Chapter 226
Oregon Laws 2011
AN ACT
HB 2677
Relating to
assignment of judgments; amending ORS 18.205.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 18.205 is amended to
read:
18.205. (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, by the judgment
creditor’s agent or by an attorney who represents the judgment creditor. Signature
by the judgment creditor’s agent is not subject to the requirement of ORS 9.320
that a corporation appear by an attorney in all cases. 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 judgment lien record; or
(b) Recorded in any County Clerk Lien
Record in which the judgment was recorded under ORS 18.152.
(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 412.024,
418.032, 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.
Approved by
the Governor June 2, 2011
Filed in the
office of Secretary of State June 2, 2011
Effective date
January 1, 2012
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