Chapter 195 Oregon Laws 1999
Session Law
AN ACT
SB 415
Relating to enforcement of
judgments; creating new provisions; and amending ORS 18.325, 18.350 and 46.488
and section 40, chapter 746, Oregon Laws 1997, and section 58a, chapter 801,
Oregon Laws 1997, and ORCP 70A.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 18.350 is amended to read:
18.350. (1) Subject to the requirements of this section, from
the time of docketing an original or renewed judgment as provided in ORS
18.320, such judgment shall be a lien upon all the real property of the
judgment debtor within the county where the same is docketed, or which the
judgment debtor may afterwards acquire therein, during the time prescribed in
ORS 18.360. Such judgment shall not be 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 docketed judgments shall be
presumed to have not been discharged until the judgment debtor establishes that
the judgment has been discharged.
(2) A judgment lien 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 clerk shall note the expiration 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 judgment ceases in the county in which
the judgment was originally docketed, it shall cease in every other county in
which a certified copy of the judgment or a lien record abstract has been
recorded. When such judgment has been fully satisfied, it shall be the
responsibility of the judgment creditor to file a full satisfaction in the
county in which the judgment was originally docketed. The clerk of the court
shall not charge a fee for filing a satisfaction of judgment. Upon satisfaction
in full of the judgment, the judgment creditor shall deliver to the judgment
debtor an executed satisfaction of the judgment for every county where a
certified copy of the judgment or a lien record abstract has been recorded.
(4) A judgment entered
in the small claims department of a circuit court in an amount of less than
$3,000, exclusive of costs, may become a lien on the real property of the
judgment debtor only as provided in ORS 46.488.
[(4) Except as provided
in subsection (8) or (9) of this section, a judgment does not become a lien on
real property of a judgment debtor until a judgment creditor files with the
court a lien certificate including all of the following information:]
[(a) The case number and
the court that entered the judgment;]
[(b) The date the
judgment was entered in the register;]
[(c) The names of all
judgment debtors;]
[(d) The amount of the
judgment entered against each judgment debtor;]
[(e) The names and
addresses of all judgment creditors;]
[(f) The name and address
of any attorney or attorneys for the judgment creditors; and]
[(g) The signature of the
judgment creditor filing the lien certificate or the signature of the attorney
for the judgment creditor.]
[(5) The lien certificate
required by subsection (4) of this section should also contain the last known
address of each judgment debtor, the name of any attorney or attorneys for each
judgment debtor, each judgment debtor's driver license number and the name of
the state that issued the license, any taxpayer identification number for a
judgment debtor, and the name of any governmental body or person, other than
the judgment creditor's attorney, who is entitled to any portion of a payment
made on the judgment. Creation of a judgment lien is not affected by the
failure of a judgment creditor to include any of the information specified in
this subsection in the lien certificate.]
[(6) The lien certificate
required by subsection (4) of this section may be filed at the time a judgment
is docketed or at any time thereafter. However, the filing of a lien
certificate after the date that a judgment is docketed does not operate to
extend the period during which the judgment is valid. The clerk of the court
shall enter the lien certificate in the register of the court.]
[(7) The lien certificate
required by subsection (4) of this section must be recorded in the County Clerk
Lien Record whenever, pursuant to ORS 18.320, a judgment creditor records a
certified copy of a judgment or a lien record abstract in any county other than
the county where the judgment was originally docketed. The judgment does not
become a lien on the real property of a judgment debtor in the other county
until a lien certificate containing the information specified in subsection (4)
of this section is so recorded.]
[(8) The lien certificate
required by subsection (4) of this section need not be filed for any judgment
in a criminal action, as defined by ORS 131.005, as a condition of the judgment
becoming a lien on the real property of a judgment debtor.]
[(9) The lien certificate
required by subsection (4) of this section need not be filed for any warrant or
order recorded pursuant to ORS 205.125 as a condition of the warrant or order
becoming a lien on the real property of a judgment debtor.]
SECTION 2.
Section 58a, chapter 801, Oregon Laws 1997, is amended to read:
Sec. 58a. The
amendments to [section 57 of this Act]
ORS 46.488 by section 58 [of this Act], chapter 801, Oregon Laws 1997, become operative on [January 1, 2000] the effective date of this 1999 Act.
SECTION 3.
ORS 46.488, as amended by section 58, chapter 801, Oregon Laws 1997, 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 [$1,500] $3,000, exclusive of costs or
disbursements. A judgment entered in the small claims department in an amount
of [$1,500] $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 defendant in
the manner described by ORS 18.350. [The
judgment shall not become a lien on real property of the judgment debtor unless
and until the judgment creditor files the lien certificate required under ORS
18.350.]
(2) When a judgment is entered in the small claims department
in an amount of $10 or more and less than [$1,500] $3,000, exclusive of costs or
disbursements, the judgment creditor may at any time before expiration of the
judgment under ORS 18.360 cause the judgment to be docketed 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. [The judgment shall not become a lien on real
property of the judgment debtor unless and until the judgment creditor files
the lien certificate required under ORS 18.350.] 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.
SECTION 4.
ORCP 70 A is amended to read:
A Form. Every judgment shall be in writing plainly
titled as a judgment and set forth in a separate document. A default or
stipulated judgment may have appended or subjoined thereto such affidavits,
certificates, motions, stipulations, and exhibits as may be necessary or proper
in support of the entry thereof.
A(1) Content. No particular form of words is required,
but every judgment shall:
A(1)(a) Specify clearly the party or parties in whose favor it
is given and against whom it is given and the relief granted or other
determination of the action.
A(1)(b) Be signed by the court or judge rendering such judgment
or, in the case of judgment entered pursuant to Rule 69 B(1), by the clerk.
A(2)(a) Money judgment; contents. Money judgments are
judgments that require the payment of money, including judgments for the
payment of costs or attorney fees. The requirements of this subsection are not
jurisdictional for purposes of appellate review. Money judgments shall include
all of the following:
A(2)(a)(i) The [names] name and address of [the]
each judgment creditor and the name,
address and phone number of each creditor's attorney, if any.
A(2)(a)(ii) The name of [the] each judgment debtor and, if known, the address, date of birth,
Social Security number and driver license number for each judgment debtor, the
state of issuance for each judgment debtor's driver license and the name of
each judgment debtor's attorney.
A(2)(a)(iii) The name of
any person or public body known to the judgment creditor, other than the
judgment creditor's attorney, who is entitled to any portion of a payment made
on the judgment.
[A(2)(a)(iii)] A(2)(a)(iv) The amount of the judgment.
[A(2)(a)(iv)] A(2)(a)(v) The interest owed to the
date of the judgment, 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.
[A(2)(a)(v)] A(2)(a)(vi) Post-judgment interest
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.
[A(2)(a)(vi)] A(2)(a)(vii) For judgments that accrue
on a periodic basis, any accrued arrearages, required further payments per
period and accrual dates.
[A(2)(a)(vii)] A(2)(a)(viii) If the judgment awards
costs and disbursements or attorney fees, that they are awarded and any
specific amounts awarded. This subparagraph does not require inclusion of
specific amounts where such will be determined later under Rule 68 C.
A(2)(b) Form. To comply with the requirements of
paragraph A(2)(a) of this rule, the requirements in that paragraph must be
presented in a manner that complies with all of the following:
A(2)(b)(i) The requirements must be presented in a separate,
discrete section immediately above the judge's signature if the judgment
contains more provisions than just the requirements of paragraph A(2)(a) of
this rule.
A(2)(b)(ii) The separate section must be clearly labeled at its
beginning as a money judgment. On or after January 1, 1994, if the money
judgment includes a child support obligation, the label must so indicate.
A(2)(b)(iii) The separate section must contain no other
provisions except what is specifically required by this rule for judgments and,
if applicable, by ORS 24.290 for the payment of money.
A(2)(b)(iv) The requirements under paragraph A(2)(a) of this
rule must be presented in the same order as set forth in that paragraph.
A(3) If the proposed judgment does not comply with the
requirements in subsections A(1) and (2) of this rule, it shall not be signed
by the judge. If the judge signs the judgment, it shall be entered in the
register whether or not it complies with the requirements in subsections A(1)
and (2) of this rule.
SECTION 5.
ORS 18.325 is amended to read:
18.325. Unless otherwise prescribed by law, a person recording
a lien record abstract shall use substantially the following form:
___________________________________________________________________
LIEN RECORD ABSTRACT
The undersigned states:
A. Creditor/Prevailing Party Information:
__ 1. The creditor/prevailing
party is:
_____________________________
and the address of the creditor is:
_____________________________
_____________________________
under judgment, decree, order or
petition entered on _____ (date)
in the District/Circuit Court/____
for _____(County) of _____
(State) under Case No. _______.
__ 2. The Creditor's
attorney's name is
_____________________________
Attorney's Address is:
_____________________________
Attorney's Phone No. is: _________
B. Debtor/Losing Party Information:
__ 1. The Debtor/losing party
is:
_____________________________
__ 2. [Whose] Debtor's address
[is] (if known):
_____________________________
_____________________________
__ 3. Debtor's Social Security No. or
Taxpayer Identification
No. (if known):
_____________________________
__ 4. Debtor's driver license no. and state of
issuance for the
license (if known):
_____________________________
__ 5. Name of debtor's attorney (if known):
_____________________________
C. Judgment Information:
__ 1. The amount of the
judgment is:
_____________________________
__ 2. The amount of the costs
is:
_____________________________
__ 3. The amount of attorney
fees, if any
is: _______________
D. The Real Property to be Affected
(Check appropriate box):
__ All real property of the debtor/losing
party, now or hereafter acquired, in
________ County as provided
under ORS 18.320 and 18.350.
__ The following described real property
of debtor (legal description as set forth
or on attached Exhibit):
_____________________________
_____________________________
_____________________________
_____________________________
IN WITNESS WHEREOF, the
undersigned person or persons have
executed this abstract this ___ day
of _____, 19__.
_________________ _________________
_________________ _________________
State of Oregon )
) ss.
County of _______ )
The foregoing instrument was acknowledged before me this ____
day of _____, 19___ by _______.
_____________________
Notary Public for Oregon
My commission expires:
_______
State of Oregon )
) ss.
County of _______ )
The foregoing instrument was acknowledged
before me this ___ day of ___, 19___ by _________
and by _________ of _________, a corporation on behalf of the corporation.
_____________________
Notary Public for Oregon
My commission expires:
_______
___________________________________________________________________
SECTION 6.
Section 40, chapter 746, Oregon Laws 1997, is amended to read:
Sec. 40. (1) Unless
otherwise prescribed by law, a person recording a lien record abstract shall
use substantially the following form:
___________________________________________________________________
LIEN RECORD ABSTRACT
The undersigned states:
A. Creditor/Prevailing Party Information:
__ 1. The creditor/prevailing
party is:
____________________________
and the address of the creditor is:
____________________________
____________________________
under judgment, decree, order or
petition entered on _____ (date)
in the District/Circuit Court/____
for _____ (County) of _____
(State) under Case No. _______.
__ 2. The Creditor's
attorney's name is
____________________________
Attorney's Address is:
____________________________
Attorney's Phone No. is: ______
B. Debtor/Losing Party Information:
__ 1. The Debtor/losing party
is:
____________________________
__ 2. [Whose] Debtor's address
[is] (if known):
____________________________
____________________________
__ 3. Debtor's Social Security No. or
Taxpayer Identification
No. (if known):
____________________________
__ 4. Debtor's driver license no. and state
of issuance for the
license (if known):
____________________________
__ 5. Name of debtor's attorney (if known):
____________________________
C. Judgment Information:
__ 1. The amount of the judgment
is:
____________________________
__ 2. The amount of the costs
is:
____________________________
__ 3. The amount of attorney
fees, if any
is: _____________
D. The Real or Personal Property to be Affected
(Check appropriate box):
__ All real property of the debtor/losing
party, now or hereafter acquired, in
________ County as provided
under ORS 18.350 and section 39, chapter
746, Oregon Laws 1997
[of this Act].
__ The following described real or personal
property of debtor (legal description as set
forth or on attached Exhibit):
____________________________
____________________________
____________________________
____________________________
IN WITNESS WHEREOF, the
undersigned person or persons have
executed this abstract this ___ day
of _____, 19__.
___________________ ___________________
___________________ ___________________
State of Oregon )
) ss.
County of _______ )
The foregoing instrument was acknowledged before me this ____
day of _____, 19__ by _______.
_____________________
Notary Public for Oregon
My commission expires:
_______
State of Oregon )
) ss.
County of ____ )
The foregoing instrument was acknowledged before me this ___
day of ___, 19___ by _________ and by _________ of _________, a corporation on
behalf of the corporation.
_____________________
Notary Public for Oregon
My commission expires:
_______
___________________________________________________________________
(2) A lien record abstract that is the result of a judgment for
unpaid child or spousal support entered in another state shall be on the form
prescribed by rules adopted by the Department of Human Resources in lieu of the
form required by subsection (1) of this section.
SECTION 7. Nothing in the amendments to ORS 18.325 or
section 40, chapter 746, Oregon Laws 1997, by section 5 or 6 of this 1999 Act
affects the operative-in-lieu or repealing provisions of section 1, chapter
746, Oregon Laws 1997.
SECTION 7a. If Senate Bill 29 becomes law, sections 6
(amending section 40, chapter 746, Oregon Laws 1997) and 7 of this 1999 Act are
repealed.
SECTION 8. (1) The amendments to ORS 18.350 by section
1 of this 1999 Act, and the amendments to ORS 46.488 by section 58, chapter
801, Oregon Laws 1997, and by section 3 of this 1999 Act, do not affect any
judgment docketed in the circuit court under the provisions of ORS 46.488 (1997
Edition) before the effective date of this 1999 Act. Notwithstanding the
amendments to ORS 46.488 by section 58, chapter 801, Oregon Laws 1997, and by
section 3 of this 1999 Act, any judgment entered in the small claims department
of a circuit court before the effective date of this 1999 Act that was not
docketed in the circuit court under the provisions of ORS 46.488 (1997 Edition)
before the effective date of this 1999 Act may become a lien on real property
only in the manner provided by ORS 46.488 (1997 Edition).
(2) Any judgment docketed
before the effective date of this 1999 Act, including judgments docketed under
the provisions of ORS 46.488 (1997 Edition), that did not become a lien on real
property by reason of failure of the judgment creditor to file a lien
certificate with the court in the manner required by ORS 18.350 (4) to (9)
(1997 Edition) shall automatically become a lien on real property to the extent
described in ORS 18.350, as amended by section 1 of this 1999 Act, on January
1, 2000, and shall be considered in all respects as though the judgment had
been docketed on January 1, 2000.
(3) The amendments to ORCP
70 A by section 4 of this 1999 Act apply only to judgments entered in the
register of a court on or after the effective date of this 1999 Act.
(4) The amendments to ORS
18.325 by section 5 of this 1999 Act, and the amendments to section 40, chapter
746, Oregon Laws 1997, by section 6 of this 1999 Act, apply only to lien record
abstracts recorded on or after the effective date of this 1999 Act.
SECTION 8a.
If Senate Bill 29 becomes law, section 8 of this 1999 Act is amended to read:
Sec. 8. (1) The
amendments to ORS 18.350 by section 1 of this 1999 Act, and the amendments to
ORS 46.488 by section 58, chapter 801, Oregon Laws 1997, and by section 3 of
this 1999 Act, do not affect any judgment docketed in the circuit court under
the provisions of ORS 46.488 (1997 Edition) before the effective date of this
1999 Act. Notwithstanding the amendments to ORS 46.488 by section 58, chapter
801, Oregon Laws 1997, and by section 3 of this 1999 Act, any judgment entered
in the small claims department of a circuit court before the effective date of
this 1999 Act that was not docketed in the circuit court under the provisions
of ORS 46.488 (1997 Edition) before the effective date of this 1999 Act may
become a lien on real property only in the manner provided by ORS 46.488 (1997
Edition).
(2) Any judgment docketed before the effective date of this
1999 Act, including judgments docketed under the provisions of ORS 46.488 (1997
Edition), that did not become a lien on real property by reason of failure of
the judgment creditor to file a lien certificate with the court in the manner
required by ORS 18.350 (4) to (9) (1997 Edition) shall automatically become a
lien on real property to the extent described in ORS 18.350, as amended by
section 1 of this 1999 Act, on January 1, 2000, and shall be considered in all
respects as though the judgment had been docketed on January 1, 2000.
(3) The amendments to ORCP 70 A by section 4 of this 1999 Act
apply only to judgments entered in the register of a court on or after the
effective date of this 1999 Act.
(4) The amendments to ORS 18.325 by section 5 of this 1999 Act[, and the amendments to section 40, chapter
746, Oregon Laws 1997, by section 6 of this 1999 Act,] apply only to lien
record abstracts recorded on or after the effective date of this 1999 Act.
Approved by the Governor May 27, 1999
Filed in the office of Secretary of State May 27,
1999
Effective date October 23, 1999
__________