Chapter 18 — Judgments
2011 EDITION
JUDGMENTS
PROCEDURE IN CIVIL PROCEEDINGS
DEFINITIONS
18.005 Definitions
18.015 Statutory
references to decrees and judgments
APPLICATION
18.025 Courts
subject to chapter
GENERAL PROVISIONS RELATING TO JUDGMENTS
18.028 Authority
of Chief Justice
18.029 Effect
of chapter on use of judgment
18.031 Contents
of supplemental judgments
FORM OF JUDGMENT DOCUMENT
18.035 Preparation
of judgment document
18.038 Form
of judgment document generally
18.042 Judgment
in civil action that includes money award
18.048 Judgment
in criminal action that contains money award
18.049 Adjustments
to money awards
18.052 Duty
of judge with respect to form of judgment document
18.058 Duty
of court administrator with respect to form of judgment document
18.062 Use
of electronic judgment forms
ENTRY OF JUDGMENTS IN REGISTER
18.075 Entry
of judgments in circuit courts generally
18.078 Notice
of entry of judgment in circuit court civil action
18.082 Effect
of entry of judgment
CORRECTIONS TO JUDGMENTS
18.107 Corrections
to civil judgments
18.112 Correction
of designation of judgment as general judgment
JUDGMENT LIENS
18.150 Judgment
liens in circuit courts
18.152 Establishing
judgment liens in other counties
18.154 Appeal;
motion to eliminate lien
18.158 Judgment
lien based on judgment for child support or spousal support entered in another
state
18.162 Judgment
lien based on justice and municipal court judgments; satisfaction filing fee
18.165 Priority
of judgment lien over unrecorded conveyance
18.170 Form
for lien record abstract; rules
EXPIRATION AND EXTENSION OF JUDGMENT
REMEDIES
18.180 Expiration
of judgment remedies in circuit court
18.182 Extension
of judgment remedies
18.185 Extension
of judgment lien of spousal support award
18.190 Spousal
support awards in judgments entered before January 1, 2004
18.192 Child
support awards in judgments entered before January 1, 1994
18.194 Expiration
and extension of judgment remedies for justice and municipal court judgments
RELEASE OF LIEN
18.200 Release
of lien
18.202 Reinstatement
of lien
ASSIGNMENT OF JUDGMENT
18.205 Assignment
of judgment
SATISFACTION OF MONEY AWARDS
18.225 Satisfaction
of money awards generally
18.228 Satisfaction
of support awards payable to Department of Justice
18.232 Alternate
method for satisfaction of support awards payable to Department of Justice
18.235 Motion
to satisfy money award
18.238 Proceedings
after discharge in bankruptcy
CONTRIBUTION
18.242 Contribution
among judgment debtors; subrogation of surety
APPEAL
18.245 Jurisdictional
requirements
ENFORCEMENT OF JUDGMENTS
(Generally)
18.252 Execution
18.255 Enforcement
of judgment by circuit court for county where debtor resides
(Proceedings in Support of Execution)
18.265 Debtor
examination
18.268 Conduct
of debtor examination; seizure of property
18.270 Written
interrogatories
EXEMPT PROPERTY
(Generally)
18.300 Resident
not entitled to federal bankruptcy exemptions
18.305 Property
not exempt from execution for purchase price
18.312 Execution
not to issue against property of deceased party; exception
18.318 Execution
against property in possession or control of public officer or agency
18.322 Adjudication
of claim of exemption
(Personal Property)
18.345 Exempt
personal property generally
18.348 Certain
funds exempt when deposited in account; limitation
18.352 Proceeds
of casualty and indemnity insurance attachable on execution
18.358 Certain
retirement plans exempt from execution; exceptions
18.362 Exemption
for firearms
18.364 Prohibition
on demanding firearms
(Wages)
18.375 Definitions
18.385 Wage
exemption
(Homesteads)
18.395 Homestead
exemption
18.398 Denial
of homestead exemption when judgment is for child support
18.402 Limitations
on homestead exemption
18.406 Exemption
not applicable to certain liens, mortgages and interests
18.412 Notice
of intent to discharge judgment lien against homestead
18.415 Objections
to discharge; hearing
18.422 Release
of judgment lien
WRITS OF GARNISHMENT
(Definitions)
18.600 Definitions
(Garnishment Generally)
18.602 Garnishment
described
18.605 Debts
subject to garnishment; when writ may be issued on debt
18.607 Form
of writ; single writ for two or more debtors
18.609 Validity
of writ after issuance
18.610 Court
with authority over writ
(Garnishable Property)
18.615 Garnishable
property generally
18.618 Property
not subject to garnishment
18.620 Setoff
for certain amounts payable to underlying lienholders
(Duration of Writ’s Effect)
18.625 Duration
of writ’s effect
18.627 Multiple
writs
(Persons Authorized to Issue Writs)
18.635 Who
may issue writs
(Writs Issued by Court Administrators)
18.638 Writs
issued by court administrators generally
18.640 Grounds
for denying issuance of writ
(Writs Issued by Division of Child Support
or District Attorney)
18.645 Writs
issued by Division of Child Support or district attorney; rules
(Delivery of Writ)
18.650 Items
required to be delivered to garnishee
18.652 Manner
of delivery; delivery fee
18.655 Proper
person to receive writ
18.658 Documents
to be delivered to debtor
(Duties of Garnishee Generally)
18.665 Duties
generally
18.668 Immunity
by payment to court administrator or delivery to sheriff
18.670 Exceptions
to garnishee’s duties
18.672 Duties
of personal representative who is garnished
(Garnishee Response)
18.680 Response
required; time
18.682 When
response not required
18.685 Contents
of response; manner of making payment
18.688 Response
of garnishee who is employer of debtor
18.690 Delivery
of garnishee response
18.692 Supplemental
garnishee response
(Challenge to Garnishment)
18.700 Manner
of making challenge to garnishment
18.702 Notice
to garnishor and garnishee of challenge to garnishment
18.705 Duties
of garnishor and creditor created by challenge to garnishment
18.708 Duties
of garnishee created by challenge to garnishment
18.710 Hearing
on challenge to garnishment
18.712 Allowance
or denial of challenge
18.715 Sanctions
18.718 Special
procedures for writs issued for past due support
(Claim by Person Other Than Debtor)
18.725 Claim
by person other than debtor for all or part of garnished property
(Payment of Money Under Writ Generally)
18.730 Payment
of money under writ; garnishor’s duty to hold payments
18.732 Money
owed to debtor that is due within 45 days
(Payment of Nonexempt Wages)
18.735 Payment
of wages subject to garnishment
18.736 Processing
fee
(Payments Made to Court Administrator)
18.738 Acceptance
or rejection of payments by court administrator
18.740 Payments
erroneously sent to court
(Crediting of Payments)
18.742 Crediting
of payments against debt
18.745 Excess
payments
(Property Subject to Sale by Sheriff)
18.750 Application
of ORS 18.750 to 18.760
18.752 Garnishee
duties
18.755 Request
for sale; sheriff’s fees
18.758 Sheriff’s
sale
18.760 Challenge
to garnishment
(Release of Garnishment)
18.770 Release
of garnishment
(Sanctions Against Noncomplying
Garnishee)
18.775 Liability
of garnishee
18.778 Order
to appear
18.780 Pleadings;
default judgment
18.782 Hearing
(Financial Institution as Garnishee)
18.784 Certain
financial institution deposits not subject to garnishment; garnishment account
review
18.785 Duties
of financial institution; notice to account holder
18.787 Liability
of financial institution
18.788 Compliance
records
18.790 Search
fee; garnishment processing fee
18.792 Safe
deposit boxes
18.795 Setoff
for amounts owing to financial institution
18.798 Effect
of garnishment served on financial institution
(Writs Issued to Enforce Agency Orders
or Warrants)
18.800 Special
procedures for writs issued to enforce agency orders or warrants
(Use of Writ for Provisional Process)
18.810 Use
of writ for provisional process
(Forms)
18.830 Writ
of garnishment form
18.832 Debt
calculation form
18.835 Garnishee
response form
18.838 Instructions
to garnishee form
18.840 Wage
exemption calculation form
18.842 Release
of garnishment form
18.845 Notice
of exemptions form; instructions for challenge to garnishment
18.847 Notice
to debtor of garnishment account review
18.850 Challenge
to garnishment form
NOTICES OF GARNISHMENT
18.854 Notices
of garnishment generally
18.855 Notices
of garnishment issued by state agencies
18.857 Notice
of garnishment issued by county tax collector
WRITS OF EXECUTION
(Function and Form of Writ)
18.860 Function
of writ
18.862 Form
of writ
(Issuance of Writ)
18.865 Court
administrator to issue writ
18.867 Issuance
of writs for certain judgments awarding child support
18.868 Sheriff
to whom writ is issued
18.870 Recording
of writ
(Return on Writ)
18.872 Return
on writ of execution
(Instructions to Sheriff)
18.875 Instructions
to sheriff
(Levy)
18.878 Manner
of levying on property
18.880 Alternative
procedure for levying on tangible personal property
18.882 Criminal
penalty for moving, using or damaging secured property
18.884 Levying
on intangible personal property
18.886 Creditor’s
bond
18.887 Forcible
entry for purpose of levying on personal property
18.888 Notice
of levy
18.890 Debtor’s
bond
(Challenge to Writ of Execution)
18.892 Challenge
to writ of execution
18.894 Notice
of challenge to execution
18.896 Challenge
to execution form
18.898 Hearing
on challenge to execution
18.899 Sanctions
EXECUTION SALE
(Residential Property)
18.901 Definition
of residential property
18.904 Order
required for sale of residential property; exceptions
18.906 Motion
for order authorizing sale of residential property
18.908 Notice
of motion for order authorizing sale of residential property
18.912 Hearing
on motion for order authorizing sale of residential property
(Notice of Sale)
18.918 Person
entitled to written notice of sale
18.920 Notice
of sale of personal property
18.922 Expedited
sale of perishable personal property; expedited sale to prevent loss of value
18.924 Notice
of sale of real property
18.926 Legal
notices website; posting fee
(Conduct of Execution Sale)
18.930 Conduct
of sale generally; county fee
18.932 Postponement
of sale; rules
18.934 Amount
of property to be sold; sheriff and deputies may not purchase
18.936 Bid
by judgment creditor
18.938 Manner
of payment
18.940 Bill
of sale for personal property
18.942 Sheriff’s
certificate of sale for real property
18.944 Notice
of completed sale
18.946 Possession
after sale; right to rents or value of use
18.948 Confirmation
of sale of real property
18.950 Delivery
and distribution of proceeds
18.952 Effect
of sale on judgment debtor’s or mortgagor’s title; effect of redemption by
judgment debtor or mortgagor
18.954 Conduct
of sale pursuant to court rule or terms of order or judgment
(Redemption)
18.960 Definitions
18.962 Property
that may be redeemed
18.963 Who
may redeem
18.964 Time
for redemption
18.966 Redemption
amount payable to purchaser
18.967 Redemption
amount payable to redemptioner
18.968 Setoff
for rents, income and profits realized by certificate holder; certificate
holder’s lien for crops and amounts expended to prevent waste
18.970 Redemption
notice
18.971 Objection
to redemption notice
18.972 Response
to redemption notice
18.973 Objection
to response
18.975 Payment
of redemption amount
18.978 Court
proceedings on objections
18.980 Accounting
18.981 Manner
of payment
18.982 Redemptioner
must provide sheriff with address
(Waste)
18.983 Court
may restrain waste
(Sheriff’s Deed)
18.985 Sheriff’s
deed
SPECIAL RULES FOR SPECIFIC TYPES OF
PROPERTY
18.986 Manufactured
dwellings and floating homes
18.987 Purchaser’s
interest in land sale contract; leasehold interest in land with unexpired term
of more than two years
18.988 Seller’s
right to receive payments under land sale contract
18.989 Equitable
interests in property
MISCELLANEOUS
18.992 Referral
of disputes to court
18.993 Effect
of ORS 18.860 to 18.993 on court’s ability to direct seizure
18.999 Recovery
of expenses incurred in enforcing judgment and certain other monetary
obligations
DEFINITIONS
18.005 Definitions.
As used in this chapter:
(1)
“Action” means any proceeding commenced in a court in which the court may
render a judgment.
(2)
“Child support award” means a money award or agency order that requires the
payment of child support and that is entered under ORS 108.010 to 108.550,
416.310 to 416.340, 416.400 to 416.465, 416.510 to 416.990, 419B.400 or 419C.590
or ORS chapter 25, 107, 109 or 110.
(3)
“Civil action” means any action that is not a criminal action.
(4)
“Court administrator” means a trial court administrator in a circuit court that
has a trial court administrator and the clerk of the court in all other courts.
(5)
“Criminal action” has the meaning given in ORS 131.005.
(6)
“Execution” means enforcement of the money award portion of a judgment or
enforcement of a judgment requiring delivery of the possession or sale of
specific real or personal property, by means of writs of execution, writs of
garnishment and other statutory or common law writs or remedies that may be
available under the law.
(7)
“General judgment” means the judgment entered by a court that decides all
requests for relief in the action except:
(a)
A request for relief previously decided by a limited judgment; and
(b)
A request for relief that may be decided by a supplemental judgment.
(8)
“Judgment” means the concluding decision of a court on one or more requests for
relief in one or more actions, as reflected in a judgment document.
(9)
“Judgment document” means a writing in the form provided by ORS 18.038 that
incorporates a court’s judgment.
(10)
“Judgment lien” means:
(a)
The effect of a judgment on real property as described in ORS 18.150 (2) and
(3) for the county in which the judgment is entered, and as described in ORS
18.152 (2) and (3) for a county in which the judgment is recorded under ORS
18.152; and
(b)
A support arrearage lien attaching to real property under ORS 18.150 (3) or
18.152 (3).
(11)
“Judgment remedy” means:
(a)
The ability of a judgment creditor to enforce a judgment through execution; and
(b)
Any judgment lien arising under ORS 18.150 or 18.152.
(12)
“Legal authority” means:
(a)
A statute;
(b)
An Oregon Rule of Civil Procedure;
(c)
A rule or order of the Chief Justice of the Supreme Court adopted under ORS
18.028; and
(d)
All controlling appellate court decisions in effect December 31, 2003.
(13)
“Limited judgment” means:
(a)
A judgment entered under ORCP 67 B or 67 G;
(b)
A judgment entered before the conclusion of an action in a circuit court for
the partition of real property, defining the rights of the parties to the
action and directing sale or partition;
(c)
An interlocutory judgment foreclosing an interest in real property; and
(d)
A judgment rendered before entry of a general judgment in an action that
disposes of at least one but fewer than all requests for relief in the action
and that is rendered pursuant to a legal authority that specifically authorizes
that disposition by limited judgment.
(14)
“Money award” means a judgment or portion of a judgment that requires the
payment of money.
(15)
“Person” includes a public body as defined in ORS 174.109.
(16)
“Request for relief” means a claim, a charge in a criminal action or any other
request for a determination of the rights and liabilities of one or more
parties in an action that a legal authority allows the court to decide by a
judgment.
(17)
“Supplemental judgment” means a judgment that may be rendered after a general
judgment pursuant to a legal authority.
(18)
“Support arrearage lien” means a lien that attaches to real property under the
provisions of ORS 18.150 (3) or 18.152 (3).
(19)
“Support award” means a money award or agency order that requires the payment
of child or spousal support. [2003 c.576 §1; 2005 c.542 §55; 2005 c.568 §4]
Note:
Section 7, chapter 568, Oregon Laws 2005, provides:
Sec. 7.
Sections 2 [18.245] and 6 [18.029] of this 2005 Act and the amendments to ORS
18.005 by section 4 of this 2005 Act apply to all judgments entered on or after
January 1, 2004. [2005 c.568 §7]
Note:
Sections 45 and 569 (1) and (2), chapter 576, Oregon Laws 2003, provide:
Sec. 45. (1)
Except as provided by this section or by sections 1 to 44 of this 2003 Act [ORS
chapter 18], sections 1 to 44 of this 2003 Act apply only to judgments entered
on or after the effective date of this 2003 Act [January 1, 2004]. Nothing in
this 2003 Act affects the validity, lien effect or enforceability of any
judgment or decree entered before the effective date of this 2003 Act. Nothing
in this 2003 Act affects the validity, lien effect or enforceability of any
order or warrant docketed or recorded before the effective date of this 2003 Act.
Except as provided by this section or sections 1 to 44 of this 2003 Act, any
judgment or decree entered before the effective date of this 2003 Act, and any
order or warrant docketed or recorded before the effective date of this 2003
Act, shall continue to be governed by the law in effect on the day immediately
preceding the effective date of this 2003 Act.
(2)
Section 12 of this 2003 Act [18.107] applies to any corrected judgment entered
on or after the effective date of this 2003 Act, without regard to whether the
original judgment is entered before, on or after the effective date of this
2003 Act.
(3)
A judgment creditor may create a judgment lien for a judgment in a county other
than the county in which a judgment is entered in the manner provided by section
15 of this 2003 Act [18.152] without regard to whether the judgment is entered
before, on or after the effective date of this 2003 Act.
(4)
Section 17 of this 2003 Act [18.158] applies to all judgments, whether entered
before, on or after the effective date of this 2003 Act.
(5)
Except as provided in sections 21 [18.190] and 22 [18.192] of this 2003 Act,
sections 18 [18.180] and 19 [18.182] of this 2003 Act apply to all judgments,
whether entered before, on or after the effective date of this 2003 Act.
Notwithstanding section 19 of this 2003 Act, any order of renewal entered
before the effective date of this 2003 Act may be recorded in the manner
provided by section 19 (6) of this 2003 Act with the effect provided by section
15 (4) of this 2003 Act.
(6)
Section 23 of this 2003 Act [18.200] applies to the release of any judgment
lien after the effective date of this 2003 Act, without regard to whether the
judgment was entered before, on or after the effective date of this 2003 Act.
(7)
Section 24 of this 2003 Act [18.205] applies to the assignment of any judgment
after the effective date of this 2003 Act, without regard to whether the
judgment was entered before, on or after the effective date of this 2003 Act.
(8)
Section 25 of this 2003 Act [18.225] applies to any satisfaction of judgment
filed with a court on or after the effective date of this 2003 Act, without
regard to whether the judgment was entered before, on or after the effective
date of this 2003 Act.
(9)
Sections 26 [18.228] and 27 [18.232] of this 2003 Act apply to all judgments,
whether entered before, on or after the effective date of this 2003 Act.
(10)
Section 28 of this 2003 Act [18.235] applies to any motion for an order
declaring that a money award has been satisfied, or to determine the amount
necessary to satisfy a money award, filed with a court on or after the
effective date of this 2003 Act, without regard to whether the judgment was
entered before, on or after the effective date of this 2003 Act.
(11)
Sections 29 [18.252] and 30 [18.255] of this 2003 Act apply to execution on any
judgment, without regard to whether the judgment was entered before, on or
after the effective date of this 2003 Act.
(12)
Sections 31 [18.265] and 32 [18.268] of this 2003 Act apply to any motion for a
debtor examination made on or after the effective date of this 2003 Act,
without regard to whether the judgment was entered before, on or after the
effective date of this 2003 Act.
(13)
Section 33 of this 2003 Act [18.270] applies to any written interrogatories
served on or after the effective date of this 2003 Act, without regard to
whether the judgment was entered before, on or after the effective date of this
2003 Act.
(14)
Sections 34 to 44 of this 2003 Act [18.465 to 18.476 and 18.492 to 18.518, both
2003 Edition] apply to any writ of execution issued on or after the effective
date of this 2003 Act, without regard to whether the judgment was entered
before, on or after the effective date of this 2003 Act. [2003 c.576 §45]
Sec. 569.
(1) Except as specifically provided by this 2003 Act, the deletions of
statutory references to decrees and the substitutions of references to
judgments that are made by the provisions of this 2003 Act do not affect the
determination as to whether a person has a right to a jury trial, the scope of
review of the court’s decision under ORS 19.250, or any other procedural or
substantive aspect of the proceedings giving rise to the court’s decision in an
action.
(2)
Except as specifically provided by this 2003 Act, the elimination of statutory
references to dockets by this 2003 Act does not affect the validity, lien
effect or enforceability of any judgment docketed before the effective date of
this 2003 Act [January 1, 2004]. [2003 c.576 §569(1),(2)]
18.010
[Amended by 1977 c.208 §1; 1979 c.284 §50; repealed by 1981 c.898 §53]
18.015 Statutory references to decrees and
judgments. (1) References in the statutes of this
state to decrees include judgments, and references in the statutes of this
state to judgments include decrees.
(2)
References in the statutes of this state to judgments of other states include
decrees of other states, and references in the statutes of this state to
decrees of other states include judgments of other states. [2003 c.576 §1a]
18.020 [Repealed
by 1979 c.284 §199]
APPLICATION
18.025 Courts subject to chapter.
Except as specifically provided by this chapter, the provisions of this chapter
apply to circuit courts, municipal courts and justice courts and to county
courts performing judicial functions. [2003 c.576 §2]
GENERAL PROVISIONS RELATING TO JUDGMENTS
18.028 Authority of Chief Justice.
The Chief Justice of the Supreme Court by rule or order may:
(1)
Authorize or require that specified requests for relief that are not governed
by other legal authority be decided by judgment; and
(2)
Authorize or require the use of a limited or supplemental judgment for
specified requests for relief that are not governed by other legal authority. [2005
c.568 §3]
18.029 Effect of chapter on use of judgment.
The provisions of this chapter do not impose any requirement that a court use a
judgment for the court’s concluding decision on a request for relief if a legal
authority allows or requires that the court decide the request for relief by
order or other means. [2005 c.568 §6]
Note: See
first note under 18.005.
18.030
[Amended by 1973 c.207 §1; 1977 c.616 §1; repealed by 1981 c.898 §53]
18.031 Contents of supplemental judgments.
Except as provided in ORS 416.440 (6), a supplemental judgment may only contain
provisions that were not included in the general judgment. [2009 c.484 §7]
FORM OF JUDGMENT DOCUMENT
18.035 Preparation of judgment document.
(1) In a civil action, the court may designate one of the parties to prepare a
proposed judgment document. If the court does not designate a party to prepare
a proposed judgment document, the prevailing party shall prepare a proposed
judgment document. If more than one party has prevailed in the action, the
prevailing parties may agree to designate one of the prevailing parties to
prepare a proposed judgment document. Nothing in this subsection prevents any
party to a civil action from preparing and submitting a proposed judgment
document to the court.
(2)
In criminal actions and juvenile proceedings under ORS chapters 419A, 419B and
419C, the judge shall ensure that a judgment document complying with ORS 18.038
and 18.048 is created and filed. [2003 c.576 §3; 2005 c.568 §11]
18.038 Form of judgment document
generally. (1) A judgment document must be plainly
titled as a judgment.
(2)
The title of a judgment document must indicate whether the judgment is a
limited judgment, a general judgment or a supplemental judgment. This
subsection does not apply to:
(a)
Justice courts, municipal courts and county courts performing judicial
functions.
(b)
Judgments in criminal actions.
(c)
Judgments in juvenile proceedings under ORS chapters 419A, 419B and 419C.
(3)
A judgment document must be separate from any other document in the action. The
judgment document may have attached affidavits, certificates, motions,
stipulations and exhibits as necessary or proper in support of the judgment.
(4)
A judgment document must include:
(a)
The name of the court rendering the judgment and the file number or other
identifier used by the court for the action or actions decided by the judgment;
(b)
The names of any parties in whose favor the judgment is given and the names of
any parties against whom the judgment is given; and
(c)
The signature of the judge rendering the judgment, or the signature of the
court administrator if the court administrator is authorized by law to sign the
judgment document, and the date the judgment document is signed.
(5)
This section does not apply to any foreign judgment filed with a court under
ORS 24.115 or 110.405. [2003 c.576 §4; 2005 c.568 §38]
18.040
[Repealed by 1981 c.898 §53]
18.042 Judgment in civil action that
includes money award. (1) The judgment document for a
judgment in a civil action that includes a money award must contain a separate
section clearly labeled as a money award. Any judgment in a civil action that
includes a money award, but does not contain a separate section clearly labeled
as a money award, does not create a judgment lien but may be enforced by any
other judgment remedy.
(2)
The separate section required by subsection (1) of this section must include
all of the following:
(a)
The name and address of each judgment creditor and the name, address and
telephone number of any attorney who represents one or more of the judgment
creditors.
(b)
The name of each judgment debtor and, to the extent known by the judgment
creditor:
(A)
The address of each judgment debtor;
(B)
The year of birth of each judgment debtor;
(C)
The tax identification number of each judgment debtor, or the final four digits
of the Social Security number of each judgment debtor;
(D)
The final four digits of the driver license number of each judgment debtor and
the name of the state that issued the license; and
(E)
The name of any attorney for each judgment debtor.
(c)
The name of any person or public body, as defined in ORS 174.109, other than
the judgment creditor’s attorney, that is known by the judgment creditor to be
entitled to any portion of the money award.
(d)
The amount of money awarded in the judgment, exclusive of amounts required to
be included in the separate section under paragraphs (e) to (h) of this
subsection.
(e)
Any interest owed as of the date the judgment is entered in the register,
either as a specific amount or as accrual information, including the rate or
rates of interest, the balance or balances upon which interest accrues, the
date or dates from which interest at each rate on each balance runs, and
whether interest is simple or compounded and, if compounded, at what intervals.
(f)
Information about interest that accrues on the judgment after entry in the
register, including the rate or rates of interest, the balance or balances upon
which interest accrues, the date or dates from which interest at each rate on
each balance runs, and whether interest is simple or compounded and, if
compounded, at what intervals.
(g)
For monetary obligations that are payable on a periodic basis, any accrued
arrearages, required further payments per period and payment dates.
(h)
If the judgment requires the payment of costs and disbursements or attorney
fees, a statement indicating that the award is made, any specific amounts
awarded, a clear identification of the specific requests for relief for which
any attorney fees are awarded and the amount of attorney fees awarded for each
request for relief.
(3)
The information required by subsection (2) of this section must be set forth in
the money award section of the judgment document in the same order as the
requirements appear in subsection (2) of this section.
(4)
The separate section required by subsection (1) of this section must be placed
immediately above the judge’s or court administrator’s signature. The separate
section must be clearly labeled at its beginning as a money award. If the
judgment includes a support award, the label of the separate section must so
indicate. Except for information described in ORS 24.290, the separate section
of the judgment document may not contain any provision except the information
required by this section.
(5)
The provisions of this section do not apply to foreign judgments that are filed
with a court under ORS 24.115 or 110.405. If a foreign judgment is filed with
the court under ORS 24.115, the separate statement required by ORS 24.125 must
be filed with the foreign judgment. [2003 c.576 §5; 2005 c.568 §12; 2007 c.339 §1;
2009 c.230 §1]
Note:
Section 6 (1), chapter 230, Oregon Laws 2009, provides:
Sec. 6. (1)
The amendments to ORS 18.042 by section 1 of this 2009 Act apply only to
judgments entered on or after the effective date of this 2009 Act [June 4,
2009]. [2009 c.230 §6(1)]
18.048 Judgment in criminal action that
contains money award. (1) Except as provided in this
section, the judgment document in a criminal action that contains a money
award, whether by reason of a fine, restitution, forfeiture of security under
ORS 135.280, a fee, an assessment, costs and disbursements or any other
monetary obligation, must contain a separate section clearly labeled at its
beginning as a money award. The separate section must be placed immediately
above the judge’s or court administrator’s signature. If the judgment includes
an award of restitution, the label of the separate section must so indicate.
(2)
The separate money award section described by subsection (1) of this section
must contain the following information:
(a)
A listing of the specific amounts awarded as fines, assessments, costs,
restitution and any other monetary obligations imposed in the sentence as part
of the money award. If the court is unable to determine the full amount of
restitution at the time of sentencing, the court may include the amount that
can be determined or may establish a maximum amount.
(b)
If restitution or a compensatory fine is ordered, the name and address of the
person to whom the court should disburse payments, unless the victim requests
that this information be exempt from disclosure in the public record.
(c)
A statement that, subject to amendment of a judgment under ORS 137.107, money
required to be paid as a condition of probation remains payable after
revocation of probation only if the amount is included in the money award
portion of the judgment document, even if the amount is referred to in other
parts of the judgment document.
(d)
Unless immediate payment is required, the specific terms of payment imposed or
allowed by the court.
(e)
If payment of all or part of a monetary obligation is suspended, a statement
specifying the nature and amount of the suspended obligations.
(3)
The requirements of this section and ORS 18.038 do not apply to a judgment
document if the action was commenced by the issuance of a uniform citation
adopted under ORS 1.525 and the court has used the space on the citation for
the entry of a judgment. The exemption provided by this subsection does not
apply if any indictment, information or complaint other than a uniform citation
is filed in the action.
(4)
If a judgment is for conviction of a violation as described in ORS 153.008, the
judgment creates a lien only if the court so orders. If a judgment does not
create a lien under this subsection, the judgment document need not contain the
separate money award section described by subsection (1) of this section.
(5)
A judgment in a criminal action that contains a money award is a judgment in
favor of the state and may be enforced only by the state.
(6)
A judgment in a criminal action that includes a money award, but does not
contain a separate section clearly labeled as a money award, does not create a
judgment lien but may be enforced by any other judgment remedy. [2003 c.576 §6;
2005 c.566 §13; 2005 c.568 §13; 2005 c.618 §3a]
Note:
Section 8 (1), chapter 618, Oregon Laws 2005, provides:
Sec. 8. (1)
The amendments to ORS 18.048, 18.075, 18.180 and 18.194 by sections 1 to 4 of
this 2005 Act apply to judgments entered on or after the effective date of this
2005 Act [January 1, 2006]. [2005 c.618 §8(1)]
18.049 Adjustments to money awards.
After entry of a judgment, the amount owing on the money award portion of a
judgment shall be decreased by all payments made by or on behalf of the
judgment debtor against the money award and shall be increased by interest
accruing on the money award. In addition, the judgment creditor is entitled to
recover the expenses specified in ORS 18.999 that are incurred by the judgment
creditor in collecting on the judgment, in the manner provided by ORS 18.999.
This section does not impose any duty on a court administrator to calculate the
amount owing on the money award portion of a judgment. [2007 c.166 §5]
18.050
[Amended by 1959 c.638 §6; repealed by 1981 c.898 §53]
18.052 Duty of judge with respect to form
of judgment document. (1) A judge rendering a judgment
shall file with the court administrator a judgment document that incorporates
the judgment. The judge must sign the judgment document unless the court
administrator is authorized by law to sign the judgment document. Before
signing a judgment document, the judge shall ensure that all requirements
imposed by law for entry of the judgment have been fulfilled, including the
making of any written findings of fact or conclusions of law. If a proposed
judgment document submitted under ORS 18.035 does not comply with the
requirements of ORS 18.038, 18.042 and 18.048, the judge may not sign the
judgment document. If a proposed judgment document submitted under ORS 18.035
establishes paternity or includes a provision concerning support, but does not
comply with the requirements of ORS 25.020 (8), the judge may not sign the
judgment document. Unless the judgment is exempt under ORS 18.038 (2), the
judge shall ensure that the title of the judgment document indicates whether
the judgment is a limited judgment, general judgment or supplemental judgment.
If the judgment is a limited judgment rendered under the provisions of ORCP 67
B, the judge must determine that there is no just reason for delay, but the
judgment document need not reflect that determination if the title of the
judgment document indicates that the judgment is a limited judgment.
(2)
A court administrator who signs a judgment under authority granted by law has
the same duties as a judge under the provisions of this section.
(3)
This section does not apply to justice courts, municipal courts or county
courts performing judicial functions. [2003 c.576 §7; 2005 c.561 §1; 2005 c.568
§14]
18.058 Duty of court administrator with
respect to form of judgment document. (1) Except as
provided in subsection (2) of this section, the court administrator shall note
in the register that a judgment document has been filed if the judgment
document is signed by a judge of the court, or by the court administrator if
the court administrator is authorized by law to sign the judgment document, and
filed with the court administrator, whether or not the judgment document
complies with the requirements of ORS 18.038, 18.042 and 18.048.
(2)
If the title of a document filed with the court administrator indicates that
the document is a decree, or indicates that the document is a judgment but
fails to indicate whether the judgment is a limited judgment, general judgment
or supplemental judgment, the court administrator may not note in the register
that a judgment document has been filed, and shall return the document to the
judge, unless the judgment is exempt under ORS 18.038 (2).
(3)
The court administrator may rely on a judgment document for entry of
information in the register. The court administrator is not liable for entering
any information in the register that reflects information contained in a
judgment document, whether or not the information in the judgment is correct or
properly presented.
(4)
The court administrator may rely on the presence or absence of a separate
section in the judgment document required by ORS 18.042 or 18.048 in
determining whether a judgment contains a money award. The court administrator
shall enter information in the register and in the judgment lien record only
from the separate section unless otherwise ordered by the court.
(5)
This section does not apply to justice courts, municipal courts or county
courts performing judicial functions. [2003 c.576 §8; 2007 c.339 §3]
18.060
[Amended by 1979 c.284 §51; repealed by 1981 c.898 §53]
18.062 Use of electronic judgment forms.
The provisions of this chapter do not affect the ability of the Chief Justice
of the Supreme Court to authorize the use of electronic judgment forms pursuant
to rules adopted under ORS 1.002 (2). [2005 c.568 §41]
18.070
[Repealed by 1981 c.898 §53]
ENTRY OF JUDGMENTS IN REGISTER
18.075 Entry of judgments in circuit
courts generally. (1) A judgment is entered in
circuit court when a court administrator notes in the register that a judgment
document has been filed with the court administrator.
(2)
Subject to ORS 18.058 (2), when a judge files a judgment document with the
court administrator, the court administrator shall note in the register:
(a)
That the judgment document has been filed and the day, hour and minute that the
judgment is entered.
(b)
Whether the judgment is a limited judgment, a general judgment or a
supplemental judgment.
(c)
Whether the judgment includes a money award.
(d)
Whether the judgment creates a judgment lien under ORS 18.150.
(3)
If the court administrator notes in the register that a judgment creates a
judgment lien, the court administrator shall note in a judgment lien record
maintained by the court administrator:
(a)
The name of all judgment debtors.
(b)
The name of all judgment creditors.
(c)
The amount of the money award.
(d)
Whether the money award includes a support award or an award of restitution.
(4)
If the court administrator makes a notation of judgment in the judgment lien
record, the court administrator shall thereafter also note in the judgment lien
record:
(a)
The date on which any appeal is filed.
(b)
Whether a supersedeas undertaking, as defined in ORS 19.005, is filed.
(c)
The date of any decision on appeal.
(d)
Any execution issued by the court and the return on any execution.
(e)
Any satisfaction of the judgment, when entered.
(f)
Other such information as may be deemed necessary by court order or court rule.
(5)
The court administrator shall enter a judgment in the register within 24 hours
after the judgment document is filed with court administrator, excluding
Saturdays and legal holidays. If the court administrator is not able to enter
the judgment within the time prescribed in this subsection, or fails to do so,
the court administrator shall enter the judgment as soon as practicable
thereafter.
(6)
Except as provided in ORS 18.058, the court administrator shall be subject to
the direction of the court in entering judgments in the register.
(7)
The court administrator shall not delay entry of judgment under ORCP 68 for
taxation of attorney fees or costs and disbursements.
(8)
Administrative orders entered in the register under ORS 416.440 have the effect
provided for in that section.
(9)
The State Court Administrator shall ensure that the register and the judgment
lien record be established and maintained in a uniform manner in the circuit
courts.
(10)
References in Oregon Revised Statutes to docketing of a judgment are equivalent
to entry of a judgment as described in subsection (1) of this section.
(11)
This section does not apply to justice courts, municipal courts or county
courts performing judicial functions. [2003 c.576 §9; 2005 c.568 §15; 2005
c.618 §2; 2007 c.339 §2; 2011 c.398 §1]
Note:
Section 9a, chapter 576, Oregon Laws 2003, provides:
Sec. 9a. (1)
Notwithstanding any other provision of sections 1 to 44 of this 2003 Act [ORS
chapter 18] or any other law, a court administrator need not make any entry in
the register or in the separate record maintained under section 9 of this 2003
Act [18.075] that is different from the entries made by the court administrator
before the effective date of this 2003 Act [January 1, 2004] until such time as
funding is available to make such modifications as may be necessary to
accommodate those entries in the computer systems utilized by the circuit
courts.
(2)
All references to the docket in computer records and documents of the circuit
courts shall be construed to be references to the separate record maintained
under section 9 of this 2003 Act, without regard to whether those records or
documents are created before, on or after the effective date of this 2003 Act.
Subject to availability of funding, the circuit courts shall make such changes
in their computer systems and other document-generating systems as soon as
possible after the effective date of this 2003 Act to eliminate references to
the docket.
(3)
All references to decrees in computer records and documents of the circuit
courts shall be construed to be references to judgments, without regard to
whether those records or documents are created before, on or after the
effective date of this 2003 Act. Subject to availability of funding, the
circuit courts shall make such changes in their computer systems and other
document-generating systems as soon as possible after the effective date of
this 2003 Act to eliminate references to decrees.
(4)
All references to money judgments in computer records and documents of the
circuit courts shall be construed to be references to money awards, without
regard to whether those records or documents are created before, on or after
the effective date of this 2003 Act. Subject to availability of funding, the
circuit courts shall make such changes in their computer systems and other
document-generating systems as soon as possible after the effective date of
this 2003 Act to eliminate references to money judgments. [2003 c.576 §9a]
Note: See
note under 18.048.
18.078 Notice of entry of judgment in circuit
court civil action. (1) Upon entering a judgment in
a civil action, or entry of any corrected judgment under ORS 18.107, the court
administrator shall mail the notice described in subsection (2) of this section
to the attorneys of record for each party that is not in default for failure to
appear. If a party does not have an attorney of record, and is not in default
for failure to appear, the court administrator shall mail the notice to the
party. The court administrator shall note in the register that the notice
required by this section was mailed as required by this section.
(2)
The notice required by this section must reflect:
(a)
The date the judgment was entered.
(b)
Whether the judgment was entered as a limited judgment, a general judgment or a
supplemental judgment.
(c)
Whether the court administrator noted in the register that the judgment
contained a money award.
(d)
Whether the court administrator noted in the register that the judgment creates
a judgment lien.
(3)
This section does not apply to justice courts, municipal courts or county
courts performing judicial functions.
(4)
This section does not apply to judgments in juvenile proceedings under ORS
chapter 419A, 419B or 419C, civil commitment proceedings, probate proceedings,
adoptions or guardianship or conservatorship proceedings under ORS chapter 125.
[2003 c.576 §10; 2005 c.568 §16]
Note:
Section 10a, chapter 576, Oregon Laws 2003, provides:
Sec. 10a.
Notwithstanding any other provision of sections 1 to 44 of this 2003 Act [ORS
chapter 18] or any other law, a court administrator need not mail notice of
judgment in the form provided by section 10 of this 2003 Act [18.078] and may
continue to use the form of notice used by the court administrator before the
effective date of this 2003 Act [January 1, 2004] until such time as funding is
available to allow use of notices of judgments in the form provided by section
10 of this 2003 Act. [2003 c.576 §10a]
18.080
[Amended by 1971 c.365 §1; repealed by 1981 c.898 §53]
18.082 Effect of entry of judgment.
(1) Upon entry of a judgment, the judgment:
(a)
Becomes the exclusive statement of the court’s decision in the case and governs
the rights and obligations of the parties that are subject to the judgment;
(b)
May be enforced in the manner provided by law;
(c)
May be appealed in the manner provided by law;
(d)
Acts as official notice of the court’s decision; and
(e)
May be set aside or modified only by the court rendering the judgment or by
another court or tribunal with the same or greater authority than the court
rendering the judgment.
(2)
A general judgment incorporates a previous written decision of the court that
decides one or more requests for relief in the case and that:
(a)
Is not a judgment;
(b)
Is consistent with the terms of the general judgment and any limited judgments
in the case; and
(c)
Reflects an express determination by the court that the decision be conclusive
as to the requests for relief that are resolved.
(3)
Upon entry of a general judgment, any request for relief in the action that is
not decided by the general judgment or by a previous limited judgment, that has
not been incorporated into the general judgment under subsection (2) of this
section, or that cannot be decided by a supplemental judgment, is dismissed
with prejudice unless the judgment provides that the dismissal is without
prejudice.
(4)
Subsection (3) of this section does not affect the right of any party to assign
error on appeal to any decision of a court made by order during an action.
(5)
Subsection (3) of this section does not apply to a general judgment of
dismissal. Except as otherwise provided by law, by the Oregon Rules of Civil
Procedure or by the terms of the judgment, a general judgment of dismissal is
without prejudice as to any request for relief in the action.
(6)
If a document labeled as a decree is filed with the court administrator, or a
judgment document is filed with the court administrator that does not indicate
whether the judgment is a limited, general or supplemental judgment, and the
court administrator fails to comply with ORS 18.058 and makes an entry in the
register indicating that a judgment has been filed with court administrator, the
document has the effect of a general judgment entered in circuit court. [2003
c.576 §11; 2005 c.568 §17]
18.090
[Amended by 1979 c.284 §52; repealed by 1981 c.898 §53]
18.100
[Repealed by 1981 c.898 §53]
18.105 [1975
c.106 §1; 1977 c.208 §2; repealed by 1979 c.284 §199]
CORRECTIONS TO JUDGMENTS
18.107 Corrections to civil judgments.
(1) A court may correct the terms of a civil judgment previously entered as
provided in ORCP 71. The court may make the correction by signing a corrected
judgment document and filing the document with the court administrator. The
title of the judgment document must reflect that the judgment is a corrected
limited judgment, corrected general judgment or a corrected supplemental
judgment.
(2)
Unless a correction to a judgment affects a substantial right of a party, the
time for appeal of the judgment commences upon entry of the original judgment.
(3)
If the correction of a judgment affects a substantial right of a party, and the
corrected judgment is entered before the time for appealing the original
judgment has expired, the time for appeal of the judgment commences upon entry
of the corrected judgment. If the correction affects a substantial right of a
party, and the corrected judgment is entered after the time for appealing the
original judgment has expired, the time for appeal of the corrected portions of
the judgment and all other portions of the judgment affected by the correction
commences upon entry of the corrected judgment.
(4)
This section does not apply to justice courts, municipal courts or county
courts performing judicial functions.
(5)
This section does not apply to juvenile proceedings under ORS chapter 419B. [2003
c.576 §12]
18.110
[Repealed by 1981 c.898 §53]
18.112 Correction of designation of judgment
as general judgment. (1) Upon motion of any party,
the court may enter a corrected judgment under ORS 18.107 that changes the
designation of a judgment from a general judgment to a limited judgment if the
moving party establishes that:
(a)
Except by operation of ORS 18.082 (3), the judgment does not decide all
requests for relief in the action other than requests for relief previously
decided by a limited judgment or requests for relief that could be decided by a
supplemental judgment; and
(b)
The judgment was inadvertently designated as a general judgment under
circumstances that indicate that the moving party did not reasonably understand
that the requests for relief that were not expressly decided by the judgment
would be dismissed.
(2)
A motion under subsection (1) of this section must be filed within the time
provided by ORCP 71 B.
(3)
Upon motion of any party, the court shall enter a corrected judgment under ORS
18.107 that changes to a limited judgment any document that has the effect of a
general judgment under the provisions of ORS 18.082 (6) unless all requests for
relief in the action are decided by the terms of the document, by previous
limited judgments entered in the action or by written decisions of the court
that are incorporated in a general judgment under the provisions of ORS 18.082
(2).
(4)
Notwithstanding ORS 18.107, the time for appeal of the judgment corrected under
this section commences from the entry of the corrected judgment. A motion may
be filed under this section while an appeal is pending as provided in ORCP 71
B(2).
(5)
This section does not apply to justice courts, municipal courts or county
courts performing judicial functions. [2003 c.576 §13; 2005 c.568 §18]
18.115 [1975
c.623 §12; 1979 c.284 §53; repealed by 1981 c.898 §53]
18.120
[Repealed by 1981 c.898 §53]
18.125 [1977
c.208 §3; repealed by 1981 c.898 §53]
18.130
[Repealed by 1977 c.208 §5]
18.135
[Formerly 15.100; repealed by 1981 c.898 §53]
18.140
[Amended by 1957 c.348 §1; 1973 c.207 §2; repealed by 1979 c.284 §199]
JUDGMENT LIENS
18.150 Judgment liens in circuit courts.
(1) If a judgment document filed with a court administrator under ORS 18.075
(2) includes a money award and complies with ORS 18.042 (1) or 18.048 (1), the
court administrator shall note in the register of a circuit court that the
judgment creates a judgment lien unless:
(a)
The judgment is entered in the small claims department of a circuit court in an
amount of less than $3,000, exclusive of costs, and the judgment creditor has
not created a judgment lien for the judgment as provided in ORS 46.488;
(b)
The judgment is entered in a criminal action for conviction of a violation, and
the court does not order under ORS 18.048 (4) that the judgment creates a
judgment lien;
(c)
The judgment is entered under ORS 153.820; or
(d)
The judgment does not create a lien by operation of other law.
(2)
Except as provided in this section, if the court administrator notes in the
register that a judgment creates a judgment lien, the judgment has the
following effect in the county in which the judgment is entered:
(a)
When the judgment is entered, the judgment lien attaches to all real property
of the judgment debtor in the county at that time; and
(b)
The judgment lien attaches to all real property that the judgment debtor
acquires in the county at any time after the judgment is entered and before the
judgment lien expires.
(3)
Except as provided in this section, if the court administrator notes in the
register that a judgment creates a judgment lien and the judgment contains a
support award, the support award portion of the judgment has the following
effect in the county in which the judgment is entered:
(a)
Any lump sum support award existing when the judgment is entered creates a
support arrearage lien and has the effect specified by subsection (2) of this
section;
(b)
When an installment becomes due under the terms of the support award and is not
paid, a support arrearage lien for the unpaid installment attaches to all real
property of the judgment debtor in the county at that time; and
(c)
When an installment becomes due under the terms of the support award and is not
paid, a support arrearage lien attaches to all real property that the judgment
debtor thereafter acquires in the county for the purpose of enforcing the
unpaid installment, and remains attached to that property until satisfaction is
made for the installment or the judgment lien arising from support award
portion of the judgment expires.
(4)
Real property may be conveyed or encumbered free of a judgment lien created by
the support award portion of a judgment, but the conveyance or encumbrance is
subject to any support arrearage lien that attached to the real property under
this section or ORS 18.152.
(5)
A judgment lien does not attach to any real property of a judgment debtor
acquired after the debt giving rise to the judgment is discharged under federal
bankruptcy laws. Debts are presumed to have not been discharged in bankruptcy
until the judgment debtor establishes that the debt has been discharged.
(6)
A court administrator may rely on the judgment document to determine whether a
judgment creates a judgment lien.
(7)
This section does not apply to justice courts, municipal courts or county
courts performing judicial functions. [2003 c.576 §14; 2005 c.568 §19]
18.152 Establishing judgment liens in other
counties. (1) At any time after a judgment that
creates a judgment lien is entered under ORS 18.150 and before the expiration
of the judgment remedies for the judgment, a judgment creditor may create a
judgment lien for the judgment in any other county of this state by recording
the judgment in the County Clerk Lien Record for that county. The judgment may
be recorded by recording a certified copy of the judgment document or a lien
record abstract for the judgment.
(2)
Except as provided in this section, a judgment recorded under this section has
the following effect in the county in which the judgment is recorded:
(a)
When the judgment is recorded, the judgment lien attaches to all real property
of the judgment debtor in the county at that time; and
(b)
The judgment lien attaches to all real property that the judgment debtor
acquires in the county at any time after the judgment is recorded and before
the judgment lien expires.
(3)
Except as provided in this section, if a judgment recorded under this section
contains a support award, the support award portion of the judgment has the
following effect in the county in which the judgment is recorded:
(a)
When the judgment is recorded, a support arrearage lien attaches to all real
property of the judgment debtor in the county at that time for any unpaid lump
sum support award contained in the judgment or any unpaid installment that
became due under the terms of the support award before the judgment was
recorded.
(b)
A support arrearage lien for any unpaid lump sum support award contained in the
judgment or any unpaid installment that became due under the terms of the
support award before the judgment was recorded attaches to all real property
that the judgment debtor acquires in the county at any time after the judgment
is recorded and before full satisfaction is made for the lump sum or
installment or the judgment lien of the support award portion of the judgment
expires.
(c)
If an installment becomes due under the terms of the support award and is not
paid after the judgment is recorded, a support arrearage lien for the
installment attaches to all real property of the judgment debtor in the county
at the time the installment becomes due and attaches to all real property that
the judgment debtor thereafter acquires in the county until full satisfaction
is made for the installment or the judgment lien of the support award portion
of the judgment expires.
(4)(a)
If a certificate of extension is filed under ORS 18.182, and the certificate is
filed before the judgment is recorded under this section, a judgment creditor
may record a certified copy of the certificate or a lien record abstract for
the certificate with the judgment. The recording shall act to extend the
judgment lien of a judgment, and any support arrearage lien, in the county for
the time provided in ORS 18.180 to 18.192.
(b)
If a certificate of extension is filed under ORS 18.182, and the certificate is
filed after the judgment is recorded under this section, a judgment creditor
may record a certified copy of the certificate or a lien record abstract for
the certificate in the County Clerk Lien Record in any county in which the
judgment has been recorded under subsection (1) of this section. If the
recording is made before the time that the judgment lien for the judgment would
otherwise have expired under ORS 18.180 to 18.192, the recording extends the
judgment lien of the judgment, without loss of priority, for the time provided
in ORS 18.180 to 18.192. If the recording is made after the time that the
judgment lien for the judgment would otherwise have expired under ORS 18.180 to
18.192, the recording extends the judgment lien of the judgment for the time
provided in ORS 18.180 to 18.192, but the lien is subordinate to all other
interests that are of record on the date the certificate or lien record
abstract is recorded.
(5)
When the judgment lien of a judgment expires in the county in which the
judgment was originally entered, the judgment lien and any support arrearage
lien created under this section expires in the other county or counties in
which the judgment has been recorded.
(6)
This section does not apply to justice courts, municipal courts or county
courts performing judicial functions. [2003 c.576 §15; 2005 c.568 §20]
18.154 Appeal; motion to eliminate lien.
A judgment debtor who appeals a judgment may move the trial court for
elimination of the judgment lien created by the judgment. A court may grant a
motion under this section if the judgment debtor files a supersedeas
undertaking, as defined in ORS 19.005, and provides such additional security as
may be required by the court to ensure that adequate amounts will be available
to satisfy the judgment if affirmed on appeal. If the court grants the motion,
the court administrator shall note in the register and in the judgment lien
record that the judgment lien has been eliminated. [2003 c.576 §16; 2007 c.339 §4]
18.158 Judgment lien based on judgment for
child support or spousal support entered in another state.
(1) At any time after a judgment for unpaid child support or unpaid spousal
support becomes effective in another state and before the expiration or
satisfaction of that judgment under the other state’s law, a judgment creditor
under the judgment may record a certified copy of the judgment or a lien record
abstract for the judgment in the County Clerk Lien Record for any county in
this state.
(2)
If a judgment of another state described in subsection (1) of this section is
extended or renewed under the laws of the state that rendered the judgment, a
judgment creditor under the judgment may record a certified copy of the
extension or renewal in the County Clerk Lien Record for any county in this
state or may record a lien record abstract for extension or renewal in the
County Clerk Lien Record for any county in this state.
(3)
Upon recording a judgment, lien record abstract, extension or renewal under
this section, the judgment creates a judgment lien as described in ORS 18.152
(3).
(4)
When the judgment expires in the state in which the judgment was originally
entered, the judgment lien and any support arrearage lien created under this
section expire in every county in which the judgment has been recorded under
this section.
(5)
Liens arising by operation of law in another state against real property for
amounts of overdue payments under a support order, as defined in ORS 110.303,
shall be accorded full faith and credit if the state agency, party or other
entity seeking to enforce the lien follows the applicable procedures for
recording and service of notice of claim of lien as required by this section. A
state agency, party or other entity may not file an action to enforce a lien
described in this section until the underlying judgment has been filed in
Oregon as provided in ORS chapter 110.
(6)
This section does not apply to justice courts, municipal courts or county
courts performing judicial functions. [2003 c.576 §17]
18.160
[Repealed by 1981 c.898 §53]
18.162 Judgment lien based on justice and
municipal court judgments; satisfaction filing fee.
(1) Subject to the requirements of this section and ORS 221.344, from the time
that a judgment of a justice or municipal court is transcribed or recorded as
provided in ORS 52.635 or 221.351, the judgment creates a judgment lien as
described in ORS 18.152.
(2)
The judgment lien of a judgment entered in a justice or municipal court may be
eliminated as provided in ORS 18.154 if an appeal is taken from the judgment.
The clerk of the justice or municipal court shall note the elimination of the
lien in the judgment docket.
(3)
When the lien of a justice or municipal court judgment ceases in the county in
which the judgment was originally recorded or transcribed, the lien shall cease
in every other county in which a certified copy of the judgment or a lien
record abstract has been recorded. When the judgment has been fully satisfied,
it is the responsibility of the judgment creditor to file a full satisfaction in
any circuit court to which the judgment has been transcribed under ORS 52.635,
and to record the satisfaction in the County Clerk Lien Record for the county
in which the court is located if a certified copy of the judgment or a lien
record abstract for the judgment was recorded in that County Clerk Lien Record.
Upon satisfaction in full of the judgment, the judgment creditor shall deliver
to the judgment debtor an executed satisfaction of the judgment for any other
county where a certified copy of the judgment or a lien record abstract has
been recorded. The county clerk shall charge a fee as provided in ORS 205.320
for filing a satisfaction of judgment. [Formerly 18.355]
18.165 Priority of judgment lien over
unrecorded conveyance. (1) If a judgment with lien
effect under ORS 18.150, 18.152 or 18.158 is entered or recorded in a county
before a conveyance, or a memorandum of a conveyance, of real property of the
debtor is recorded in that county, the conveyance of the judgment debtor’s
interest is void as against the lien of the judgment unless:
(a)
The grantee under the conveyance is a purchaser in good faith for a valuable
consideration, the conveyance is delivered and accepted before the judgment is
entered or recorded in the county where the property is located and the
conveyance or memorandum of the conveyance is recorded within 20 days after
delivery and acceptance of the conveyance, excluding Saturdays and legal
holidays under ORS 187.010 and 187.020;
(b)
The judgment creditor has actual notice, record notice or inquiry notice of a
conveyance of the debtor’s interest to a grantee when the judgment is entered
or recorded in the county;
(c)
The conveyance by the debtor is a fulfillment deed entitled to priority over
the judgment under ORS 93.645; or
(d)
The conveyance is a mortgage, trust deed or other security instrument given by
the debtor to secure financing for the purchase by the debtor of the real
property described in the conveyance.
(2)
For the purpose of subsection (1)(a) of this section, a memorandum of
conveyance must contain the date of the instrument being memorialized, the
names of the parties, a legal description of the real property involved and a
description of the nature of the interest created. The memorandum must be
signed by the person from whom the interest is intended to pass, and be
acknowledged or proved in the manner provided for the acknowledgment or proof
of deeds.
(3)
As used in this section:
(a)
“Conveyance” means a deed, a land sale contract, an assignment of all or any portion
of a seller’s or purchaser’s interest in a land sale contract or any other
agreement affecting the title of real property within this state, including a
trust deed, a mortgage, an assignment for security purposes or an assignment
solely of proceeds, given by a purchaser or seller under a land sale contract
or given by a person with title to the real property.
(b)
“Grantee” means:
(A)
The person deemed to be the mortgagee under a trust deed pursuant to ORS
86.715; and
(B)
Any other person to whom the interest that is the subject of a conveyance is
intended to pass. [Formerly 18.370; 2005 c.568 §21; 2007 c.166 §1]
18.170 Form for lien record abstract;
rules. (1) Unless otherwise prescribed by law,
a person recording a lien record abstract shall use substantially the following
form:
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