Chapter 788 Oregon Laws 1999

Session Law

AN ACT

SB 81

Relating to courts; creating new provisions; amending ORS 18.320, 18.350, 18.360, 18.400, 18.410, 18.420, 18.425, 23.030, 23.050, 23.164, 23.240, 23.300, 23.445, 23.560, 29.137, 51.120, 87.450, 138.050, 156.220, 156.230, 156.240, 156.705, 203.810, 221.348, 221.349, 221.380, 221.902, 221.918, 222.700, 448.320, 471.670, 472.320, 472.990, 659.070 and 810.340 and section 15, chapter 796, Oregon Laws 1989; and repealing ORS 52.630, 52.690, 156.250 and 156.260.

Be It Enacted by the People of the State of Oregon:

ENFORCEMENT OF JUSTICE COURT

JUDGMENTS

SECTION 1. Section 2 of this 1999 Act is added to and made a part of ORS chapter 52.

SECTION 2. Enforcement of justice court judgments generally. (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.

(b) Supplementary proceedings under ORS 23.710 to 23.730.

(c) Garnishee proceedings under ORS 29.285 to 29.335.

(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. 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 section 4 of this 1999 Act. 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.

(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 infraction proceedings and other criminal proceedings.

(6) The provisions of this section and section 4 of this 1999 Act 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 3. ORS 52.630 is repealed and section 4 of this 1999 Act is enacted in lieu thereof.

SECTION 4. Liens based on justice court judgment. (1) After a judgment 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 section 17 of this 1999 Act 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 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, 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 the transcribed judgment in the judgment docket of the circuit court. 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. 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 under section 17 of this 1999 Act, or a lien record abstract for the renewed judgment, 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 5. ORS 52.690 is repealed.

ENFORCEMENT OF MUNICIPAL COURT JUDGMENTS

SECTION 6. Sections 7, 8, 9 and 10 of this 1999 Act are added to and made a part of ORS chapter 221.

SECTION 7. Registration of municipal courts. (1) A judgment docketed by a municipal court may be enforced in the manner provided in sections 8 and 9 of this 1999 Act if:

(a) The municipality has registered the court with the Department of Revenue; and

(b) The municipality has provided to the Department of Revenue the name and address of a person authorized to act on behalf of the court.

(2) Any municipality that has registered under this section must immediately notify the Department of Revenue of any changes to the information provided to the department under this section.

(3) At least once each year, the Department of Revenue shall publish a registry of municipal courts in this state that includes all information provided to the department by municipalities under this section. The department may use electronic publication of the registry to meet the requirements of this subsection.

(4) Registration by a municipal court under this section is irrevocable.

(5) The provisions of this section and sections 8, 9 and 10 of this 1999 Act do not apply to a circuit court exercising the jurisdiction of a municipal court under ORS 3.136. All judgments entered by a circuit court exercising the jurisdiction of a municipal court under ORS 3.136 may be enforced as provided for judgments of circuit courts.

(6) The provisions of this section and sections 8, 9 and 10 of this 1999 Act 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 8. Enforcement of municipal court judgments generally. (1) Subject to the requirements of section 7 of this 1999 Act, 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.

(b) Supplementary proceedings under ORS 23.710 to 23.730.

(c) Garnishee proceedings under ORS 29.285 to 29.335.

(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. 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.

(4) The provisions of this section apply to all judgments docketed in municipal courts, including judgments imposed in infraction proceedings and other criminal proceedings.

SECTION 9. Liens based on municipal court judgment. (1) Subject to the requirements of section 7 of this 1999 Act, 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 section 17 of this 1999 Act 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 under section 17 of this 1999 Act, or a lien record abstract for the renewed judgment, 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.

SECTION 10. Dockets in municipal courts. (1) A municipal court of this state that registers under section 7 of this 1999 Act must maintain a docket. A municipal judge must enter the following information in the docket for the municipal court:

(a) The title of every action or proceeding commenced in the court, with the names of the parties thereto and the time of commencement thereof.

(b) The date of making or filing any pleading.

(c) An order allowing a provisional remedy, and the date of issuing and returning the summons or other process.

(d) The time when each party appears, or a party's failure to do so.

(e) Every postponement of a trial or proceeding, upon whose application and to what time.

(f) The demand for a jury, if any, and by whom made.

(g) The order for a jury and the time appointed for trial.

(h) The return of an order for a jury, the names of the persons impaneled and sworn as a jury and the names of all witnesses sworn and at whose request.

(i) The verdict of the jury and when given or, if the jury disagrees and is discharged without giving a verdict, a statement of such disagreement and discharge.

(j) The judgment of the court and when given.

(k) The date on which any judgment is docketed in the docket.

(L) The fact of an appeal having been made and allowed, and the date thereof, with a memorandum of the undertaking, and the justification of the sureties.

(m) Satisfaction of the judgment or any part thereof.

(n) A memorandum of all orders relating to the admission of bail, taking bail or commitment for want thereof.

(o) All other matters that may be material or specially required by any statute.

(2) The docket of a municipal court under this section may be maintained in electronic form.

SALE OF HOMESTEAD FOR JUDGMENT

OF LESS THAN $3,000

SECTION 11. ORS 23.164 is amended to read:

23.164. (1) A mobile home, and the property upon which the mobile home is situated, that is the actual abode of and occupied by the owner, or the owner's spouse, parent or child, when that mobile home is occupied as a sole residence and no other homestead exemption exists, shall be exempt from execution and from liability in any form for the debts of the owner to the value of $23,000, except as otherwise provided by law. When two or more members of a household are debtors whose interests in the homestead are subject to sale on execution, the lien of a judgment or liability in any form, their combined exemptions under this section shall not exceed $30,000. The exemption shall be effective without the necessity of a claim thereof by the judgment debtor.

(2) The exemption provided for in subsection (1) of this section shall not be impaired by temporary removal or absence with the intention to reoccupy the mobile property as a home, nor by the sale thereof, but shall extend to the proceeds derived from such sale up to $23,000 or $30,000, whichever amount is applicable under subsection (1) of this section, while the proceeds are held for a period not exceeding one year and with the intention to procure another mobile or other homestead therewith.

(3) Upon the issuance of an order authorizing sale as provided in ORS 23.445, the levying officer may proceed to advertise and sell the premises and, if the homestead exemption applies, out of the proceeds pay the mobile home owner the sum of $23,000 or $30,000, whichever amount is applicable under subsection (1) of this section, and apply the balance of the proceeds on the execution. However, no sale shall be made where the homestead exemption applies unless the sum bid for the property is in excess of the sum of the costs of sale and $23,000 or $30,000, whichever amount is applicable. If no such bid is received, the expense of the advertising and preparation for sale shall be borne by the petitioner.

(4)(a) The provisions of subsections (1), (2), (3) and (7) of this section do not apply to construction liens for work, labor or material done or furnished exclusively for the improvement of the mobile home, or to purchase money liens and to mortgages lawfully executed, or to executions issued on a judgment recovered for the purchase price.

(b) The provisions of subsections (3) and (7) of this section do not apply to the sale on execution of a judgment of restitution under ORS 105.154 of a mobile home removed from premises by the levying officer pursuant to the execution.

(5) If a debtor owns a mobile home but not the property upon which the mobile home is situated, subsections (1), (2), (3) and (4) of this section shall apply, but the value of the debtor's interest exempt from execution and liability shall not exceed $20,000 for an individual debtor, or $27,000 when two or more members of a household are debtors whose interests in the homestead are subject to execution or liability in any form.

(6) When the owner of a homestead under this section has been granted a discharge in bankruptcy or has conveyed the property, the value thereof, for the purpose of determining a leviable interest in excess of the homestead exemption, shall be the value on the date of the petition in bankruptcy, whether the value is determined in the bankruptcy proceedings or not, or on the date the conveyance becomes effective, whichever shall first occur.

(7)(a) Except as provided in paragraph (b) of this subsection, no mobile home, or property upon which the mobile home is situated, that is the actual abode of and occupied by the owner, or the owner's spouse, dependent parent or dependent child, shall be sold on execution to satisfy a judgment that at the time of entry does not exceed $3,000. However, such judgment shall remain a lien upon the real property owned by the judgment debtor and upon which the mobile home is situated. The limitation provided by this subsection shall not be impaired by temporary removal or absence with the intention to reoccupy the mobile home and property as a home.

(b) The limitation in paragraph (a) of this subsection does not apply if two or more judgments are owing to 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 was entered, is greater than $3,000.

(8) As used in this section, unless the context requires otherwise, "mobile home" includes, but is not limited to, a houseboat.

SECTION 11a. Section 11 of this 1999 Act (amending ORS 23.164) is repealed and ORS 23.164, as amended by section 2, chapter 135, Oregon Laws 1999 (Enrolled House Bill 2315), is amended to read:

(7) Except as provided in subsection (9) of this section, no mobile home, or property upon which the mobile home is situated, that is the actual abode of and occupied by the judgment debtor, or that is the actual abode of and occupied by a spouse, dependent parent or dependent child of the judgment debtor, shall be sold on execution to satisfy a judgment that at the time of entry does not exceed $3,000. The judgment shall remain a lien upon the real property owned by the judgment debtor and upon which the mobile home is situated, and the mobile home and real property upon which it is situated may be sold on execution:

(a) At any time after the sale of the mobile home or real property by the judgment debtor; and

(b) At any time after the mobile home or real property is no longer the actual abode of and occupied by the judgment debtor or the spouse, dependent parent or dependent child of the judgment debtor.

(8) The limitation on execution sales imposed by subsection (7) of this section is not impaired by temporary removal or absence with the intention to reoccupy the mobile home and property as a home.

(9) The limitation on execution sales imposed by subsection (7) of this section does not apply if two or more judgments are owing to 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 was entered, is greater than $3,000.

[(9)] (10) As used in this section, unless the context requires otherwise, "mobile home" includes, but is not limited to, a houseboat.

SECTION 12. ORS 23.240 is amended to read:

23.240. (1) A homestead shall be exempt from sale on execution, from the lien of every judgment and from liability in any form for the debts of the owner to the amount in value of $25,000, except as otherwise provided by law. The exemption shall be effective without the necessity of a claim thereof by the judgment debtor. When two or more members of a household are debtors whose interests in the homestead are subject to sale on execution, the lien of a judgment or liability in any form, their combined exemptions under this section shall not exceed $33,000. The homestead must be the actual abode of and occupied by the owner, or the owner's spouse, parent or child, but the exemption shall not be impaired by:

(a) Temporary removal or temporary absence with the intention to reoccupy the same as a homestead;

(b) Removal or absence from the property; or

(2) The exemption shall extend to the proceeds derived from such sale to an amount not exceeding $25,000 or $33,000, whichever amount is applicable under subsection (1) of this section, if the proceeds are held for a period not exceeding one year and held with the intention to procure another homestead therewith.

(3) The exemption period under subsection (1)(b) and (c) of this section shall be one year from the removal, absence or sale, whichever occurs first.

(4) When the owner of a homestead has been granted a discharge in bankruptcy or has conveyed the homestead property, the value thereof, for the purpose of determining a leviable interest in excess of the homestead exemption, shall be the value on the date of the petition in bankruptcy, whether the value is determined in the bankruptcy proceedings or not, or on the date the conveyance becomes effective, whichever shall first occur. However, with respect to judgments not discharged in the bankruptcy, or entered against the owner after discharge, the value on the effective date of conveyance shall be controlling.

(5)(a) Except as provided in paragraph (b) of this subsection, no homestead that is the actual abode of and occupied by the owner, or the owner's spouse, dependent parent or dependent child, shall be sold on execution to satisfy a judgment that at the time of entry does not exceed $3,000. However, such judgment shall remain a lien upon the real property. The limitation provided by this subsection shall not be impaired by temporary removal or temporary absence with the intention to reoccupy the property as a homestead.

(6) Upon the issuance of an order authorizing sale as provided in ORS 23.445, and in conformance with subsection (5) of this section, the levying officer may proceed to advertise and sell the property. If the homestead exemption applies, the levying officer shall pay the homestead owner out of the proceeds the sum of $25,000 or $33,000, whichever is applicable, and apply the balance of the proceeds on the execution. However, no sale shall be made where the homestead exemption applies unless the sum bid for the homestead is in excess of the sum of the costs of sale and $25,000 or $33,000, whichever is applicable. If no such bid is received, the expense of the advertising and preparation for sale shall be borne by the petitioner.

SECTION 12a. Section 12 of this 1999 Act (amending ORS 23.240) is repealed and ORS 23.240, as amended by section 1, chapter 135, Oregon Laws 1999 (Enrolled House Bill 2315), is amended to read:

(a) Temporary removal or temporary absence with the intention to reoccupy the same as a homestead;

(b) Removal or absence from the property; or

(3) The exemption period under subsection (1)(b) and (c) of this section shall be one year from the removal, absence or sale, whichever occurs first.

(5) Except as provided in subsection (7) of this section, no homestead that is the actual abode of and occupied by the judgment debtor, or that is the actual abode of and occupied by a spouse, dependent parent or dependent child of the judgment debtor, shall be sold on execution to satisfy a judgment that at the time of entry does not exceed $3,000. However, such judgment shall remain a lien upon the real property, and the property may be sold on execution:

(a) At any time after the sale of the property by the judgment debtor; and

(b) At any time after the property is no longer the actual abode of and occupied by the judgment debtor or the spouse, dependent parent or dependent child of the judgment debtor.

(6) The limitation on execution sales imposed by subsection (5) of this section is not impaired by temporary removal or temporary absence with the intention to reoccupy the property as a homestead.

(7) The limitation on execution sales imposed by subsection (5) of this section does not apply if two or more judgments are owing to 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 was entered, is greater than $3,000.

[(7)] (8) Upon the issuance of an order authorizing sale as provided in ORS 23.445, and in conformance with subsection (5) of this section, the levying officer may proceed to advertise and sell the property. If the homestead exemption applies, the levying officer shall pay the homestead owner out of the proceeds the sum of $25,000 or $33,000, whichever is applicable, and apply the balance of the proceeds on the execution. However, no sale shall be made where the homestead exemption applies unless the sum bid for the homestead is in excess of the sum of the costs of sale and $25,000 or $33,000, whichever is applicable. If no such bid is received, the expense of the advertising and preparation for sale shall be borne by the petitioner.

SECTION 13. ORS 23.445 is amended to read:

23.445. (1) As used in this section and ORS 23.450 and 23.515:

(a) "Mobile home" does not include a mobile home that is held as inventory for sale or lease in the ordinary course of business.

(b) "Residential real property" means a single family dwelling or condominium unit.

(2) The sheriff shall not sell the residential real property or the mobile home of a natural person on execution without an order of the court authorizing the sale.

(3) The holder of a judgment desiring to have the residential real property or the mobile home of a natural person sold on execution may petition the court for an order authorizing the sheriff to sell. The petition must:

(a) Identify the judgment under which the property is to be sold and the amount due thereon;

(b) Indicate if the judgment arises out of an order or decree for child support as described in ORS 23.242;

(d) Allege whether the property is a homestead or not; and

(e) If the property is a homestead, allege facts showing that it may nevertheless be sold on execution.

(4) The petition shall be accompanied by an affidavit disclosing the basis of the allegations contained in the petition. If the sheriff is to serve the papers under subsection (6) of this section, the petition and affidavit shall be accompanied by a deposit sufficient to pay the fees of the sheriff for that service.

(5) Promptly upon the filing of a petition and affidavit as provided in subsections (3) and (4) of this section, the court shall schedule a hearing on the petition, allowing adequate time for notice to the judgment debtor at least 10 days prior to the hearing.

(6) At least 10 days prior to the hearing on the petition, the petitioner shall cause to be served upon the judgment debtor, in the manner provided by ORCP 7 for service of summons, a true copy of the petition and affidavit and of a notice of the time and place of the hearing in substantially the following form:

___________________________________________________________________

NOTICE OF HEARING ON SHERIFF'S

SALE OF YOUR PROPERTY

This is to notify you that ____ has asked the court to order the sheriff to sell your property located at ___ to satisfy a court judgment against ____.

Before deciding whether to order the sale, the court will hold a hearing on ____, 19__, at _____ a.m./p.m., in Room ____, _____.

The law provides that your property is your homestead if you, or your spouse, dependent parent or dependent child, actually live in it as your home. If you are temporarily absent from the property but intend to move back in, it is still your homestead.

The law provides that if the property is your homestead, then $____ of its value ($____ for a mobile home if you do not own the property it is on) may not be taken to satisfy a judgment against you. In addition, a homestead usually may not be sold to satisfy a judgment for $3,000 or less.

The law provides that your property may be sold despite the fact that it is your homestead and all of its value taken to satisfy a judgment against you if the judgment is for child support.

IF YOU WISH TO PROTECT THIS PROPERTY FROM A SHERIFF'S SALE, YOU SHOULD COME TO THE COURT HEARING.

IF YOU HAVE ANY QUESTIONS, YOU SHOULD SEE A LAWYER AT ONCE.

If you do not own this property, please give this notice and the papers served with it to the owner.

___________________________________________________________________

(7) Whether the judgment debtor appears at the hearing on the petition or not, the court shall try the issues without formal pleadings and shall inquire as to the facts alleged in the petition. The judgment creditor shall have the burden of proof on all issues.

(8) Except as provided in ORS 23.164 (9) and 23.240 (7), the court shall not authorize the sheriff to sell the property if the court finds:

(a) That the property is the homestead of the judgment debtor;

(b) That the judgment is subject to the homestead exemption; and

(9) If the court authorizes the sheriff to sell the property, the order of the court shall state whether the homestead exemption applies to the property, and if so, the amount of the exemption.

(10) This section does not apply to a writ of execution to enforce a judgment that directs the sale of the particular property or to a writ of execution to enforce a judgment arising out of the foreclosure of:

(a) A construction lien for work, labor or material done or furnished exclusively for the improvement of the property;

(b) A lawfully executed purchase money lien; or

(11) This section does not apply to the sale on execution of a judgment of restitution under ORS 105.154 of a mobile home removed from premises by the sheriff pursuant to the execution.

(12) If the petitioner prevails at the hearing, the court shall award the petitioner the costs of service of the papers under subsection (6) of this section.

ADJUSTMENTS TO ORS CHAPTER 18

SECTION 14. Sections 15, 16 and 17 of this 1999 Act are added to and made a part of ORS 18.320 to 18.425.

SECTION 15. Except as otherwise specifically provided in ORS 18.320 to 18.425 and section 7 of this 1999 Act, the provisions of ORS 18.320 to 18.425 apply to circuit courts, justice courts and municipal courts.

SECTION 16. Liens based on justice and municipal court judgments. (1) Subject to the requirements of this section and section 7 of this 1999 Act, from the time that an original or renewed judgment of a justice or municipal court is transcribed or recorded as provided in section 4 or 9 of this 1999 Act, the judgment 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 section 17 of this 1999 Act. 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 clerk of the justice or municipal court 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 justice or municipal court judgment ceases in the county in which the judgment was originally recorded, 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 section 4 of this 1999 Act, 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 17. Expiration of justice and municipal court judgments. (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 sections 4 and 9 of this 1999 Act 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 section 4 of this 1999 Act 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.

SECTION 18. ORS 18.320 is amended to read:

18.320. (1) Except as provided in ORS 46.488, immediately after the entry in the register of judgment for the payment of money in any action in circuit court, the clerk shall docket the judgment in the judgment docket, noting thereon the day, hour and minute of such docketing. The clerk shall rely on the existence of a separate section within the judgment for those judgments subject to ORCP 70 A(2) in determining whether the judgment is a judgment for the payment of money and shall only docket therefrom.

(2) With respect to any judgment docketed in a circuit court judgment docket, the following apply:

(a) At any time thereafter, so long as the original judgment remains in force under ORS 18.360, and is unsatisfied in whole or part, the judgment creditor, or the agent of the judgment creditor, may have recorded a certified copy of the judgment or a lien record abstract in the County Clerk Lien Record for any other county in this state.

(b) A certified copy or a lien record abstract of any judgment renewed pursuant to ORS 18.360 may likewise be recorded in the County Clerk Lien Record in another county.

(c) A certified copy of the judgment, or a certified copy of any renewed judgment under ORS 18.360, or lien record abstract of either, shall be recorded in any county other than in the county where a judgment is originally docketed in order for that judgment to be a lien upon the real property of the judgment debtor in that county.

(3) This section does not apply to justice and municipal court judgments.

NOTE: Sections 19 and 20 were deleted by amendment. Subsequent sections were not renumbered.

SECTION 21. ORS 18.350 is amended to read:

18.350. (1) The provisions of this section apply only to circuit court judgments.

[(1)] (2) Subject to the requirements of this section, from the time of docketing an original or renewed circuit court 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)] (3) A judgment lien expires if an appeal is taken from any circuit court 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)] (4) When the lien of a circuit court 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 circuit 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)] (5) Except as provided in subsection [(8) or] (9) or (10) of this section, a circuit court 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;

(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)] (6) The lien certificate required by subsection [(4)] (5) 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)] (7) The lien certificate required by subsection [(4)] (5) 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 circuit court shall enter the lien certificate in the register of the court.

[(7)] (8) The lien certificate required by subsection [(4)] (5) 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)] (5) of this section is so recorded.

[(8)] (9) The lien certificate required by subsection [(4)] (5) 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)] (10) The lien certificate required by subsection [(4)] (5) 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 21a. If Senate Bill 415 becomes law, section 21 of this 1999 Act (amending ORS 18.350) is repealed and ORS 18.350, as amended by section 1, chapter 195, Oregon Laws 1999 (Enrolled Senate Bill 415), is amended to read:

18.350. (1) Subject to the requirements of this section, from the time of docketing an original or renewed circuit court 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 circuit court 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 circuit court 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 circuit 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.

(5) The provisions of this section apply only to circuit court judgments.

SECTION 22. ORS 18.360 is amended to read:

18.360. (1) Except as provided in this section and ORS 25.700, whenever a period of 10 years elapses after the entry of a judgment in a circuit court, the judgment and any docketed or recorded lien thereof shall expire. However, before the expiration of 10 years the circuit court for the county in which the judgment originally was entered, on motion, may renew the judgment and cause a notation in the register and the judgment docket indicating the renewal of the judgment to be made. The renewed judgment and any lien thereof expire 10 years after entry 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 of any other county in this state a certified copy of the renewed judgment or a lien record abstract. Execution may issue upon the renewed judgment until the judgment expires or is fully satisfied.

(2) Notwithstanding subsection (1) of this section, a judgment in a criminal action, as defined in ORS 131.005, and any lien created by the docketing or recording of the judgment expire 20 years after entry of the judgment, and may not be renewed.

(3) Notwithstanding subsection (1) of this section, whenever a judgment under ORS 107.105 (1)(f) provides for the future payment of money in gross or in installments and when the future gross payment or any installment does not become due for 10 or more years from the date of entry of the judgment, that part of the judgment and the lien thereof shall not expire until 10 years after the date on which the future gross payment or installment becomes due. However, before the expiration of 10 years after the date on which the future gross payment or installment becomes due, the circuit court for the county in which the judgment was entered, may renew, on motion, that part of the judgment that has become due within the preceding 10 years and cause a new entry and docketing of that part of the judgment to be made. A judgment renewed under this subsection and any lien thereof expire 10 years after entry 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 of any other county of the state a certified copy of the renewed judgment or a lien record abstract. Execution may issue upon the renewed judgment until the judgment expires or is fully satisfied.

(4) The provisions of this section do not apply to justice and municipal courts.

SECTION 23. ORS 18.400, as amended by section 12, chapter 704, Oregon Laws 1997, is amended to read:

18.400. (1) Subject to subsection (5) of this section, when any judgment is paid or satisfied, that fact may be noted upon the judgment docket of original entry over the signature of the officer having the official custody of such docket, or of the party entitled to receive and receiving payment or satisfaction, or of the attorney or attorneys representing the judgment creditor in the suit, action or proceeding in which the judgment was rendered; provided, such satisfaction shall not be made by an attorney whose authority over the judgment has expired. Upon annulment or payment or satisfaction and entry thereof being so made, the officer having the official custody of the judgment docket of original entry shall, upon request of any person and payment of the applicable fee, issue a certificate showing the fact of satisfaction of such judgment, or annulment of the lien thereof, describing the same sufficiently for identification; and such certificate shall, upon presentation to the officer having official custody of the judgment docket or the clerk in any county in which a certified copy of the judgment or lien record abstract may have been docketed or recorded, be entered upon such docket or recorded in the County Clerk Lien Record where a certified copy of the judgment or a lien record abstract has been recorded for the purpose of making the satisfaction of judgment a matter of record in such county.

(2) Evidence of the satisfaction of any judgment may also be perpetuated by the execution and acknowledgment by the judgment creditor, or the assignee or personal representative of the judgment creditor, of a certificate describing the judgment with convenient certainty, and specifying that the judgment has been paid or otherwise satisfied or discharged. Such certificate shall be acknowledged or proved and certified in the manner provided by law for conveyances of real property, and may be recorded in the County Clerk Lien Record of any county or counties. In case such judgment has been [entered] docketed in the judgment docket of [the circuit] a court of any such county, the official custodian of such docket shall, upon filing of such certificate of annulment or satisfaction, make notation thereof in the judgment docket. The procedures authorized by this subsection may be used only when the judgment does not arise pursuant to a support order entered under ORS 108.010 to 108.550, 110.300 to 110.441, 416.010 to 416.270, 416.310 to 416.340 and 416.510 to 416.990 or 419B.400 or 419C.590 or ORS chapter 25, 107 or 109 which directs that payments are to be made to the Department of Justice.

(3) An assignment of any judgment, executed in like manner, may be:

(a) Filed with the official custodian of the judgment docket of any county in which the judgment has been docketed, and upon such filing shall be docketed therein; or

(b) Recorded in the office of the county clerk of any county in which the judgment was recorded in the County Clerk Lien Record.

(4) In any case in which a state agency 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, a notice of assignment of judgment bearing the signature of the Administrator of the Support Enforcement Division or the authorized representative of the administrator shall be entitled to record, and with like effect, as an assignment of judgment under subsection (3) of this section.

(5)(a) In cases where support payments ordered under ORS 110.300 to 110.441, 416.010 to 416.270, 416.310 to 416.340 and 416.510 to 416.990 or 419B.400 or 419C.590 or ORS chapter 25, 107, 108 or 109 are to be paid to the Department of Justice, any full or partial satisfaction of a support payment judgment signed by an obligee or an attorney representing the obligee must be mailed to or delivered to the Department of Justice, and not to the clerk of the court. The Department of Justice may provide support satisfaction forms, along with specific instructions. No credit shall be given for such support satisfaction except as provided by this subsection. The department shall credit such support satisfaction to the support judgment pay records maintained by the department, except to the extent that the judgment is assigned to the Department of Human Resources or its divisions or subrogated to a state agency under ORS 418.032, 418.042, 419B.406 or 419C.597. The department shall then promptly forward the satisfaction instrument to the appropriate clerk of the court together with a Department of Justice certificate stating the amount of support satisfaction entered on the pay records of the department. The clerk of the court shall enter on the judgment docket only the amount of the support satisfaction shown on the Department of Justice certificate, and not the amount shown on the satisfaction instrument.

(b) In addition to or in lieu of a certificate and satisfaction instrument provided for in paragraph (a) of this subsection, the Department of Justice may execute and file satisfactions for judgments based on support orders subject to paragraph (a) of this subsection if the obligor provides a sworn affidavit that indicates that the judgment has been paid in full and the department certifies that the department has a complete pay record for the support payment judgment and further certifies that there are no arrearages. The department shall be considered to have a complete pay record if the department has kept the pay record for the support payment judgment from the date of the first support payment required under the judgment, or if the obligee 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. A satisfaction of judgment under this paragraph need not be notarized. If the satisfaction of judgment is for any payment made to the Department of Justice for amounts that have not been assigned by the obligee to the state, the department shall give notice to the obligee in the manner provided by ORS 25.085. The notice must inform the obligee that the Department of Justice will execute and file the satisfaction of judgment unless the department receives a request for a hearing within 30 days after the date of the mailing of the notice. If an obligee requests a hearing, the Department of Justice shall conduct the hearing as a contested case under ORS 183.310 to 183.550 before a hearings officer appointed by the Department of Justice.

(c) Satisfactions of support payment judgments in cases where support payments are not ordered to be paid to the Department of Justice or where enforcement services are not provided pursuant to ORS 25.080 must be filed with the clerk of the court.

(6) The Department of Human Resources, the Oregon Youth Authority, assistant attorneys general representing these agencies, the administrator of the Support Enforcement Division and the administrator's designees may, in their discretion, sign and mail or deliver to the Department of Justice a full or partial satisfaction of a support payment judgment to the extent that such judgment is assigned to the Department of Human Resources or Oregon Youth Authority. Notwithstanding subsection (5) of this section, the Department of Justice may give credit for such satisfaction and shall forward to the clerk of the court the satisfaction instrument together with a Department of Justice certificate stating the amount of support satisfaction entered on the pay records of the department for entry on the judgment docket of the amount of satisfaction shown on the certificate and not the amount shown on the satisfaction instrument.

SECTION 24. ORS 18.410 is amended to read:

18.410. (1) This section establishes a procedure to obtain a satisfaction for a judgment for the payment of money when any person, against whom exists a judgment for the payment of money or who is interested in any property upon which any such judgment is a lien, is unable to obtain a satisfaction from a judgment creditor for any reason. The following apply to a procedure under this section:

(a) The procedure and all filings, entries and other actions relating to the procedure are to be considered as a continuation of the original action in which the judgment was entered.

(b) No appearance fee shall be charged for proceeding under this section.

(2) A person described in subsection (1) of this section may request the court which gave the judgment to determine whether the judgment has been paid in full or to determine the amount necessary to satisfy the judgment at a specific time in the future. To make such request, the person must do all of the following:

(a) File a motion with the court accompanied by an affidavit setting forth all the following, to the extent known to the person:

(A) The date of entry and principal amount of the judgment.

(B) The rate of interest and the date the rate of interest began.

(D) Any amount the person believes is remaining to be paid on the judgment.

(E) Supporting mathematical calculations.

(F) Any other information necessary or helpful to the court in making its determination.

(b) Serve the motion and supporting affidavit on the judgment creditor and, if the person making the request is not the judgment debtor, on the judgment debtor. If the motion is filed within one year of the date of entry of the judgment to which the motion for satisfaction relates, service shall be made as provided in ORCP 9. If the motion is filed more than one year after the date of entry of the judgment to which the motion for satisfaction relates, service shall be made as provided in ORCP 7.

(3) Any party served under subsection (2)(b) of this section shall have 21 days or such additional time as may be allowed by the court within which to serve and file a responding affidavit with the court setting forth those parts of the original affidavit with which the person disagrees and any supporting information or mathematical calculations necessary to support the contentions of the objecting party.

(4) Not less than seven days after notice of hearing given to the person filing the motion and to the parties served with the motion, the court shall hear and determine the issues between the parties in a summary fashion without a jury. All the following apply to the court proceeding:

(a) The court shall give the parties a reasonable opportunity to present evidence relevant to any factual issues in dispute as shown by the affidavits.

(b) If the court, based on the record and sufficient evidence, is satisfied that the person making the request is entitled to relief, the court shall issue an order stating all the following:

(A) That the judgment has been satisfied in full or, if the judgment has not been satisfied in full, the specific amount that will satisfy the judgment on a date or within a period of time specified in the order.

(B) The party or parties to whom the money is owed.

(c) If the court finds that the judgment creditor's failure to file a satisfaction of judgment pursuant to ORS 18.350 or section 16 of this 1999 Act was willful, the court, on motion, may do either or both of the following:

(A) The court may require the judgment creditor to pay to the demanding party a sum of money determined to be reasonable as attorney fees, costs and disbursements by awarding the demanding party a separate judgment for such costs.

(B) The court's order may specify that the demanding party may satisfy the judgment by paying such amounts determined by the court to be necessary to satisfy the judgment less that sum of money the court determines to be reasonable as attorney fees, costs and disbursements.

(5) If the order provides that the judgment has been satisfied or if money is paid to the clerk in the amount and within the time specified in the order, the clerk shall thereupon satisfy the judgment upon the records of the court.

(6) If such judgment has been entered in the records or docketed in the judgment docket in any other county than the county in which it was rendered, then a certified copy of the satisfaction may be used for any of the following purposes:

(a) Entry in the register of the circuit court for such other county and the clerk of that court shall thereupon satisfy the judgment upon the records of that court.

(b) Recording in the County Clerk Lien Record in any county in which a certified copy of the judgment or lien record abstract was recorded.

(7) The clerk shall, at any time, pay the money over to the person who shall be determined to be entitled thereto by the order of the court in which the judgment was given.

SECTION 25. ORS 18.420 is amended to read:

18.420. (1) Any person discharged from debts pursuant to the federal bankruptcy laws may file in any court or tribunal in which a judgment has at any time been rendered against the person, either before or after such discharge, a motion in the suit, action or proceeding for the discharge of the judgment from the record. After notice to the judgment creditor, or to any assignee of the judgment creditor whose assignment has been filed or recorded pursuant to ORS 18.400, the court shall enter a final order that the judgment be discharged and satisfied of record if the debtor establishes that:

(a) The debtor has been discharged from the payment of the judgment or the claim upon which the judgment was based; and

(b) Either there was no property upon which the judgment became a lien under ORS 18.350 or section 4 or 9 of this 1999 Act, as of the date the petition for relief is filed under the federal bankruptcy laws, or if there was such property, the value of the property on the date of the filing of the petition was not more than the outstanding balance of any prior lien or liens upon the property.

(2) If the debtor fails to meet the burden of proof established by subsection (1) of this section, the court shall enter a final order denying the debtor's motion.

(3) For the purposes of this section, where notice was given in connection with bankruptcy proceedings to a creditor retaining a beneficial interest in an assigned judgment or claim, such notice shall provide the basis for the satisfaction of that portion of said judgment in which the creditor retains a beneficial interest. Where the bankrupt received notice prior to the adjudication of bankruptcy of the assignment of a judgment or claim, notice to the assignor retaining a beneficial interest shall not provide the basis for satisfaction for that portion of the judgment which represents the amount actually paid by the assignee of said judgment for said claim and actual court costs incurred by said assignee in prosecuting said claim.

SECTION 26. ORS 18.425 is amended to read:

18.425. The following requirements apply to every civil action which is brought in [a] circuit court [of record in this state] for damages resulting from personal injury or wrongful death, whether it results in a judgment of dismissal, with or without a settlement, or a judgment after verdict:

(1) The attorneys for each party to an action shall file the statement required under subsection (2) of this section within 45 days after final judgment is entered.

(2) The attorney shall file with the court a certified statement in the form and manner required by the Chief Justice. The statement shall contain the following information regarding the settlement or judgment:

(a) The date and terms.

(b) Any damages awarded or agreed to. For purposes of this paragraph, the information shall distinguish damages based on whether they are economic or noneconomic, as defined in ORS 18.560, or punitive.

(d) Any disbursements awarded or agreed to be paid by or to any party.

(e) Any attorney fees awarded or agreed to be paid by or to any party.

(f) Any net amount realized by any party after payment of any costs, disbursements, attorney fees or any other charges or costs related to the case.

(3) If the attorney fails to file the statement by the due date or the statement is incomplete, the court shall order it filed within 20 days after the due date.

(4) The court shall maintain a record of the statements in a manner determined by the State Court Administrator. The statements shall be separately maintained from other records kept by the court. Each court shall transmit the information from the statements as determined by the State Court Administrator.

(5)(a) The State Court Administrator shall use the information in the statements to compile statistical summaries. The summaries shall be public records. A summary shall not contain information that identifies a specific case or a party to the case.

(b) Except as provided in paragraph (a) of this subsection, the statements are confidential and shall not be released by the State Court Administrator or trial court administrator to any person, including but not limited to other parties to the action.

(6) The Chief Justice shall adopt rules concerning the form and manner for filing of the statements. The rules shall be made available to the public in a manner which the Chief Justice determines will be most likely to apprise attorneys of their content.

(7) The State Court Administrator may adopt any procedures necessary or convenient for purposes of this section, except where rules are required to be adopted by the Chief Justice under subsection (6) of this section.

ADJUSTMENTS TO ORS CHAPTER 23

SECTION 27. Section 28 of this 1999 Act is added to and made a part of ORS chapter 23.

SECTION 28. Except as otherwise specifically provided, and subject to the provisions of section 7 of this 1999 Act, this chapter applies to judgments of circuit courts, justice courts and municipal courts.

SECTION 29. ORS 23.030 is amended to read:

23.030. (1) Except as otherwise provided in this section, or as otherwise provided by law, the party in whose favor a judgment is given, which requires the payment of money, the delivery of real or personal property, or either of them, at any time after the entry thereof, may have a writ of execution issued for its enforcement. In the case of real property:

(a) [Except as otherwise provided in subsection (2) of this section, no writ shall] A writ of execution may not be issued under this section unless, at the time the application for writ is made, the judgment upon which the writ is issued is docketed in the judgment docket of the court in which the judgment was originally entered.

(b) Upon issuance of the writ, the party requesting the writ shall have a certified copy of the writ or an abstract of the writ recorded in the County Clerk Lien Record of the county in which the real property is located.

(2) Except as provided in this section, only the court in which the judgment is originally entered may issue a writ of execution.

[(2)] (3) The circuit court for the county in which a judgment debtor resides may issue a writ of execution for a circuit court judgment if a transcript of the original judgment is filed with the court. A circuit court may issue execution against real property under the provisions of this subsection 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 the county in addition to the filing of a transcript of the original judgment with the circuit court. In no event shall the clerk of the court be liable for issuing a writ of execution pursuant to a judgment transcribed pursuant to this subsection.

[(3)] (4) A judgment creditor or an attorney for a judgment creditor who files a transcript of a judgment pursuant to subsection [(2)] (3) of this section must give written notice of the filing to the circuit court in which the judgment was originally entered.

[(4)] (5) At the time a transcript of a judgment is filed under subsection [(2)] (3) of this section, the judgment creditor or the attorney for the judgment creditor must make and file with the clerk of the court a statement containing the information required for a money judgment under ORCP 70 A(2)(a) 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 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.

[(5)] (6) The circuit court in which a transcript of a judgment is filed under subsection [(2)] (3) of this section is the only court with authority to issue execution for the enforcement of the transcribed judgment until the judgment creditor files an affidavit with the circuit court certifying that the judgment debtor no longer resides in the 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, execution on the judgment may be issued by the circuit court in which the judgment was originally entered.

[(6)] (7) When a transcribed judgment is filed with [the] a circuit court under subsection [(2)] (3) of this section, the clerk of the court shall enter the transcribed judgment in the register but shall not docket the judgment in the judgment docket. 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. Satisfactions of judgment and renewal of the judgment may [only] be filed only in the court in which the judgment was originally entered.

[(7)] (8) For the purposes of this section, the circuit court in which the judgment is originally entered is the court in which the judgment is first obtained or, if the judgment is a foreign judgment filed in a circuit court [of this state], the court in which the judgment is first filed under ORS 24.115.

SECTION 30. ORS 23.050 is amended to read:

23.050. The writ of execution shall be issued by the clerk and directed to the sheriff. It shall contain the name of the court, the names of the parties to the action, and the title thereof; it shall substantially describe the judgment, and if it is for money, shall state the amount actually due thereon, and shall require the sheriff substantially as follows:

(1) If it is against the property of the judgment debtor, and the judgment directs particular property to be sold, it shall require the sheriff to sell such particular property and apply the proceeds as directed by the judgment; otherwise, it shall require the sheriff to satisfy the judgment, with interest, out of the personal property of such debtor, and if sufficient personal property cannot be found, then out of the real property belonging to such debtor on the day when the judgment was docketed or recorded in the county, or at any time thereafter.

(2) If it is for the delivery of the possession of real or personal property, it shall require the sheriff to deliver the possession of the same, particularly describing it, to the party entitled thereto, and may, at the same time, require the sheriff to satisfy any costs, charges, damages, or rents and profits recovered by the same judgment, out of the personal property of the party against whom it was rendered, and the value of the property for which the judgment was recovered, to be specified therein, if a delivery thereof cannot be had; and if sufficient personal property cannot be found, then out of the real property, as provided in subsection (1) of this section, and in that respect it is to be deemed an execution against property.

SECTION 30a. Section 30 of this 1999 Act (amending ORS 23.050) is repealed and ORS 23.050, as amended by section 33, chapter 80, Oregon Laws 1999 (Enrolled Senate Bill 29), is amended to read:

23.050. (1) The writ of execution shall be issued by the clerk and directed to the sheriff. It shall contain the name of the court, the names of the parties to the action, and the title thereof; it shall substantially describe the judgment, and if it is for money, shall state the amount actually due thereon, and shall require the sheriff substantially as follows:

(a) If it is against the property of the judgment debtor, and the judgment directs particular property to be sold, it shall require the sheriff to sell such particular property and apply the proceeds as directed by the judgment; otherwise, it shall require the sheriff to satisfy the judgment, with interest, out of the personal property of such debtor, and if sufficient personal property cannot be found, then out of the real property belonging to such debtor on the day when the judgment was docketed or recorded in the county, or at any time thereafter.

(b) If it is for the delivery of the possession of real or personal property, it shall require the sheriff to deliver the possession of the same, particularly describing it, to the party entitled thereto, and may, at the same time, require the sheriff to satisfy any costs, charges, damages, or rents and profits recovered by the same judgment, out of the personal property of the party against whom it was rendered, and the value of the property for which the judgment was recovered, to be specified therein, if a delivery thereof cannot be had; and if sufficient personal property cannot be found, then out of the real property, as provided in paragraph (a) of this subsection, and in that respect it is to be deemed an execution against property.

(2)(a) When support enforcement services are being provided under ORS 25.080, a district attorney or the Support Enforcement Division, in accordance with subsection (1) of this section, may issue a writ directed to the sheriff when there is a judgment for unpaid child support and a lien is recorded under ORS 18.320 or 25.670. A copy of the writ shall be filed with the circuit court of the county in which the judgment was docketed or recorded. A writ issued under this subsection is subject to execution under this chapter.

(b) The Department of Human Resources shall adopt an appropriate form for writs issued by a district attorney or the Support Enforcement Division under this section. The form shall be substantially as set forth for writs issued under subsection (1) of this section.

NOTE: Sections 31 and 32 were deleted by amendment. Subsequent sections were not renumbered.

SECTION 32a. ORS 23.300 is amended to read:

23.300. (1) If a deposit, as required by ORS 23.280 (1)(c), is made by a transferee of any property, the transferee may credit the amount of the deposit against the consideration owed by the transferee for the transfer.

(2) The holder of any judgment described in ORS 23.280 (1) is entitled to receive the full amount of any deposit made with respect to the judgment upon delivery to the clerk of the court of a certificate of annulment of the lien, prepared as provided in ORS 18.400 (2) and specifying that the property described in the notice is released from the judgment lien. If the real property is located in a county where a certified copy of the judgment or lien record abstract has been recorded, the holder of the judgment, upon receipt of the deposit, shall have a certified copy of the annulment recorded in the County Clerk Lien Record.

(3) If no certificate of annulment of the lien is delivered by the holder of the judgment to the clerk, as required by subsection (2) of this section, the clerk shall hold the deposit described in ORS 23.280 (1) and the deposit shall be paid by the clerk to the homestead claimant upon expiration of the judgment and any subsequent renewal thereof as provided in ORS 18.360 and section 17 of this 1999 Act.

(4) At any time after the date specified in a notice, as provided by ORS 23.280 (1)(d), the homestead claimant for the property described in the judgment may apply to the court in which the judgment is docketed for an order that the property described in the notice is no longer subject to the judgment lien. If no objections are filed and no hearing is requested in accordance with ORS 23.290, the judge shall issue an ex parte order that the property is no longer subject to the judgment lien if the judge is satisfied that the property has been, or is about to be, transferred and that the notice was prepared and mailed and a deposit was made as required in ORS 23.280. The judge must, in addition, find that the holder of the judgment actually received notice or, if the whereabouts of the holder are unknown, that a reasonably diligent effort has been made to find the holder. If objections and a request for a hearing have been filed by the holder of the judgment, the court shall set a hearing and notify the holder of the judgment of the time and place of the hearing. The homestead claimant may have a certified copy of the ex parte order recorded in the County Clerk Lien Record.

SECTION 33. ORS 23.560 is amended to read:

23.560. (1) The mortgagor or judgment debtor whose right and title were sold, or the heir, devisee or grantee of the mortgagor or judgment debtor, who has acquired by inheritance, devise, deed, sale, or by virtue of any execution or by any other means, the legal title to the property sold, may, at any time within 180 days after the date of sale, redeem the property; provided that a transfer of the judgment debtor's interest in the property, either before or after sale, shall preclude the judgment debtor from the right to redeem unless the proceeds from the sale are insufficient to satisfy the judgment, in which event the judgment debtor shall have the right to redeem at any time within 10 days after the 180 days herein allowed for redemption, and not otherwise.

(2) Redemption shall be made by paying the amount of the purchase money, with interest thereon at the rate of nine percent per annum from the date of sale, together with the amount of any taxes the purchaser may have been required to pay thereon, and any sums necessarily expended by the purchaser to prevent waste, and also all sums that the purchaser may have been required to pay on prior liens, with interest upon every such payment made by the purchaser at the rate of nine percent per annum from the date of payment thereof; subject to the setoff provided for in subsection (3) of this section.

(3) The mortgagor or judgment debtor, the heir, devisee or grantee of the mortgagor or judgment debtor shall be entitled to a setoff, against the amount necessary to be paid to redeem any property subject to redemption, for all rents, issues and profits accruing from the property sought to be redeemed while the same was in the possession of the purchaser, upon the mortgagor or judgment debtor giving to the purchaser or the purchaser's successors in interest at least 10 days' written notice to render an accounting for all rents, issues and profits accruing from the property sought to be redeemed. If the property sold is farmland, the purchaser shall have a lien on the first crops sown or grown thereon after the sale, for all sums reasonably expended by the purchaser in plowing, cultivating or seeding the premises in the usual husbandlike manner, which lien shall be superior to all other liens except the liens of laborers for work in cultivating said lands or harvesting the crops grown thereon, as now provided by law. If the premises are other than farmlands, the purchaser shall have a lien on the profits thereof arising during the period of redemption for sums necessarily expended by the purchaser to prevent waste.

(4) Within 10 days after the notice provided for in subsection (3) of this section is given, the purchaser or the purchaser's successors in interest shall file with the sheriff of the county wherein the property sought to be redeemed is situated a verified account of all rents, issues and profits accruing from, and of all sums for which the purchaser claims a lien upon the property sought to be redeemed while the same was in the possession of the purchaser or the purchaser's successors in interest. At any time within five days thereafter the judgment debtor or mortgagor shall file any objection which the judgment debtor or mortgagor may have to said account with the sheriff, who forthwith shall transmit all papers in the sheriff's possession touching upon said foreclosure, sale and redemption to the [circuit] court having jurisdiction, or to the judge thereof. The sums, if any, due the mortgagor or judgment debtor, or claimed by the purchaser under the purchaser's lien, shall thereafter be determined by the [circuit] court or the judge thereof at chambers in a summary manner at the time of redemption, and, upon such determination, the judge shall immediately return the files in the case, together with the judge's findings, to the sheriff of such county. Either party may appeal to the Court of Appeals from such determination and decision by the [circuit] court. An appeal by the redemptioner shall not extend the time for redemption unless the redemptioner shall, in addition to the undertaking otherwise required by law upon appeal, and within the time allowed for filing an undertaking upon appeal, give an undertaking with one or more sureties, who shall justify in like manner as bail upon arrest, that the redemptioner will fully consummate the redemption and pay such sums as shall finally be determined to be the amounts required for the redemption.

(5) As used in this section, "purchaser" or "purchaser or the purchaser's successors in interest" means the original purchaser or the original purchaser's assigns, or the purchaser's successors in interest or those holding after the purchaser or under the purchaser.

ADJUSTMENTS TO ORS CHAPTER 29

SECTION 34. Section 35 of this 1999 Act is added to and made a part of ORS 29.125 to 29.375.

SECTION 35. Subject to section 7 of this 1999 Act, ORS 29.125 to 29.375 and 29.401 to 29.415 apply to judgments of circuit courts, justice courts and municipal courts.

SECTION 36. ORS 29.137 is amended to read:

29.137. This section establishes by whom and for whom writs of garnishment are issued. Such writs may be issued only by and for the following described persons:

(1) The clerk of the court shall issue one or more writs of garnishment upon proper application and payment of the appropriate fee. Issuance under this subsection shall be by the clerk of the court [for the county] in which a judgment was originally entered or, if a judgment is from another jurisdiction and is registered in this state, the clerk of the circuit court for the county in which the judgment was first filed in this state. A writ of garnishment may be issued by the clerk of a circuit court for the county in which a judgment debtor resides if the judgment creditor or the attorney for the judgment creditor has complied with the requirements of ORS 23.030 [(2) to (5)] (3) to (6). The provisions of ORS 29.138 apply to writs issued by a clerk under this subsection. Clerks will issue writs only for the following persons under this subsection:

(a) A person who complies with the requirements of ORCP 82 A(3), (5) and (6), 82 B to G, 83 and 84.

(b) A person on whose behalf a judgment requiring the payment of money has been entered in the register of actions or docketed in the docket of a court.

(2) An attorney who is an active member of the Oregon State Bar may issue one or more writs of garnishment. The provisions of ORS 29.139 apply to writs issued by attorneys. Attorneys will issue writs under this subsection only for:

(a) A person on whose behalf a judgment requiring the payment of money has been entered in the register of actions of a court of this state or docketed in the docket of a court of this state;

(b) An agency that has recorded an order in the County Clerk Lien Record as authorized by law; or

(3) Writs of garnishments for an agency under subsection (2)(b) of this section, or for a claimant under subsection (2)(c) of this section, shall be issued in the manner provided by ORS 29.357.

NOTE: Sections 37 and 38 were deleted by amendment. Subsequent sections were not renumbered.

ADJUSTMENTS TO ORS CHAPTER 156

SECTION 39. ORS 156.220 is amended to read:

156.220. [When a judgment of conviction is given, either upon a plea of guilty, no contest, or upon a trial, the justice shall enter the same in the docket substantially as follows:]

[_________________________________________________________________]

JUSTICE COURT FOR THE DISTRICT OF _____

State of Oregon, County of _____

State of Oregon v. A. B., (day of the month and year)

The above-named A. B. having been brought before me, C. D., a justice of the peace for the district in the county and state aforesaid, in a criminal action for the crime of (briefly designate the crime), having thereupon pleaded ("not guilty," "no contest," or as the case may be), and having been tried by (me or a jury, as the case may be) and upon such trial convicted, I have adjudged that A. B. (be imprisoned in the jail of this county for ___ days and that A. B. pay the costs of the action, taxed at $___ or that A. B. pay a fine of $___ and such costs and be imprisoned in such jail until such fine and costs are paid, not exceeding ___ days, as the case may be).

C. D., Justice of the Peace

[_________________________________________________________________]

[If the defendant has pleaded guilty or no contest, instead of using the words commencing "having thereupon pleaded" and ending "upon such trial convicted," the entry shall state as follows: "and having been thereof duly convicted upon a plea of guilty, or having been thereof duly convicted upon a plea of no contest."] Any judgment rendered by a justice court on an offense that imposes a monetary obligation must comply with ORS 137.071 and 137.073.

SECTION 40. ORS 156.230 is amended to read:

156.230. [Within 20 days from the entry of judgment, the justice shall cause a certified transcript thereof to be filed in the office of the county clerk of the county and to be recorded in the County Clerk Lien Record.] Money judgments rendered by the court may be enforced in the manner provided by section 2 of this 1999 Act.

SECTION 41. ORS 156.240 is amended to read:

156.240. An entry of judgment [and the transcript thereof made or filed as provided in ORS 156.220 and 156.230,] or a certified copy of [either,] the judgment is conclusive evidence of the facts stated therein.

SECTION 42. ORS 156.250 and 156.260 are repealed.

MISCELLANEOUS ADJUSTMENTS

SECTION 43. ORS 51.120 is amended to read:

51.120. (1) The docket of a justice of the peace is a [book] record in which the justice of the peace must enter:

[(1)] (a) The title of every action or proceeding commenced in the court of the justice of the peace or before the justice of the peace, with the names of the parties thereto and the time of the commencement thereof.

[(2)] (b) The date of making or filing any pleading.

[(3)] (c) An order allowing a provisional remedy, and the date of issuing and returning the summons or other process.

[(4)] (d) The time when the parties or either of them appears, or their failure to do so.

[(5)] (e) Every postponement of a trial or proceeding, and upon whose application, and to what time.

[(6)] (f) The demand for a jury, if any, and by whom made; the order for a jury, and the time appointed for trial.

[(7)] (g) The return of an order for a jury, the names of the persons impaneled and sworn as a jury, and the names of all witnesses sworn, and at whose request.

[(8)] (h) The verdict of the jury, and when given; and if the jury disagree and are discharged without giving a verdict, a statement of such disagreement and discharge.

[(9)] (i) The judgment of the court, and when given.

(j) The date on which any judgment is docketed in the docket.

[(10)] (k) The fact of an appeal having been made and allowed, and the date thereof, with a memorandum of the undertaking, and the justification of the sureties.

[(11)] (L) Satisfaction of the judgment or any part thereof.

[(12)] (m) A memorandum of all orders relating to the admission of bail, taking bail, or commitment for want thereof.

[(13)] (n) All other matters which may be material or specially required by any statute.

(2) The docket of a justice court may be maintained in electronic form.

SECTION 43a. ORS 87.450 is amended to read:

87.450. (1) When an attorney claims a lien under ORS 87.445, if the judgment or decree is for a sum of money only, the attorney must file a notice of claim of lien with the clerk of the court that issues the judgment or decree within three years after the judgment or decree is given. The clerk shall enter the notice in the records of the action or suit and shall also make a note of the filing of the notice in the judgment docket of the court.

(2) When an attorney files a notice of claim of lien under subsection (1) of this section, the attorney shall send forthwith a copy of the notice to the client by registered or certified mail sent to the client at the last-known address of the client.

(3) A lien under ORS 87.445 on a judgment or decree for a sum of money only remains a lien on that judgment or decree for as long as the judgment or decree remains valid under ORS 18.360 or section 17 of this 1999 Act.

(4) For purposes of this section, a "judgment or decree for a sum of money only" does not include a decree or order for the payment of money for the support of any person under ORS 107.095, 107.105, 108.120, 109.155, 419B.400 or 419C.590.

SECTION 44. ORS 659.070 is amended to read:

659.070. Any conciliation agreement or order issued by the Commissioner of the Bureau of Labor and Industries under ORS 659.060 may be enforced by mandamus or injunction or by a suit in equity to compel specific performance of such order. Any such agreement or order [which] that awards money damages, unless paid, shall constitute a judgment and may be [filed in accordance with the provisions of ORS 18.320 to 18.370. Execution may be issued upon the order in the same manner as execution upon a judgment in a court of record] recorded in the County Clerk Lien Record pursuant to ORS 205.125 and may be enforced as provided in ORS 205.126.

ELIMINATION OF RECORDER'S COURTS AND POLICE JUDGES

SECTION 45. Section 46 of this 1999 Act is added to and made a part of ORS chapter 221.

SECTION 46. Any city of this state may establish a municipal court by charter or by ordinance.

SECTION 47. ORS 138.050 is amended to read:

138.050. (1) A defendant who has pleaded guilty or no contest may only take an appeal from a judgment or order described in ORS 138.053 where the disposition:

(a) Exceeds the maximum allowable by law; or

(b) Is unconstitutionally cruel and unusual.

(2) If the judgment or order described under ORS 138.053 is in the:

(a) Circuit court, the appeal shall be taken to the Court of Appeals.

(b) Justice court or municipal court [or city recorder's court], the appeal shall be taken to the circuit court for the county.

(3) On appeal under subsection (1) of this section, the appellate court shall only consider whether the disposition:

(a) Exceeds the maximum allowable by law; or

(b) Is unconstitutionally cruel and unusual.

(4) If the appellate court determines the disposition imposed does exceed the maximum allowable by law or is unconstitutionally cruel and unusual, the appellate court shall direct the court from which the appeal is taken to impose the disposition which should be imposed.

SECTION 48. ORS 156.705 is amended to read:

156.705. Justices of the peace [and police judges] shall have concurrent jurisdiction over all offenses committed under ORS 167.315 to 167.330 and 167.340.

SECTION 49. ORS 203.810 is amended to read:

203.810. (1) As used in this section:

(a) "County law" means a county charter adopted pursuant to ORS 203.710 to 203.770 and legislation passed by a charter county or any ordinance enacted by a general law county.

(b) "County offense" means any crime or offense defined or made punishable by county law.

(2) Except as may be provided otherwise by county law:

(a) The justice courts and circuit court for a county have jurisdiction of county offenses to the same extent as such courts have jurisdiction of crimes or offenses defined or made punishable by state law, as determined by the maximum punishment which may be imposed therefor.

(b) The district attorney shall prosecute county offenses unless the county governing body elects to have the prosecution of such offenses conducted by a county counsel appointed pursuant to ORS 203.145.

(c) The practice and procedure as to the prosecution, trial and punishment of county offenses shall be the same as in the case of similar crimes or offenses defined or made punishable by state law.

(3) Except as may be provided otherwise by county law and subject to limitations on its civil jurisdiction under state law, the justice court and circuit court for a county have jurisdiction of a civil proceeding maintained by a county under ORS 30.310 or 30.315, including a proceeding to abate or enjoin any act or condition that is declared to be a nuisance by an ordinance of the county.

(4) [If fines, costs or bail are not paid by a defendant within 60 days after payment is ordered by a court, the defendant is personally liable to the county for the amount of the unpaid fines, costs or bail. The county may file and docket the order for payment with the clerk of the circuit court. The order for payment may thereafter be enforced as a judgment of the circuit court.] Judgments based on county offenses may be enforced in the manner provided by section 2 of this 1999 Act.

SECTION 50. ORS 221.348 is amended to read:

221.348. No judge of a municipal [or city recorder's] court having two or more judges shall hear to try any action, matter or proceeding if a party thereto or an attorney appearing therein moves the court for a change of judge on grounds of prejudice. The motion shall be supported by an affidavit stating that the judge before whom the action, matter or proceeding is pending is prejudiced against the party or attorney, and that the affiant or the client of the affiant cannot or believes that the affiant or the client of the affiant cannot have a fair and impartial trial or hearing before the judge, and that such motion is not filed for the purpose of delay. The motion shall be filed before the action, matter or proceeding is to be tried or heard. No party or attorney shall make more than one application in any action, matter or proceeding.

SECTION 51. ORS 221.349 is amended to read:

221.349. (1) In all prosecutions for any crime defined and made punishable by any city charter or ordinance the defendant shall have the right of trial by jury, of six in number. Juries shall be selected from the latest tax roll and registration books used at the last city election in the same manner in which juries are selected for circuit courts. The verdict of the jury shall be unanimous.

(2) Where provision is made for the payment of jury fees by the defendant as a deposit to [insure] ensure a jury trial, and where the defendant is found not guilty, the deposit shall be returned to the defendant.

(3) The deposit required by the municipal[, city or recorder's] court to [insure] ensure the right of trial by jury, under the charter of the city, shall not be greater than that provided by ORS 10.060 in relation to justice courts for payment for each juror sworn multiplied by the number of jurors constituting a jury under the terms of the charter.

SECTION 52. ORS 221.380 is amended to read:

221.380. From an order declaring a charter or ordinance provision invalid, the city may appeal from the municipal [or recorder's] court to the circuit court for the county in which the city has its legal situs and maintains its seat of city government; and, from such order by a circuit court, may appeal to the Court of Appeals, in the same manner as appeals are taken in criminal cases to such courts. Upon the order of the appellate court upon such issue the case shall be remanded with direction. If a city so appeals, pending the appellate decision thereon, the defendant shall be released, with or without bond, for reappearance at the discretion of the trial court, until such time as the case is remanded.

SECTION 53. ORS 221.902 is amended to read:

221.902. (1) The mayor, aldermen, recorder, treasurer, and marshal of a municipal corporation organized under sections 1 to 6, pages 119 to 123, Oregon Laws 1893, shall be elected to two-year terms by the electors of the city. Each term of office commences on the first Monday in January next following the general election and expires on the day immediately preceding the first Monday in January next following the subsequent general election.

(2) The council may appoint an attorney, a superintendent of streets, a civil engineer, a municipal judge and police and other subordinate officers, and fix their compensation. These officers shall hold office during the pleasure of the council.

SECTION 54. ORS 221.918 is amended to read:

221.918. The recorder referred to in ORS 221.901 shall [have jurisdiction over violations of city ordinances, and may hold to bail, fine, or commit persons found guilty thereof, and within the city shall have jurisdiction and powers like a justice of the peace. The law governing justices of the peace shall apply as far as applicable to all the proceedings of the recorder. The recorder shall try, without a jury, all persons accused of violating the ordinances; unless the defendant on demanding a jury deposits in the court a sum sufficient to pay the per diem of such jury for one day. Witnesses in the court of the recorder in such trials shall be entitled to no compensation for their attendance unless the council by ordinance otherwise provides. As recorder, the recorder may punish witnesses and others for contempt, by a fine not to exceed $10, or in default of payment of such fine by imprisonment in the city jail one day for every $2 of such fine. The recorder shall] keep a journal of the proceedings of the council, and be ex officio assessor, and perform such other duties as required by ORS 221.901 to 221.928 or city ordinances.

SECTION 55. ORS 222.700 is amended to read:

222.700. (1) The merger shall not affect any suits, actions or proceedings pending in any court in which the city surrendering its charter is a party, but all such suits, actions and proceedings shall be defended or prosecuted to termination by the city into which it is merged. All suits, actions and proceedings pending in the municipal[, city or recorder's] court of the city surrendering its charter shall be transferred to the municipal[, city or recorder's] court of the city into which it is merged.

(2) The merger shall not affect any proceedings for the opening, widening or extension of any street or for any street improvement or sewer pending at the time of the election in the merged city, but the proceedings shall be continued and all provisions of the charter and ordinances of the merged city shall remain in effect so far as they may affect any matter set out in this section.

SECTION 56. ORS 448.320 is amended to read:

448.320. The municipal [or recorder's] court of any city passing an ordinance under authority of ORS 448.300 or 448.305 and the justice court and circuit court of the county wherein such city is located or in which the watershed area is located shall have concurrent jurisdiction to try and determine any prosecution brought under such ordinance. If prosecution is had in a justice court or a circuit court, the court shall remit to the city, after deducting court costs, the amount of any fine collected, except as otherwise provided by ORS 3.136 (2). If a jail term is imposed, the convicted person shall be confined in the city jail or in the county jail and if confined in the county jail the county shall be entitled to recover from the city the actual costs of such incarceration.

SECTION 57. ORS 471.670 is amended to read:

471.670. (1) Except as provided in subsection (2) of this section, all fines imposed by any judge, magistrate or court in the enforcement of the Liquor Control Act or the Oregon Distilled Liquor Control Act shall be forwarded immediately to the county treasurer of the county in which such conviction is had. The county treasurer shall keep the same in a separate fund designated as an enforcement fund. All warrants for any expenditures in the enforcement of that statute, which have been approved by the district attorney of said county, shall be drawn on this fund. All claims shall be verified by the claimants or persons having knowledge or supervision of the expenditures and shall be audited by the county court in the usual manner before presentation for payment thereof. When the enforcement fund exceeds the amount paid to satisfy the total of all claims made against it during the preceding calendar year, the excess amount shall be paid to the general fund of such county by the county treasurer on June 30 and December 31 of each year.

(2) Any fine imposed or collected by a [police or] municipal judge [or recorder of any city] may be retained by the municipality and shall be paid over and become a part of the city's general fund.

SECTION 58. ORS 472.320 is amended to read:

472.320. All fines imposed by any judge, magistrate or court in the enforcement of this chapter shall be forwarded immediately to the county treasurer of the county in which such conviction is had, and it shall be the duty of such county treasurer to keep the same in a separate fund which shall be designated as an enforcement fund, and against which fund shall be drawn all warrants for any expenditures in the enforcement of this chapter which shall have been approved by the district attorney of said county. All claims shall be verified by the claimants or persons having knowledge or supervision of the expenditures thereof, and shall be audited by the county court in the usual manner before presentation for the payment thereof; when such enforcement fund shall exceed the amount paid to satisfy the total of all claims made against such fund during the calendar year immediately preceding, the excess amount thereof shall be paid over to the general fund of such county semiannually by the county treasurer on June 30 and December 31 of each and every year; provided, that any fine imposed or collected by [police or] a municipal judge[, or recorder of any city or town,] within the State of Oregon may be retained by said municipality and shall be paid over and become a part of the general fund of such city or town.

SECTION 59. ORS 472.990 is amended to read:

472.990. (1) Any person or persons who shall violate any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $500, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment, in the discretion of the court, and for a second or subsequent violation of any kind of the provisions of this chapter, such person shall, upon conviction, be punished by a fine of not more than $1,000, or by imprisonment in the county jail for not more than one year, or both, in the discretion of the court.

(2) [All police or] Municipal judges [or recorders of any city or town], [or] justices of the peace[, or] and circuit courts [shall] have concurrent jurisdiction of all violations of the provisions of this chapter committed within their respective city, [town,] county or district.

SECTION 60. ORS 810.340 is amended to read:

810.340. (1) All proceedings concerning traffic offenses shall conform to the provisions of the vehicle code, rules adopted under ORS 1.520 and those provisions of ORS chapter 153 relating to traffic offenses.

(2) All circuit courts, [police judges or recorders of any city or town or] municipal courts and justices of the peace [or district judges of the county shall] have concurrent jurisdiction, within their respective city[, town,] or county [or district], of all violations of the provisions of the vehicle code relating to financial responsibility requirements or the suspension of driving privileges or registration.

RECORDING FEES FOR SATISFACTIONS

OF JUDGMENT

SECTION 61. If House Bill 2139 becomes law, section 15, chapter 796, Oregon Laws 1989, as amended by section 3, chapter 701, Oregon Laws 1999 (Enrolled House Bill 2139), is amended to read:

Sec. 15. (1) Notwithstanding ORS 205.320, and in addition to and not in lieu of the fees charged and collected under ORS 205.320 and other fees, the following fees shall be charged and collected for the recording or filing of any instrument described in ORS 205.130:

(a) A fee of $1, to be credited as provided in subsection (3)(a) of this section; and

(b) A fee of $10, to be credited as provided in subsection (3)(b) of this section.

(2) Subsection (1) of this section does not apply to the recording or filing of the following:

(a) Evidence of authority to solemnize marriages under ORS chapter 106;

(b) Instruments that are otherwise exempt from recording or filing fees under any provision of law; [or]

(c) Any satisfaction of judgment or certificate of satisfaction of judgment; or

[(c)] (d) Internal county government instruments not otherwise charged a recording or filing fee.

(3) Of the amounts charged and collected under this section:

(a) The recording or filing fee charged and collected under subsection (1)(a) of this section shall be deposited and credited to the Oregon Land Information System Fund established under section 7 [of this 1999 Act], chapter 701, Oregon Laws 1999 (Enrolled House Bill 2139); and

(b) Of the recording or filing fee charged and collected under subsection (1)(b) of this section, five percent shall be credited for the benefit of the county and 95 percent shall be deposited and credited to the County Assessment and Taxation Fund created under section 7, chapter 796, Oregon Laws 1989.

APPLICABILITY

SECTION 62. (1) The repeal of ORS 52.630 by section 3 of this 1999 Act does not affect any judgment docketed in a circuit court under the provisions of ORS 52.630 (1997 Edition) before the effective date of this 1999 Act.

(2) Any judgment rendered by a justice court before the effective date of this 1999 Act that was not docketed in the circuit court under the provisions of ORS 52.630 (1997 Edition) before the effective date of this 1999 Act may become a lien on real property only in the manner provided by section 4 of this 1999 Act. Any judgment rendered in a justice court on or after the effective date of this 1999 Act may become a lien on real property only in the manner provided by section 4 of this 1999 Act.

(3) Sections 2 (4) and 8 (3) of this 1999 Act and the amendments to ORS 156.220 by section 39 of this 1999 Act (relating to judgments that impose monetary obligations) apply only to judgments docketed in justice and municipal courts on or after the effective date of this 1999 Act.

(4) Except as provided in subsection (5) of this section, sections 8 and 9 of this 1999 Act apply only to judgments issued by municipal courts on or after the effective date of this 1999 Act.

(5) A judgment issued by a municipal court before the effective date of this 1999 Act may be enforced in the manner provided by sections 8 and 9 of this 1999 Act if:

(a) The municipal court has registered with the Department of Revenue in the manner required by section 7 of this 1999 Act;

(b) The municipal court has established a docket that conforms to the requirements in section 10 of this 1999 Act;

(c) The judgment has not expired under the provisions of section 17 of this 1999 Act and has been docketed in the docket of the municipal court; and

(d) Before the docketing of the judgment, the judgment debtor has been given written notice of the docketing, by personal service or certified mail, return receipt requested, and has been afforded an opportunity to be heard.

(6) The amendments to ORS 23.164, 23.240 and 23.445 by sections 11a, 12a and 13 of this 1999 Act apply to all executions issued on judgments, whether those judgments were rendered before, on or after the effective date of this 1999 Act.

(7) Except as provided in subsection (2) of this section, sections 15, 16 and 17 of this 1999 Act apply to all judgments of justice and municipal courts, whether those judgments were rendered before, on or after the effective date of this 1999 Act.

SECTION 63. The unit and section captions used in this 1999 Act are provided only for the convenience of the reader and do not become part of the statutory law of this state or express any legislative intent in the enactment of this 1999 Act.

Approved by the Governor July 20, 1999

Filed in the office of Secretary of State July 20, 1999

Effective date October 23, 1999

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