find a change in circumstances sufficient for reconsideration of support provisions, if the motion is based upon a reduction of the obligor’s financial status resulting from the obligor’s taking voluntary retirement, partial voluntary retirement or any other voluntary reduction of income or self-imposed curtailment of earning capacity, if it is shown that such action of the obligor was not taken in good faith but was for the primary purpose of avoiding the support obligation. In any subsequent motion for modification, the court shall deny the motion if the sole basis of the motion for modification is the termination of voluntarily taken retirement benefits and the obligor previously has been found not to have acted in good faith.
(c) The court shall consider the following factors in deciding whether the actions of the obligor were not in “good faith”:
(A) Timing of the voluntary retirement or other reduction in financial status to coincide with court action in which the obligee seeks or is granted an increase in spousal support.
(B) Whether all or most of the income producing assets and property were awarded to the obligor, and spousal support in lieu of such property was awarded to the obligee.
(C) Extent of the obligor’s dissipation of funds and assets prior to the voluntary retirement or soon after filing for the change of circumstances based on retirement.
(D) If earned income is reduced and absent dissipation of funds or large gifts, whether the obligor has funds and assets from which the spousal support could have been paid.
(E) Whether the obligor has given gifts of substantial value to others, including a current spouse, to the detriment of the obligor’s ability to meet the preexisting obligation of spousal support.
[(4)] (5) Upon terminating a duty of spousal support, a court shall make specific findings of the basis for the termination and shall include the findings in the judgment order.
[(5)] (6) Any modification of spousal support granted because of a change of circumstances may be ordered effective retroactive to the date the motion for modification was served or to any date thereafter.
[(6)] (7) The [decree] judgment is [a final judgment] final as to any installment or payment of money that has accrued up to the time the nonmoving party, other than the state, is served with a motion to set aside, alter or modify the [decree] judgment. The court may not set aside, alter or modify any portion of the [decree] judgment that provides for any payment of money, either for minor children or for the support of a party, that has accrued before the motion is served. However:
(a) The court may allow a credit against child support arrearages for periods of time, excluding reasonable parenting time unless otherwise provided by order or [decree] judgment, during which the obligor, with the knowledge and consent of the obligee or pursuant to court order, has physical custody of the child; and
(b) The court may allow, as provided in the rules of the Child Support Program, a credit against child support arrearages for any Social Security or veterans’ benefits paid retroactively to the child, or to a representative payee administering the funds for the child’s use and benefit, as a result of a parent’s disability or retirement.
[(7)] (8) In a proceeding under subsection (1) of this section, the court may assess against either party a reasonable attorney fee and costs for the benefit of the other party. If a party is found to have acted in bad faith, the court shall order that party to pay a reasonable attorney fee and costs of the defending party.
[(8)] (9) Whenever a motion to establish, modify or terminate child support or satisfy or alter support arrearages is filed and the child support rights of one of the parties or of a child of both of the parties have been assigned to the state, a true copy of the motion shall be served by mail or personal delivery on the Administrator of the Division of Child Support of the Department of Justice or on the branch office providing support services to the county in which the motion is filed.
[(9)(a)] (10)(a) Except as provided in ORS 109.701 to 109.834, the courts of Oregon, having once acquired personal and subject matter jurisdiction in a domestic relations action, retain such jurisdiction regardless of any change of domicile.
(b) The courts of Oregon, in a proceeding to establish, enforce or modify a child support order, shall recognize the provisions of the federal Full Faith and Credit for Child Support Orders Act (28 U.S.C. 1738B).
[(10)] (11) In a proceeding under this section to reconsider provisions in a [decree] judgment relating to custody or parenting time, the court may consider repeated and unreasonable denial of, or interference with, parenting time to be a substantial change of circumstances.
[(11)] (12) Within 30 days after service of notice under subsection (1) of this section, the party served shall file a written response with the court.
[(12)(a)] (13)(a) It is the policy of this state:
(A) To encourage the settlement of cases brought under this section; and
(B) For courts to enforce the terms of settlements described in paragraph (b) of this subsection to the fullest extent possible, except when to do so would violate the law or would clearly contravene public policy.
(b) In a proceeding under subsection (1) of this section, the court may enforce the terms set forth in a stipulated order or judgment signed by the parties, an order or judgment resulting from a settlement on the record or an order or judgment incorporating a settlement agreement:
(A) As contract terms using contract remedies;
(B) By imposing any remedy available to enforce an order or judgment, including but not limited to contempt; or
(C) By any combination of the provisions of subparagraphs (A) and (B) of this paragraph.
(c) A party may seek to enforce an agreement and obtain remedies described in paragraph (b) of this subsection by filing a motion, serving notice on the other party in the manner provided by ORCP 7 and, if a remedy under paragraph (b)(B) of this subsection is sought, complying with the statutory requirements for that remedy. All claims for relief arising out of the same acts or omissions must be joined in the same proceeding.
(d) Nothing in paragraph (b) or (c) of this subsection limits a party’s ability, in a separate proceeding, to file a motion to modify an order or judgment under subsection (1) of this section or to seek enforcement of an ancillary agreement to the order or judgment.
SECTION 113. ORS 107.159 is amended to read:
107.159. (1) In any court order or [decree] judgment granting custody of a minor child and parenting time or visitation rights relating to the child, except for an order under ORS 107.700 to 107.732, the court shall include in its order a provision requiring that neither parent may move to a residence more than 60 miles further distant from the other parent without giving the other parent reasonable notice of the change of residence and providing a copy of such notice to the court.
(2) Notwithstanding subsection (1) of this section, a parent is not required to give notice of a change of residence if the court, upon ex parte or other motion of the parent and for good cause, enters an order suspending the requirement.
SECTION 114. ORS 107.169 is amended to read:
107.169. (1) As used in this chapter, “joint custody” means an arrangement by which parents share rights and responsibilities for major decisions concerning the child, including, but not limited to, the child’s residence, education, health care and religious training. An order providing for joint custody may specify one home as the primary residence of the child and designate one parent to have sole power to make decisions about specific matters while both parents retain equal rights and responsibilities for other decisions.
(2) The existence of an order of joint custody shall not, by itself, determine the responsibility of each parent to provide for the support of the child.
(3) The court shall not order joint custody, unless both parents agree to the terms and conditions of the order.
(4) When parents have agreed to joint custody in an order or a [decree] judgment, the court may not overrule that agreement by ordering sole custody to one parent.
(5) Modification of a joint custody order shall require showing of changed circumstances and a showing that the modification is in the best interests of the child such as would support modification of a sole custody order. Inability or unwillingness to continue to cooperate shall constitute a change of circumstances sufficient to modify a joint custody order.
SECTION 115. ORS 107.174 is amended to read:
107.174. (1) Except as otherwise provided in this subsection, the court shall order modification under ORS 107.135 of so much of a [decree] judgment as relates to the parenting time with a minor child, if the parents submit to the court a notarized stipulation signed by both of the parents and requesting such modification together with a form of order. The content and form of such stipulation and order shall be as prescribed by the State Court Administrator. At its discretion, the court may order the matter set for a hearing and require the parties to appear personally before the court.
(2) This section shall not apply when the child to whom a duty of support is owed is in another state which has enacted the Uniform Child Custody Jurisdiction Act or the Uniform Child Custody Jurisdiction and Enforcement Act and a court in that state would have subject matter and personal jurisdiction under that Act to determine custody and parenting time rights.
SECTION 116. ORS 107.179 is amended to read:
107.179. (1) When either party to a child custody issue, other than one involving temporary custody, whether the issue arises from a case of marital annulment, dissolution or separation, or from a determination of paternity, requests the court to grant joint custody of the minor children of the parties under ORS 107.105, the court, if the other party objects to the request for joint custody, shall proceed under this section. The request under this subsection must be made, in the petition or the response, or otherwise not less than 30 days before the date of trial in the case, except for good cause shown. The court in such circumstances, except as provided in subsection (3) of this section, shall direct the parties to participate in mediation in an effort to resolve their differences concerning custody. The court may order such participation in mediation within a mediation program established by the court or as conducted by any mediator approved by the court. Unless the court or the county provides a mediation service available to the parties, the court may order that the costs of the mediation be paid by one or both of the parties, as the court finds equitable upon consideration of the relative ability of the parties to pay those costs. If, after 90 days, the parties do not arrive at a resolution of their differences, the court shall proceed to determine custody.
(2) At its discretion, the court may:
(a) Order mediation under this section prior to trial and postpone trial of the case pending the outcome of the mediation, in which case the issue of custody shall be tried only upon failure to resolve the issue of custody by mediation;
(b) Order mediation under this section prior to trial and proceed to try the case as to issues other than custody while the parties are at the same time engaged in the mediation, in which case the issue of custody shall be tried separately upon failure to resolve the issue of custody by mediation; or
(c) Complete the trial of the case on all issues and order mediation under this section upon the conclusion of the trial, postponing entry of the [decree] judgment pending outcome of the mediation, in which case the court may enter a [temporary decree] limited judgment as to issues other than custody upon completion of the trial or may postpone entry of any [decree] judgment until the expiration of the mediation period or agreement of the parties as to custody.
(3) If either party objects to mediation on the grounds that to participate in mediation would subject the party to severe emotional distress and moves the court to waive mediation, the court shall hold a hearing on the motion. If the court finds it likely that participation in mediation will subject the party to severe emotional distress, the court may waive the requirement of mediation.
(4) Communications made by or to a mediator or between parties as a part of mediation ordered under this section are privileged and are not admissible as evidence in any civil or criminal proceeding.
SECTION 117. ORS 107.400 is amended to read:
107.400. At any time prior to the entry of a [decree] judgment, upon motion of a party and due notice to the other party in the manner provided by law for service of summons, the court may allow an amendment of pleadings to change the relief sought from annulment to dissolution or separation, from dissolution to annulment or separation, or from separation to annulment or dissolution.
SECTION 118. ORS 107.407 is amended to read:
107.407. If an individual has paid an amount of money in installments for more than 10 years for the support of a former spouse under a [court decree] judgment of annulment or dissolution of marriage that ordered such payment, and when the former spouse has not made a reasonable effort during that period of time to become financially self-supporting and independent of the support provided under the [decree] judgment, the individual paying the support may petition the court that issued the [decree] judgment to set aside so much of the [decree] judgment as may provide for the support of the former spouse. The petition shall not be granted if spousal support was granted in the [decree] judgment in lieu of a share of property in order to provide the other spouse with a tax benefit.
SECTION 119. ORS 107.412 is amended to read:
107.412. (1) Upon petition of an individual and after service of notice on the other party in the manner provided by law for service of a summons, the court shall conduct a proceeding to determine whether so much of its [decree] judgment as provides for the support of a party shall be set aside.
(2) Except as provided in subsections (3) and (4) of this section, if the court finds that the party receiving support has not made a reasonable effort during the previous 10 years to become financially self-supporting and independent of the support provided under the [decree] judgment, the court shall order that support terminated. In making its finding under this subsection, the court shall consider the following matters:
(a) The age of the party receiving support;
(b) The health, work experience and earning capacity of the party;
(c) The ages, health and dependency conditions of the minor children of the party; and
(d) Efforts made by the party during the previous 10 years to improve opportunities for gainful or improved employment including, but not limited to, attendance at any school, community college or university or attendance at courses of professional or technical training.
(3) A court does not have power under ORS 107.407 and this section to set aside any payment of money for the support of a party that has accrued prior to the filing of the petition under subsection (1) of this section.
(4) ORS 107.407 and this section do not affect a [decree] judgment, or any portion of it, that provides for the payment of money for the support of minor children or for the support of a party who is 60 years of age or older when the proceeding under subsection (1) of this section is held.
(5) In a proceeding held under subsection (1) of this section, the court may assess against either party a reasonable attorney fee for the benefit of the other party.
SECTION 120. ORS 107.415 is amended to read:
107.415. (1) If a party is required by a [decree] judgment of a court in a domestic relations suit, as defined in ORS 107.510, to contribute to the support, nurture or education of a minor child while the other party has custody thereof, the custodial parent shall notify the party contributing such money when the minor child receives income from the gainful employment of the child, or is married or enters the military service.
(2) Any custodial parent who does not provide notice, as required by subsection (1) of this section may be required by the court to make restitution to the contributing party of any money paid, as required by the [decree] judgment. The court may enter a supplemental judgment or satisfy all or part of [any accrued judgment] the support award to accomplish the restitution.
SECTION 121. ORS 107.425 is amended to read:
107.425. (1) In suits or proceedings described in subsection (4) of this section in which there are minor children involved, the court may cause an investigation to be made as to the character, family relations, past conduct, earning ability and financial worth of the parties for the purpose of protecting the children’s future interest. The court may defer the entry of a [final] general judgment until the court is satisfied that its judgment in such suit or proceeding will properly protect the welfare of such children. The investigative findings shall be offered as and subject to all rules of evidence. Costs of the investigation may be charged against one or more of the parties or as a cost in the proceedings but shall not be charged against funds appropriated for indigent defense services.
(2) The court, on its own motion or on the motion of a party, may order an independent physical, psychological, psychiatric or mental health examination of a party or the children and may require any party and the children to be interviewed, evaluated and tested by an expert or panel of experts. The court may also authorize the expert or panel of experts to interview other persons and to request other persons to make available to the expert or panel of experts records deemed by the court or the expert or panel of experts to be relevant to the evaluation. The court may order the parties to authorize the disclosure of such records. In the event the parties are unable to stipulate to the selection of an expert or panel of experts to conduct the examination or evaluation, the court shall appoint a qualified expert or panel of experts. The court shall direct one or more of the parties to pay for the examination or evaluation in the absence of an agreement between the parties as to the responsibility for payment but shall not direct that the expenses be charged against funds appropriated for indigent defense services. If more than one party is directed to pay, the court may determine the amount that each party will pay based on financial ability.
(3)(a) In addition to an investigation, examination or evaluation under subsections (1) and (2) of this section, the court may appoint an individual or a panel or may designate a program to assist the court in creating parenting plans or resolving disputes regarding parenting time and to assist parents in creating and implementing parenting plans. The services provided to the court and to parents under this section may include:
(A) Gathering information;
(B) Monitoring compliance with court orders;
(C) Providing the parents, their attorneys, if any, and the court with recommendations for new or modified parenting time provisions; and
(D) Providing parents with problem solving, conflict management and parenting time coordination services or other services approved by the court.
(b) Services provided under this section may require the provider to possess and utilize mediation skills, but the services are not comprised exclusively of mediation services under ORS 107.755 to 107.785. If only mediation services are provided, the provisions of ORS 107.755 to 107.785 apply.
(c) The court may order one or more of the parties to pay for services provided under this subsection, if the parties are unable to agree on their respective responsibilities for payment. The court may not order that expenses be charged against funds appropriated for indigent defense services.
(d) The presiding judge of each judicial district shall establish qualifications for the appointment and training of individuals and panels and the designation of programs under this section. In establishing qualifications, a presiding judge shall take into consideration any guidelines recommended by the statewide family law advisory committee.
(4) The provisions of this section apply when:
(a) A person files a domestic relations suit, as defined in ORS 107.510;
(b) A motion to modify an existing [decree] judgment in a domestic relations suit is before the court;
(c) A parent of a child born out of wedlock initiates a civil proceeding to determine custody or support under ORS 109.103;
(d) A person petitions or files a motion for intervention under ORS 109.119;
(e) A person or state agency files a petition under ORS 109.125 to establish paternity and paternity is established; or
(f) A habeas corpus proceeding is before the court.
(5) Application of the provisions of subsection (1), (2) or (3) of this section to the proceedings under subsection (4) of this section does not prevent initiation, entry or enforcement of an order of support.
(6) The court, on its own motion or on the motion of a party, may appoint counsel for the children. However, if requested to do so by one or more of the children, the court shall appoint counsel for the child or children. A reasonable fee for an attorney so appointed may be charged against one or more of the parties or as a cost in the proceedings but shall not be charged against funds appropriated for indigent defense services.
(7) Prior to the entry of an order, the court on its own motion or on the motion of a party may take testimony from or confer with the child or children of the marriage and may exclude from the conference the parents and other persons if the court finds that such action would be likely to be in the best interests of the child or children. However, the court shall permit an attorney for each party to attend the conference and question the child, and the conference shall be reported.
SECTION 122. ORS 107.425, as amended by section 6c, chapter 873, Oregon Laws 2001, is amended to read:
107.425. (1) In suits or proceedings described in subsection (4) of this section in which there are minor children involved, the court may cause an investigation to be made as to the character, family relations, past conduct, earning ability and financial worth of the parties for the purpose of protecting the children’s future interest. The court may defer the entry of a [final] general judgment until the court is satisfied that its judgment in such suit or proceeding will properly protect the welfare of such children. The investigative findings shall be offered as and subject to all rules of evidence. Costs of the investigation may be charged against one or more of the parties or as a cost in the proceedings but shall not be charged against funds appropriated for public defense services.
(2) The court, on its own motion or on the motion of a party, may order an independent physical, psychological, psychiatric or mental health examination of a party or the children and may require any party and the children to be interviewed, evaluated and tested by an expert or panel of experts. The court may also authorize the expert or panel of experts to interview other persons and to request other persons to make available to the expert or panel of experts records deemed by the court or the expert or panel of experts to be relevant to the evaluation. The court may order the parties to authorize the disclosure of such records. In the event the parties are unable to stipulate to the selection of an expert or panel of experts to conduct the examination or evaluation, the court shall appoint a qualified expert or panel of experts. The court shall direct one or more of the parties to pay for the examination or evaluation in the absence of an agreement between the parties as to the responsibility for payment but shall not direct that the expenses be charged against funds appropriated for public defense services. If more than one party is directed to pay, the court may determine the amount that each party will pay based on financial ability.
(3)(a) In addition to an investigation, examination or evaluation under subsections (1) and (2) of this section, the court may appoint an individual or a panel or may designate a program to assist the court in creating parenting plans or resolving disputes regarding parenting time and to assist parents in creating and implementing parenting plans. The services provided to the court and to parents under this section may include:
(A) Gathering information;
(B) Monitoring compliance with court orders;
(C) Providing the parents, their attorneys, if any, and the court with recommendations for new or modified parenting time provisions; and
(D) Providing parents with problem solving, conflict management and parenting time coordination services or other services approved by the court.
(b) Services provided under this section may require the provider to possess and utilize mediation skills, but the services are not comprised exclusively of mediation services under ORS 107.755 to 107.785. If only mediation services are provided, the provisions of ORS 107.755 to 107.785 apply.
(c) The court may order one or more of the parties to pay for services provided under this subsection, if the parties are unable to agree on their respective responsibilities for payment. The court may not order that expenses be charged against funds appropriated for public defense services.
(d) The presiding judge of each judicial district shall establish qualifications for the appointment and training of individuals and panels and the designation of programs under this section. In establishing qualifications, a presiding judge shall take into consideration any guidelines recommended by the statewide family law advisory committee.
(4) The provisions of this section apply when:
(a) A person files a domestic relations suit, as defined in ORS 107.510;
(b) A motion to modify an existing [decree] judgment in a domestic relations suit is before the court;
(c) A parent of a child born out of wedlock initiates a civil proceeding to determine custody or support under ORS 109.103;
(d) A person petitions or files a motion for intervention under ORS 109.119;
(e) A person or state agency files a petition under ORS 109.125 to establish paternity and paternity is established; or
(f) A habeas corpus proceeding is before the court.
(5) Application of the provisions of subsection (1), (2) or (3) of this section to the proceedings under subsection (4) of this section does not prevent initiation, entry or enforcement of an order of support.
(6) The court, on its own motion or on the motion of a party, may appoint counsel for the children. However, if requested to do so by one or more of the children, the court shall appoint counsel for the child or children. A reasonable fee for an attorney so appointed may be charged against one or more of the parties or as a cost in the proceedings but shall not be charged against funds appropriated for public defense services.
(7) Prior to the entry of an order, the court on its own motion or on the motion of a party may take testimony from or confer with the child or children of the marriage and may exclude from the conference the parents and other persons if the court finds that such action would be likely to be in the best interests of the child or children. However, the court shall permit an attorney for each party to attend the conference and question the child, and the conference shall be reported.
SECTION 123. ORS 107.431, as amended by section 5, chapter 116, Oregon Laws 2003 (Enrolled House Bill 2277), is amended to read:
107.431. (1) At any time after a [decree] judgment of annulment or dissolution of a marriage or a separation is granted, the court may set aside, alter or modify so much of the [decree] judgment relating to parenting time with a minor child as it deems just and proper or may terminate or modify that part of the order or [decree] judgment requiring payment of money for the support of the minor child with whom parenting time is being denied after:
(a) Motion to set aside, alter or modify is made by the parent having parenting time rights;
(b) Service of notice on the parent or other person having custody of the minor child is made in the manner provided by law for service of a summons;
(c) Service of notice on the Administrator of the Division of Child Support of the Department of Justice when the child support rights of one of the parties or of a child of both of the parties have been assigned to the state. As an alternative to the service of notice on the administrator, service may be made upon the branch office of the division which provides service to the county in which the motion was filed. Service may be accomplished by personal delivery or first class mail; and
(d) A showing that the parent or other person having custody of the child or a person acting in that parent or other person’s behalf has interfered with or denied without good cause the exercise of the parent’s parenting time rights.
(2) When a party moves to set aside, alter or modify the child support provisions of the [decree] judgment:
(a) The party shall state in the motion, to the extent known:
(A) Whether there is pending in this state or any other jurisdiction any type of support proceeding involving the child, including a proceeding brought under ORS 25.287, 107.135, 109.100, 125.025, 416.400 to 416.470, 419B.400 or 419C.590 or ORS chapter 110; and
(B) Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.303, involving the child, other than the [decree] judgment the party is moving to set aside, alter or modify.
(b) The party shall include with the motion a certificate regarding any pending support proceeding and any existing support order other than the [decree] judgment the party is moving to set aside, alter or modify. The party shall use a certificate that is in a form established by court rule and include information required by court rule and paragraph (a) of this subsection.
(3) The court may request the appearance of the administrator in any proceeding under this section in which it finds that the child support rights of one of the parties or of a child of both of the parties have been assigned to the state.
(4) This section does not apply when the child to whom a duty of support is owed is in another state that has enacted the Uniform Child Custody Jurisdiction Act or the Uniform Child Custody Jurisdiction and Enforcement Act and a court in that state would have subject matter and personal jurisdiction under that Act to determine custody and parenting time rights.
SECTION 124. ORS 107.445 is amended to read:
107.445. In any proceeding brought under ORS 107.095, 108.110 and 108.120, and in any contempt proceeding in any suit for marital annulment, dissolution or separation, the court may [make an order] render a judgment awarding to a party, or directly to the party’s attorney, a sum of money determined to be reasonable as an attorney fee at trial and on appeal therein. When a district attorney initiates or prosecutes a proceeding pursuant to ORS 33.015 to 33.155 for enforcement of a restraining order issued under ORS 107.716, 107.718, 124.015 or 124.020 or for enforcement of a support order, the court may [order] enter a judgment for a reasonable attorney fee to be paid by the respondent to the county in which the district attorney holds office. [The order shall be entered and docketed as a judgment, and execution may issue thereon in the same manner and with like effect as upon a final decree.] A judgment so [ordered or decreed] entered is enforceable by the party or attorney in whose favor the [order is issued] judgment is given against property of the other party or against any property held jointly or in common between the parties.
SECTION 125. ORS 107.449 is amended to read:
107.449. (1) Upon motion of a party to a proceeding under ORS 107.135 (1) that is not otherwise covered under the provisions of ORS 25.100 (1), based upon convenience of the parties, the court that has entered the original judgment [or decree] may order that the matter be transferred to an auxiliary circuit court where either party resides for the purpose of hearing the matter.
(2) Upon entry of an order under this section and payment by the moving party of the copying and certification costs, the clerk of the court that ordered the transfer shall transmit certified copies of the files, records and prepared transcripts of testimony in the original proceeding to the clerk of the court receiving the matter. Upon receipt of such certified copies, the circuit court of the county to which such certified copies have been transmitted shall have jurisdiction the same as if it were the court that made and entered the original order or [decree] judgment.
(3) The only court having jurisdiction to modify any provision of the original order or [decree] judgment is the court having original jurisdiction of the cause in which such order or [decree] judgment was entered or the circuit court of the county in which either party resides if that court has received the certified copies referred to in subsection (2) of this section. The provisions of ORS 25.100 (2) to (4) shall apply to all records maintained and orders issued in the auxiliary proceeding.
SECTION 126. ORS 107.455 is amended to read:
107.455. The provisions of law pertaining to separation are not intended to and shall not repeal or affect any existing law pertaining to the granting of a [decree] judgment of dissolution of marriage. The entry of a [decree] judgment of separation under ORS 107.475 shall not be a bar to a suit for dissolution by either party. [No] A decree or judgment of dissolution of marriage granted by a court of this or any other state upon constructive service of summons [shall] does not affect an award of support or maintenance in a [decree] judgment of separation made pursuant to ORS 107.095 or 107.105.
SECTION 127. ORS 107.465 is amended to read:
107.465. (1) Upon motion of a party for an order to show cause why a [decree] judgment of separation should not be converted to a [decree] judgment of dissolution and after service of notice to the other party at least 30 days before the scheduled hearing, the court may, within two years after the entry of a [decree] judgment of separation, convert a [decree] judgment of separation into a [decree] judgment of dissolution of the marriage. The other party may file a written consent to conversion and waiver of the hearing at any time before the hearing. [Any] A supplemental [decree] judgment of dissolution [shall] entered under this section does not set aside, alter or modify any part of the [decree] judgment of separation that has created or granted rights that have vested.
(2) Nothing in this section is intended to prevent either party to a [decree] judgment of separation from commencing at any time in the manner required by law a suit for dissolution of the marriage.
SECTION 128. ORS 107.475 is amended to read:
107.475. The court shall determine and fix in its [decree] judgment the duration of the separation. At the expiration of such time, the [decree] judgment shall have no further effect. However, no rights created or granted in the [decree] judgment which have vested shall be affected by its termination. Upon motion of a party and service upon the other party of notice in the manner provided by law for service of summons, the court may renew or extend the duration. When the [decree] judgment is for unlimited separation, a party may by motion alleging that the cause for separation no longer exists and after due service of notice upon the other party in the manner provided by law for service of summons, apply for an order modifying or vacating the [decree] judgment, subject to the provisions of ORS 107.135.
SECTION 129. ORS 107.500 is amended to read:
107.500. Each circuit court shall make available with appropriate forms an instructional brochure prescribed by the State Court Administrator and describing the procedures set forth in this section and ORS 107.485 and 107.490. The content of the forms used pursuant to this section and ORS 107.485 and 107.490 shall be substantially as follows:
______________________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF _________
In the Matter of )
the Marriage of )
) No.______
___________, )
Petitioner, ) PETITION FOR
) SUMMARY
) DISSOLUTION
and ) OF MARRIAGE
)
___________, )
Respondent. )
)
1. (________, Petitioner,) (________, Respondent,) has been a resident of Oregon continuously for the past six months before filing this petition.
2. Statistical Facts:
a. Date of marriage:
____________________
b. Place of marriage:
____________________
c. Wife’s address:
____________________
d. Wife’s maiden name:
____________________
e. Wife’s former legal names:
____________________
f. Wife’s age:
____________________
g. Wife’s social security number:
____________________
h. Husband’s address:
____________________
i. Husband’s former legal names:
____________________
j. Husband’s age:
____________________
k. Husband’s social security number:
____________________
3. My spouse and I have not been married more than 10 years.
4. Petitioner does not know of any pending (not yet decided by a judge) domestic relations suits involving this marriage in this or any other state.
5. There are no minor children born to the parties or born during the marriage. There are no adopted minor children. The wife is not now pregnant.
6. Petitioner requests a dissolution because irreconcilable differences between the parties have caused the irremediable breakdown of the marriage.
7. The personal property of the parties is not worth more than $30,000. Petitioner requests that the Court divide the property as follows:
(a) The wife should be awarded the following personal property:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
Additional pages have been attached and labeled “7a. continued.”
(b) The husband should be awarded the following personal property:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
Additional pages have been attached and labeled “7b. continued.”
(c) The husband and wife should each sign any documents necessary to remove his or her name as owner of personal property awarded to the other party.
8. Neither the husband nor the wife own any real property.
9. The debts incurred by the husband and wife together or separately from the date of the marriage are not greater than $15,000.
Petitioner requests the following division of debts:
(a) The wife be required to pay the debts listed below. The husband is awarded a judgment against the wife in the sum of $_______. The wife can satisfy this judgment by paying off the following debts:
Name of Creditor Amount Owed
_____________ __________
_____________ __________
_____________ __________
_____________ __________
(b) The husband be required to pay the debts listed below. The wife is awarded a judgment against the husband in the sum of $_______. The husband can satisfy the judgment by paying off the following debts:
Name of Creditor Amount Owed
_____________ __________
_____________ __________
_____________ __________
_____________ __________
10. I relinquish all rights I may have to spousal support and waive any right to pendente lite orders (temporary orders) except those pursuant to ORS 107.700 to 107.732 (the Family Abuse Prevention Act) or 124.005 to 124.040 (the Elderly and Disabled Person Abuse Prevention Act).
(Complete only if petitioner is paying fees and wants reimbursement from spouse or if fees are being deferred for the petitioner.)
11. (a) If petitioner has paid court costs and service fees, petitioner requests that costs and fees paid by petitioner be repaid by respondent spouse, ________, and that a judgment in the amount of such costs and fees be entered in favor of petitioner, ________, in the amount of $_______.
(b) If fees are being deferred for petitioner:
Petitioner requests that judgment be entered against
(_____________, Petitioner)
(_____________, Respondent) in favor of the state in the amount of $_______.
12. Petitioner requests that:
wife’s legal name be restored to
___________________
husband’s legal name be restored to
___________________
_________________
(Petitioner’s signature)
Address:
_________________
_________________
_________________
Telephone:____________
______________________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ______
In the Matter of )
the Marriage of )
) No.______
___________, )
Petitioner, ) SUMMONS FOR SUMMARY
) DISSOLUTION
) Marriage Dissolution Suit
and )
)
___________, )
Respondent. )
)
TO: Name of Respondent
___________________
Address of Respondent
___________________
__________, Oregon
YOU HAVE BEEN SUED. The court may decide against you without your being heard unless you respond within 30 days of the day you received these papers. Read the information below.
NOTICE TO RESPONDENT:
READ THESE PAPERS CAREFULLY
Your spouse has filed a petition with the court to end your marriage and asking to divide your property and debts, if any. You must “appear” in this case or the court will grant your spouse’s requests. To “appear,” you must file with the court a legal paper called a “motion” or “answer.” The “motion” or “answer” must be given to the Court Clerk or Administrator at: (location) _________within 30 days of the day you received these papers, along with the required filing fee. The “motion” or “answer” must be in proper form and you must show that your spouse has been served with a copy of it.
_________________
Name of Petitioner
_________________
Address of Petitioner
_________________
City/State/Zip Code
Important Information about Respondent (A recent photo may be attached in addition to the requested information.)
Height:_______________
Weight:_______________
Race:_______________
Date of Birth:____________
Automobile license number and description:
___________________________
Other identifying information:
___________________________
Best time and place to locate:
___________________________
______________________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ______
In the Matter of )
the Marriage of )
) No.______
___________, )
Petitioner, ) AFFIDAVIT OF PROOF
) OF SERVICE
)
and )
)
___________, )
Respondent. )
)
STATE OF OREGON )
) ss.
County of )
I, ___________________, swear/affirm under oath that:
I am a resident of the State of Oregon. I am a competent person over 18 years of age. I am not an attorney for or a party to this case, or an officer, director or employee of any party to this case. On the ___ day of ________, 2____, I served the Summons and Petition in this case personally upon the above named respondent in ________ County by delivering to the respondent a copy of those papers, each of which was certified to be a true copy of each original.
________________________
Signature of ____________
SUBSCRIBED AND SWORN TO before me this ___ day of ________, 2___.
_______________________
NOTARY PUBLIC FOR OREGON
My Commission Expires: ________
______________________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ___________
In the Matter of )
the Marriage of )
) No.______
___________, )
Petitioner, ) MOTION AND ORDER FOR
) WAIVER OF FEES
)
and )
)
___________, )
Respondent. )
)
Petitioner moves the Court for an order waiving payment of filing fees, service fees, and other costs.
_______________
Petitioner
POINTS AND AUTHORITIES
ORS 21.605; the Court shall waive all fees and costs if the Court finds that the party is unable to pay such fees and costs.
ORDER
IT IS SO ORDERED.
DATED: This ____ day of _______, 2____.
____________________
COURT
______________________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ___________
In the Matter of )
the Marriage of )
) No.______
___________, )
Petitioner, ) AFFIDAVIT FOR
) WAIVER OF
and ) FEES AND COSTS
)
___________, )
Respondent. )
)
STATE OF OREGON )
) ss.
County of )
I, ______________, being first duly sworn upon oath, depose and declare that I am the petitioner for a [Decree] Judgment of Summary Dissolution and am unable to pay necessary filing fees, service fees and court costs. My total monthly income from all sources is $_____. I have $_____ as assets and $_____ as savings. I support ___ people. My monthly expenses are $___ housing, $___ food, $___ utilities, $___ transportation, $___ laundry, cleaning and personal requirements, $___ medical expenses, $___ clothing, $___ telephone, $___ total installment payments, $___ other expenses, for total monthly expenses of $_____.
______________________
Signature of ____________
SUBSCRIBED AND SWORN TO before me this _____ day of ________, 2___.
_______________________
NOTARY PUBLIC FOR OREGON
My Commission Expires _________
______________________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ___________
In the Matter of )
the Marriage of )
) No.______
___________, )
Petitioner, ) PETITIONER’S
) AFFIDAVIT, MOTION
) AND ORDER FOR
and ) DEFAULT [DECREE] JUDGMENT
) OF DISSOLUTION
)
___________, )
Respondent. )
)
STATE OF OREGON )
) ss.
County of )
I, ___, swear/affirm under oath that:
I am the Petitioner. The Respondent is not now nor was at the time of the commencement of this suit in the military service of the United States; nor is the Respondent a legally mentally incapacitated person; nor is the Respondent under 18 years of age.
The Respondent was served with Summons and Petition for Dissolution on the ___ day of ________, 2___, in ________ County, Oregon, and has failed to answer or appear.
_________________
Petitioner
SUBSCRIBED AND SWORN TO before me this __ day of ________, 2___.
_______________________
NOTARY PUBLIC FOR OREGON
My Commission Expires ________
Petitioner moves the Court for an Order entering the default of Respondent.
_________________
Petitioner
_________________
Address of Petitioner
_________________
City, State Zip
ORDER
IT IS SO ORDERED.
DATED: This ____ day of ________, 2____.
____________________
CIRCUIT COURT JUDGE
______________________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ___________
In the Matter of )
the Marriage of )
) No.______
___________, )
Petitioner, ) [DECREE] JUDGMENT OF
) SUMMARY DISSOLUTION
)
and )
)
___________, )
Respondent. )
)
Statistical Facts:
a. Date of marriage:
____________________
b. Place of marriage:
____________________
c. Wife’s address:
____________________
d. Wife’s maiden name:
____________________
e. Wife’s former legal names:
____________________
f. Wife’s age:
____________________
g. Wife’s social security number:
____________________
h. Husband’s address:
____________________
i. Husband’s former legal names:
____________________
j. Husband’s age:
____________________
k. Husband’s social security number:
____________________
This matter came before the Court for default. Petitioner appeared (in person) (by affidavit), and Respondent did not appear. THE COURT HAS BEEN FULLY ADVISED, AND [THEREFORE IT IS HEREBY DECREED THAT] JUDGMENT IS RENDERED AS FOLLOWS:
1. Dissolution: This marriage is dissolved and shall terminate on ____________.
2. Prior Wills: Any will previously executed by either spouse with provisions in favor of the other spouse is revoked with respect to those provisions, unless the will expresses a different intent.
3. Division of Property: (a) The wife is awarded and shall own by herself the following personal property:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Additional pages have been attached as C-1.
(b) The husband is awarded and shall own by himself the following personal property:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Additional pages have been attached as C-2.
(c) Husband and wife each shall sign any documents necessary to remove his or her name as owner of personal property awarded to the other. If either fails to sign the necessary documents, a certified copy of the [Decree] Judgment shall serve as a conveyance of the property.
4. Payment of Debts: (a) The wife shall pay the debts listed below. The husband is awarded a judgment against the wife in the sum of $_______. The wife can satisfy this judgment by paying the following debts:
Name of Creditor Amount Owed
_____________ __________
_____________ __________
_____________ __________
_____________ __________
Additional pages have been added as D-1.
(b) The husband shall pay the debts listed below. The wife is awarded a judgment against the husband in the sum of $_______. The husband can satisfy the judgment by paying the following debts:
Name of Creditor Amount Owed
_____________ __________
_____________ __________
_____________ __________
_____________ __________
Additional pages have been added as D-2.
5. The wife shall have her former legal name restored. The restored name is: [_____]
____________________.
The husband shall have his former legal name restored. The restored name is: [_____]
____________________.
6. A judgment against (the husband) (the wife) for court costs and service fees in the amount of $____ is awarded to (the husband) (the wife) (this state if fees were waived or deferred).
DATED: This ____ day of _______, 2____.
____________________
CIRCUIT COURT JUDGE
______________________________________________________________________________
SECTION 130. ORS 107.765 is amended to read:
107.765. (1) In a domestic relations suit, where it appears on the face of one or more pleadings, appearances, petitions or motions, including any form of application for the setting aside, alteration or modification of an order or [decree] judgment, that custody, parenting time or visitation of a child is contested, the court may, when appropriate, refer the matter for mediation of the contested issues prior to or concurrent with the setting of the matter for hearing. The purpose of the mediation is to assist the parties in reaching a workable settlement of the contested issues instead of litigating those issues before the court. Unless the court provides for the mediation of financial issues under ORS 107.755 (4), the mediator shall not consider issues of property division or spousal or child support, in connection with the mediation of a dispute concerning child custody, parenting time or visitation, or otherwise, without the written approval of both parties or their counsel.
(2) The mediator shall report to the court and to counsel for the parties the outcome of the mediation at the conclusion of the mediation proceeding. The mediator shall report in writing to the court and to counsel for the parties any agreement reached by the parties as a result of the mediation, and the agreement shall be incorporated in a proposed order or [decree] judgment provision prepared for the court. If the parties do not reach an agreement, the mediator shall report only that fact to the court and to counsel for the parties, but shall not make a recommendation to the court without the written consent of the parties or their counsel.
SECTION 131. ORS 107.820 is amended to read:
107.820. A court order for the payment of spousal or child support whether issued prior to, on or following November 1, 1981, constitutes an insurable interest in the party awarded the right to receive the support. In any case of marital annulment, dissolution or separation, the issue of life insurance shall be determined as follows:
(1) When the [decree] judgment creates an obligation of spousal or child support or awards a share of a pension or retirement plan, the [court] judgment may also [order] require that the obligated party to maintain any existing insurance policies on the life of the obligated spouse and in which the dependent spouse is named as beneficiary. The [court may order] judgment may require that the policies be maintained until the obligation is fulfilled. The premiums may be paid by the obligated spouse, and the court may consider the cost of premiums when determining the obligation. Any life insurance policies on the life of the obligated spouse owned by parties outside of the marriage or purchased and held for purposes clearly outside the marriage relationship are exempt from this subsection.
(2) If the party ordered to pay support or a share of a pension or retirement plan has no life insurance policy naming as beneficiary the party ordered to receive either support or a share of a pension or retirement plan, or if an existing policy is inadequate to cover the obligation, the court in [its decree] a judgment may order that the party ordered to pay shall purchase a life insurance policy naming as beneficiary the party ordered to receive the support or a share of a pension or retirement plan and that the obligated party shall pay premiums on the policy and keep the policy in force until the obligation ends. The obligated spouse has the option of obtaining a nonreducing term life insurance policy or any other type of policy in lieu of using existing policies.
(3) Additionally, the party awarded the right to receive support or a share of a pension or retirement plan may purchase a life insurance policy on the life of the obligated party. In such case the court shall order the obligated party to undergo a physical examination. All rights of policy ownership, including those regarding the extent of coverage, shall be in the party purchasing the policy under this subsection who shall also be responsible for paying the premiums. The provisions of this subsection may be exercised at the time of annulment, dissolution or separation, or at any later time while the obligation continues.
(4) Upon motion of either party, the court shall order a party to renew a life insurance policy allowed to lapse for any reason during the pendency of the suit.
(5) A party who is the beneficiary of any policy under this section upon which the other party is obligated to pay premiums, is entitled, in the event of default by the paying party, to pay the premiums on the policy and to obtain a supplemental judgment for reimbursement of any money so expended. A default in the payment of premiums by the party obligated by the [decree] judgment or order is a contempt of the court.
(6) Life insurance retained or purchased by an obligor under subsection (1) or (2) of this section for the purpose of protecting the support, pension or retirement plan obligation shall not be reduced by loans or any other means of reduction until the obligation has been fulfilled. The obligee or the attorney of the obligee shall cause a certified copy of the [decree] judgment to be delivered to the life insurance company or companies. If the obligee or the attorney of the obligee delivers a true copy of the [decree] judgment to the life insurance company or companies, identifying the policies involved and requesting such notification under this section, the company or companies shall notify the obligee, as beneficiary of the insurance policy, whenever the policyholder takes any action that will change the beneficiary or reduce the benefits of the policy. Either party may request notification by the insurer when premium payments have not been made. If the obligor is ordered to provide for and maintain life insurance, the obligor shall provide to the obligee a true copy of the policy. The obligor shall also provide to the obligee written notice of any action that will reduce the benefits or change the designation of the beneficiaries under the policy.
SECTION 132. ORS 107.835 is amended to read:
107.835. (1) When any court enters a [decree] judgment, order or modification of any [decree] judgment or order under ORS chapter 25, 107, 108, 109, 110 or 416, the court shall allow any party to the [decree] judgment or order to include in the [decree] judgment or order a waiver of personal service in a subsequent contempt proceeding. The content of the waiver shall be substantially as follows:
______________________________________________________________________________
In order to maintain the confidentiality of my residential address, I hereby waive my right to personal service if I am subsequently charged with contempt. I am giving the following contact address for service of process and select the following method of substituted service:
( ) Mailing address:_____ ________
( ) Business address:____ _________
( ) Specified agent:_____ ________
Signed:_____ ________
______________________________________________________________________________
(2) Any time after a party has waived personal service under subsection (1) of this section, the party may file an amended waiver in substantially the same form designating a different method of substituted service or a different address for substituted service. The party must give notice of the amendment to all other parties.
SECTION 133. ORS 108.120 is amended to read:
108.120. (1) After the hearing of the petition for an order of support, the court shall make an order granting or denying it and fixing, if allowed, the terms and amount of the support.
(2) The court has the same power to compel the attendance of witnesses or the production of testimony as in actions and suits, to make such [decree] judgment or orders as are equitable in view of the circumstances of both parties and to punish violations thereof as other contempts are punished.
(3) The [decree] judgment or order is [a final judgment] final as to any installment or payment of money which has accrued up to the time either party makes a motion to set aside, alter or modify the [decree] judgment or order, and the court does not have the power to set aside, alter or modify such [decree] judgment or order, or any portion thereof, which provides for any payment of money, either for minor children or the support of a party, which has accrued prior to the filing of such motion. However, the court may allow a credit against child support arrearages for periods of time, excluding reasonable parenting time unless otherwise provided by order or [decree] judgment, during which the obligated parent has physical custody of the child with the knowledge and consent of the custodial parent.
SECTION 133a. If House Bill 2111 becomes law, section 133 of this 2003 Act (amending ORS 108.120) is repealed and ORS 108.120, as amended by section 2, chapter 419, Oregon Laws 2003 (Enrolled House Bill 2111), is amended to read:
108.120. (1) After the hearing of the petition for an order of support the court shall make an order granting or denying it and fixing, if allowed, the terms and amount of the support.
(2) The court has the same power to compel the attendance of witnesses or the production of testimony as in actions and suits, to make such [decree] judgment or orders as are equitable in view of the circumstances of both parties and to punish violations thereof as other contempts are punished.
(3) The [decree] judgment or order is [a final judgment] final as to any installment or payment of money that has accrued up to the time the nonmoving party, other than the state, is served with a motion to set aside, alter or modify the [decree] judgment or order. The court may not set aside, alter or modify any portion of the [decree] judgment or order that provides for any payment of money, either for minor children or for the support of a party, that has accrued before the motion is served. However, the court may allow a credit against child support arrearages for periods of time, excluding reasonable parenting time unless otherwise provided by order or [decree] judgment, during which the obligor, with the knowledge and consent of the obligee or pursuant to court order, has physical custody of the child.
SECTION 134. ORS 109.041 is amended to read:
109.041. (1) The effect of a [decree] judgment of adoption heretofore or hereafter granted by a court of this state shall be that the relationship, rights and obligations between an adopted person and the descendants of the adopted person and
(a) The adoptive parents of the adopted person, their descendants and kindred, and
(b) The natural parents of the adopted person, their descendants and kindred
shall be the same to all legal intents and purposes after the entry of such [decree] judgment as if the adopted person had been born in lawful wedlock to the adoptive parents and had not been born to the natural parents.
(2) [Where] When a person has been or shall be adopted in this state by a stepparent, this section shall leave unchanged the relationship, rights and obligations between such adopted person and descendants of the adopted person and natural parent of the adopted person, who is the spouse of the person who adopted the person, and the descendants and kindred of such natural parent.
SECTION 135. ORS 109.053 is amended to read:
109.053. (1) The expenses of the family and the education of minor children, including stepchildren, are chargeable upon the property of both husband and wife, or either of them. However, with regard to stepchildren, the obligation shall cease upon entry of a [decree] judgment of dissolution.
(2) As used in this section, “stepchild” means a child under the age of 18, or a child attending school as defined in ORS 107.108 who is in the custody of one biological or adoptive parent who is married to and not legally separated from a person other than the second biological or adoptive parent of such child.
(3) Notwithstanding subsection (1) of this section, the legal duty of a parent to provide support for a child, as otherwise required by law, shall not be affected.
SECTION 136. ORS 109.070 is amended to read:
109.070. (1) The paternity of a person may be established as follows:
(a) The child of a wife cohabiting with her husband who was not impotent or sterile at the time of the conception of the child shall be conclusively presumed to be the child of her husband, whether or not the marriage of the husband and wife may be void.
(b) A child born in wedlock, there being no [decree] judgment of separation from bed or board, shall be presumed to be the child of the mother’s husband, whether or not the marriage of the husband and wife may be void. This shall be a disputable presumption.
(c) By the marriage of the parents of a child after birth of the child.
(d) By filiation proceedings.
(e) By filing with the State Registrar of the Center for Health Statistics the voluntary acknowledgment of paternity form as provided for by ORS 432.287. Except as otherwise provided in subsection (2) of this section, this filing establishes paternity for all purposes.
(f) By having established paternity through a voluntary acknowledgment of paternity process in another state.
(g) By paternity being established or declared by other provision of law.
(2)(a) A party to a voluntary acknowledgment of paternity may rescind the acknowledgment within the earlier of:
(A) Sixty days after filing the voluntary acknowledgment of paternity; or
(B) The date of a proceeding relating to the child, including a proceeding to establish a support order, in which the party wishing to rescind the acknowledgment is also a party to the proceeding. For the purposes of this subparagraph, the date of a proceeding is the date on which an order is entered in the proceeding.
(b)(A) A signed voluntary acknowledgment of paternity filed in this state may be challenged:
(i) At any time after the 60-day period on the basis of fraud, duress or material mistake of fact. The party bringing the challenge has the burden of proof.
(ii) Within one year after the voluntary acknowledgment has been filed, unless the provisions of paragraph (c) of this subsection apply. No challenge to the voluntary acknowledgment may be allowed more than one year after the voluntary acknowledgment has been filed, unless the provisions of sub-subparagraph (i) of this subparagraph apply.
(B) Legal responsibilities arising from the voluntary acknowledgment of paternity, including child support obligations, may not be suspended during the challenge, except for good cause.
(c) No later than one year after a voluntary acknowledgment of paternity form is filed in this state and if genetic parentage tests have not been previously completed, a party to the acknowledgment or the state, if child support enforcement services are being provided under ORS 25.080, may apply to the court or to the administrator, as defined in ORS 25.010, for an order requiring that the parties and the child submit to genetic parentage tests.
(d) If the results of the tests exclude the male party as a possible father of the child, a party or the state, if child support enforcement services are being provided under ORS 25.080, may apply to the court for an order of nonpaternity. Upon receipt of an order of nonpaternity, the Director of Human Services shall correct any records maintained by the State Registrar of the Center for Health Statistics that indicate that the male party is the parent of the child.
(e) The state child support program shall pay any costs for genetic parentage tests subject to recovery from the party who requested the tests.
SECTION 137. ORS 109.096 is amended to read:
109.096. (1) When the paternity of a child has not been established under ORS 109.070, the putative father shall be entitled to reasonable notice in adoption, juvenile court, or other court proceedings concerning the custody of the child if the petitioner knows, or by the exercise of ordinary diligence should have known:
(a) That the child resided with the putative father at any time during the 60 days immediately preceding the initiation of the proceeding, or at any time since the child’s birth if the child is less than 60 days old when the proceeding is initiated; or
(b) That the putative father repeatedly has contributed or tried to contribute to the support of the child during the year immediately preceding the initiation of the proceeding, or during the period since the child’s birth if the child is less than one year old when the proceeding is initiated.
(2) Except as provided in subsection (3) or (4) of this section, a verified statement of the mother of the child or of the petitioner, or an affidavit of another person with knowledge of the facts, filed in the proceeding and asserting that the child has not resided with the putative father, as provided in subsection (1)(a) of this section, and that the putative father has not contributed or tried to contribute to the support of the child, as provided in subsection (1)(b) of this section, shall be sufficient proof to enable the court to grant the relief sought without notice to the putative father.
(3) The putative father shall be entitled to reasonable notice in a proceeding for the adoption of the child if notice of the initiation of filiation proceedings as required by ORS 109.225 was on file with the Center for Health Statistics of the Department of Human Services prior to the child’s being placed in the physical custody of a person or persons for the purpose of adoption by them. If the notice of the initiation of filiation proceedings was not on file at the time of the placement, the putative father shall be barred from contesting the adoption proceeding.
(4) Except as otherwise provided in subsection (3) of this section, the putative father shall be entitled to reasonable notice in juvenile court or other court proceedings if notice of the initiation of filiation proceedings as required by ORS 109.225 was on file with the Center for Health Statistics prior to the initiation of the juvenile court or other court proceedings.
(5) Notice under this section shall not be required to be given to a putative father who was a party to filiation proceedings under ORS 109.125 which either were dismissed or resulted in a finding that he was not the father of the child.
(6) The notice required under this section shall be given in the manner provided in ORS 109.330.
(7) No notice given under this section need disclose the name of the mother of the child.
(8) A putative father has the primary responsibility to protect his rights, and nothing in this section shall be used to set aside an act of a permanent nature including, but not limited to, adoption or termination of parental rights, unless the father establishes within one year after the entry of the final [decree] judgment or order fraud on the part of a petitioner in the proceeding with respect to matters specified in subsections (1) to (5) of this section.
SECTION 138. ORS 109.119 is amended to read:
109.119. (1) Any person, including but not limited to a related or nonrelated foster parent, stepparent, grandparent or relative by blood or marriage, who has established emotional ties creating a child-parent relationship or an ongoing personal relationship with a child may petition or file a motion for intervention with the court having jurisdiction over the custody, placement, guardianship or wardship of that child, or if no such proceedings are pending, may petition the court for the county in which the child resides, for an order providing for relief under subsection (3) of this section.
(2)(a) In any proceeding under this section, there is a presumption that the legal parent acts in the best interest of the child.
(b) In an order granting relief under this section, the court shall include findings of fact supporting the rebuttal of the presumption described in paragraph (a) of this subsection.
(c) The presumption described in paragraph (a) of this subsection does not apply in a proceeding to modify an order granting relief under this section.
(3)(a) If the court determines that a child-parent relationship exists and if the court determines that the presumption described in subsection (2)(a) of this section has been rebutted by a preponderance of the evidence, the court shall grant custody, guardianship, right of visitation or other right to the person having the child-parent relationship, if to do so is in the best interest of the child. The court may determine temporary custody of the child or temporary visitation rights under this paragraph pending a final order.
(b) If the court determines that an ongoing personal relationship exists and if the court determines that the presumption described in subsection (2)(a) of this section has been rebutted by clear and convincing evidence, the court shall grant visitation or contact rights to the person having the ongoing personal relationship, if to do so is in the best interest of the child. The court may order temporary visitation or contact rights under this paragraph pending a final order.
(4)(a) In deciding whether the presumption described in subsection (2)(a) of this section has been rebutted and whether to award visitation or contact rights over the objection of the legal parent, the court may consider factors including, but not limited to, the following, which may be shown by the evidence:
(A) The petitioner or intervenor is or recently has been the child’s primary caretaker;
(B) Circumstances detrimental to the child exist if relief is denied;
(C) The legal parent has fostered, encouraged or consented to the relationship between the child and the petitioner or intervenor;
(D) Granting relief would not substantially interfere with the custodial relationship; or
(E) The legal parent has unreasonably denied or limited contact between the child and the petitioner or intervenor.
(b) In deciding whether the presumption described in subsection (2)(a) of this section has been rebutted and whether to award custody, guardianship or other rights over the objection of the legal parent, the court may consider factors including, but not limited to, the following, which may be shown by the evidence:
(A) The legal parent is unwilling or unable to care adequately for the child;
(B) The petitioner or intervenor is or recently has been the child’s primary caretaker;
(C) Circumstances detrimental to the child exist if relief is denied;
(D) The legal parent has fostered, encouraged or consented to the relationship between the child and the petitioner or intervenor; or
(E) The legal parent has unreasonably denied or limited contact between the child and the petitioner or intervenor.
(5) In addition to the other rights granted under this section, a stepparent with a child-parent relationship who is a party in a dissolution proceeding may petition the court having jurisdiction for custody or visitation under this section or may petition the court for the county in which the child resides for adoption of the child. The stepparent may also file for [post decree] post-judgment modification of a [decree] judgment relating to child custody.
(6)(a) A motion for intervention filed under this section shall comply with ORCP 33 and state the grounds for relief under this section.
(b)(A) A motion for intervention filed under ORS 419B.875 by a person other than a grandparent may be denied or a petition may be dismissed on the motion of any party or on the court’s own motion if the petition does not state a prima facie case of emotional ties creating a child-parent relationship or ongoing personal relationship or does not allege facts that the intervention is in the best interest of the child.
(B) A motion for intervention filed under ORS 419B.875 by a grandparent may be granted upon a finding by clear and convincing evidence that the intervention is in the best interests of the child.
(c) Costs for the representation of an intervenor under this section or ORS 419B.875 may not be charged against funds appropriated for indigent defense services.
(7) In a proceeding under this section, the court may:
(a) Cause an investigation, examination or evaluation to be made under ORS 107.425 or may appoint an individual or a panel or may designate a program to assist the court in creating parenting plans or resolving disputes regarding parenting time and to assist the parties in creating and implementing parenting plans under ORS 107.425 (3).
(b) Assess against a party reasonable attorney fees and costs for the benefit of another party.
(8) As used in this section:
(a) “Child-parent relationship” means a relationship that exists or did exist, in whole or in part, within the six months preceding the filing of an action under this section, and in which relationship a person having physical custody of a child or residing in the same household as the child supplied, or otherwise made available to the child, food, clothing, shelter and incidental necessaries and provided the child with necessary care, education and discipline, and which relationship continued on a day-to-day basis, through interaction, companionship, interplay and mutuality, that fulfilled the child’s psychological needs for a parent as well as the child’s physical needs. However, a relationship between a child and a person who is the nonrelated foster parent of the child is not a child-parent relationship under this section unless the relationship continued over a period exceeding 12 months.
(b) “Circumstances detrimental to the child” includes but is not limited to circumstances that may cause psychological, emotional or physical harm to a child.
(c) “Grandparent” means the legal parent of the child’s legal parent.
(d) “Legal parent” means a parent as defined in ORS 419A.004 whose rights have not been terminated under ORS 419B.500 to 419B.524.
(e) “Ongoing personal relationship” means a relationship with substantial continuity for at least one year, through interaction, companionship, interplay and mutuality.
SECTION 139. ORS 109.119, as amended by section 1e, chapter 873, Oregon Laws 2001, is amended to read:
109.119. (1) Any person, including but not limited to a related or nonrelated foster parent, stepparent, grandparent or relative by blood or marriage, who has established emotional ties creating a child-parent relationship or an ongoing personal relationship with a child may petition or file a motion for intervention with the court having jurisdiction over the custody, placement, guardianship or wardship of that child, or if no such proceedings are pending, may petition the court for the county in which the child resides, for an order providing for relief under subsection (3) of this section.
(2)(a) In any proceeding under this section, there is a presumption that the legal parent acts in the best interest of the child.
(b) In an order granting relief under this section, the court shall include findings of fact supporting the rebuttal of the presumption described in paragraph (a) of this subsection.
(c) The presumption described in paragraph (a) of this subsection does not apply in a proceeding to modify an order granting relief under this section.
(3)(a) If the court determines that a child-parent relationship exists and if the court determines that the presumption described in subsection (2)(a) of this section has been rebutted by a preponderance of the evidence, the court shall grant custody, guardianship, right of visitation or other right to the person having the child-parent relationship, if to do so is in the best interest of the child. The court may determine temporary custody of the child or temporary visitation rights under this paragraph pending a final order.
(b) If the court determines that an ongoing personal relationship exists and if the court determines that the presumption described in subsection (2)(a) of this section has been rebutted by clear and convincing evidence, the court shall grant visitation or contact rights to the person having the ongoing personal relationship, if to do so is in the best interest of the child. The court may order temporary visitation or contact rights under this paragraph pending a final order.
(4)(a) In deciding whether the presumption described in subsection (2)(a) of this section has been rebutted and whether to award visitation or contact rights over the objection of the legal parent, the court may consider factors including, but not limited to, the following, which may be shown by the evidence:
(A) The petitioner or intervenor is or recently has been the child’s primary caretaker;
(B) Circumstances detrimental to the child exist if relief is denied;
(C) The legal parent has fostered, encouraged or consented to the relationship between the child and the petitioner or intervenor;
(D) Granting relief would not substantially interfere with the custodial relationship; or
(E) The legal parent has unreasonably denied or limited contact between the child and the petitioner or intervenor.
(b) In deciding whether the presumption described in subsection (2)(a) of this section has been rebutted and whether to award custody, guardianship or other rights over the objection of the legal parent, the court may consider factors including, but not limited to, the following, which may be shown by the evidence:
(A) The legal parent is unwilling or unable to care adequately for the child;
(B) The petitioner or intervenor is or recently has been the child’s primary caretaker;
(C) Circumstances detrimental to the child exist if relief is denied;
(D) The legal parent has fostered, encouraged or consented to the relationship between the child and the petitioner or intervenor; or
(E) The legal parent has unreasonably denied or limited contact between the child and the petitioner or intervenor.
(5) In addition to the other rights granted under this section, a stepparent with a child-parent relationship who is a party in a dissolution proceeding may petition the court having jurisdiction for custody or visitation under this section or may petition the court for the county in which the child resides for adoption of the child. The stepparent may also file for [post decree] post-judgment modification of a [decree] judgment relating to child custody.
(6)(a) A motion for intervention filed under this section shall comply with ORCP 33 and state the grounds for relief under this section.
(b)(A) A motion for intervention filed under ORS 419B.875 by a person other than a grandparent may be denied or a petition may be dismissed on the motion of any party or on the court’s own motion if the petition does not state a prima facie case of emotional ties creating a child-parent relationship or ongoing personal relationship or does not allege facts that the intervention is in the best interest of the child.
(B) A motion for intervention filed under ORS 419B.875 by a grandparent may be granted upon a finding by clear and convincing evidence that the intervention is in the best interests of the child.
(c) Costs for the representation of an intervenor under this section or ORS 419B.875 may not be charged against funds appropriated for public defense services.
(7) In a proceeding under this section, the court may:
(a) Cause an investigation, examination or evaluation to be made under ORS 107.425 or may appoint an individual or a panel or may designate a program to assist the court in creating parenting plans or resolving disputes regarding parenting time and to assist the parties in creating and implementing parenting plans under ORS 107.425 (3).
(b) Assess against a party reasonable attorney fees and costs for the benefit of another party.
(8) As used in this section:
(a) “Child-parent relationship” means a relationship that exists or did exist, in whole or in part, within the six months preceding the filing of an action under this section, and in which relationship a person having physical custody of a child or residing in the same household as the child supplied, or otherwise made available to the child, food, clothing, shelter and incidental necessaries and provided the child with necessary care, education and discipline, and which relationship continued on a day-to-day basis, through interaction, companionship, interplay and mutuality, that fulfilled the child’s psychological needs for a parent as well as the child’s physical needs. However, a relationship between a child and a person who is the nonrelated foster parent of the child is not a child-parent relationship under this section unless the relat