74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1047
A-Engrossed
Senate Bill 279
Ordered by the House June 11
Including House Amendments dated June 11
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Judiciary)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
{ - Repeals obsolete provision relating to jury trials in
county courts. - }
{ + Authorizes Chief Justice of Supreme Court to impose fee
of $50 on party filing motion in civil proceeding. Requires
responding party to file fee of $35 if Chief Justice imposes fee
on party filing motion. Exempts motions for voluntary dismissal,
motions for judgment by written stipulation, motions for entry of
default judgment and motions made to arbitrator or mediator.
Requires fees to be deposited into Judicial Department Operating
Account. Exempts state, county, city or school district from
fees. Applies to motions filed on or after September 1, 2007.
Increases collection fees on monetary obligations owed to court
or judicial branch for debtor account establishment and
administration. Provides for deposit of fees. Applies to
judgments entered on or after September 1, 2007.
Declares emergency, effective on passage. + }
A BILL FOR AN ACT
Relating to courts; creating new provisions; amending ORS 1.202
and 18.999; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2007 Act is added to and made
a part of ORS chapter 21. + }
SECTION 2. { + (1) In any action, suit or proceeding subject
to a fee under ORS 21.110, or in any civil appeal or petition
subject to a fee under ORS 21.010, the Chief Justice of the
Supreme Court may require that a $50 fee be paid at the time of
filing a motion identified by the Chief Justice as being subject
to a fee under this section. If the Chief Justice has identified
a motion as being subject to a fee under this section, the
responding party must file a fee of $35 upon the filing of a
response to the motion. The Chief Justice by order shall identify
motions that are subject to fees under this section. All amounts
collected as fees under this section shall be deposited into the
Judicial Department Operating Account established under ORS
1.009.
(2) The fees provided for in this section may not be collected
from the state, a county, a city or a school district.
(3) The fees provided for in this section may not be collected
for motions for judgment by voluntary dismissal under ORCP 54
A(1), for motions for judgment by written stipulation under ORCP
67 F or for motions for entry of default judgment under ORCP 69
B(1).
(4) The fees provided for in this section may not be collected
for motions made to an arbitrator or mediator in an arbitration
or mediation required or offered by a court, or to any motion
relating to an arbitration or mediation required or offered by a
court. + }
SECTION 3. { + Section 2 of this 2007 Act applies only to
motions and responses to motions filed on or after September 1,
2007. + }
SECTION 4. ORS 1.202 is amended to read:
1.202. (1) All circuit courts and appellate courts of this
state, and all commissions, departments and divisions of the
judicial branch of state government, shall add a fee of not less
than { - $25 - } { + $50 + } and not more than { - $50 - }
{ + $100 + } to any judgment that includes a monetary
obligation that the court or judicial branch is charged with
collecting. The fee shall be added to cover the cost of
establishing and administering an account for the debtor and
shall be added without further notice to the debtor or further
order of the court. The fee shall be added only if the court
gives the defendant a period of time in which to pay the
obligation after the financial obligation is imposed. { + Fifty
percent of the + } fees { + collected + } under this subsection
shall be deposited in the General Fund. { + Fifty percent of the
fees collected under this subsection shall be deposited in the
Judicial Department Operating Account established under ORS
1.009. + }
(2) All circuit courts and appellate courts of this state, and
all commissions, departments and divisions of the judicial branch
of state government, that use the Department of Revenue or
private collection agencies shall add a fee to any judgment
referred for collection that includes a monetary obligation that
the state court or the commission, department or division is
charged with collecting. The fee shall be added to cover the
costs of collection charged by the Department of Revenue or
private collection agency and shall be added to the monetary
obligation without further notice to the debtor or further order
of the court. The fee may not exceed the actual costs of
collection charged by the Department of Revenue or private
collection agency. Fees under this subsection shall be deposited
in the Judicial Department Collections Account established under
ORS 1.204 and may be used only for the purposes specified in ORS
1.204.
(3) A court may not waive or suspend the fees required to be
added to judgments under the provisions of this section.
SECTION 5. { + The amendments to ORS 1.202 by section 4 of
this 2007 Act apply only to judgments entered on or after
September 1, 2007. + }
SECTION 6. ORS 18.999 is amended to read:
18.999. This section establishes the right of a plaintiff to
recover certain moneys the plaintiff has expended to recover a
debt under ORS 18.854 or to enforce a judgment and establishes
procedures for that recovery. The following apply to this
section:
(1) When a plaintiff receives moneys under a garnishment,
attachment or payment, the plaintiff may proceed as follows:
(a) Before crediting the total amount of moneys received
against the judgment or debt, the plaintiff may recover and keep
from the total amount received under the garnishment, attachment
or payment any moneys allowed to be recovered under this section.
(b) After recovering moneys as allowed under paragraph (a) of
this subsection, the plaintiff shall credit the remainder of the
moneys received against the judgment or debt as provided by law.
(2) Moneys recovered under subsection (1)(a) of this section
shall not be considered moneys paid on and to be credited against
the original judgment or debt sought to be enforced. No
additional judgment is necessary to recover moneys in the manner
provided in subsection (1)(a) of this section.
(3) The only moneys a plaintiff may recover under subsection
(1)(a) of this section are those described in subsection (4) of
this section that the plaintiff has paid to enforce the existing
specific judgment or debt that the specific garnishment or
attachment was issued to enforce or upon which the payment was
received. Moneys recoverable under subsection (1)(a) of this
section remain recoverable and, except as provided under
subsection (8) of this section, may be recovered from moneys
received by the plaintiff under subsequent garnishments,
attachments or payments on the same specific judgment or debt.
(4) This section allows the recovery only of the following:
(a) Statutorily established moneys that meet the requirements
under subsection (3) of this section, as follows:
(A) Garnishee's search fees under ORS 18.790.
(B) Fees for delivery of writs of garnishment under ORS 18.652.
(C) Circuit court fees as provided under ORS 21.325.
(D) County court fees as provided under ORS 5.125.
(E) County clerk recording fees as provided in ORS 205.320.
(F) Actual fees or disbursements made under ORS 21.410.
(G) Costs of execution as provided in ORS 105.112.
(H) Fees paid to an attorney for issuing a garnishment in an
amount not to exceed $7 for each garnishment.
(I) Costs of an execution sale as described in ORS 18.950 (2).
{ + (J) Fees paid under section 2 of this 2007 Act for
motions and responses to motions filed after entry of a
judgment. + }
(b) Interest on the amounts specified in paragraph (a) of this
subsection at the rate provided for judgments in ORS 82.010 for
the period of time beginning with the expenditure of the amount
and ending upon recovery of the amount under this section.
(5) The plaintiff shall be responsible for doing all of the
following:
(a) Maintaining a precise accounting of moneys recovered under
subsection (1)(a) of this section and making the accounting
available for any proceeding relating to that judgment or debt.
(b) Providing reasonable notice to the defendant of moneys the
plaintiff recovers under subsection (1)(a) of this section.
(6) Moneys recovered under subsection (1)(a) of this section
remain subject to all other provisions of law relating to
payments, or garnished or attached moneys including, but not
limited to, those relating to exemption, claim of exemption,
overpayment and holding periods.
(7) Nothing in this section limits the right of a plaintiff to
recover moneys described in this section or other moneys in any
manner otherwise allowed by law.
(8) A writ of garnishment or attachment is not valid if issued
solely to recover moneys recoverable under subsection (1)(a) of
this section unless the right to collect the moneys is first
reduced to a judgment or to a debt enforceable under ORS 18.854.
SECTION 7. { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect on its
passage. + }
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