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:
______________________________________________________________________________
LIEN RECORD
ABSTRACT
The undersigned states:
A. Creditor/Prevailing Party Information:
__ 1. The creditor/prevailing party is:
_____________________
and
the address of the creditor is:
_____________________
_____________________
under
judgment, order or petition
entered
on _____ (date) in
the
_____ Court for
_____(County)
of _____ (State)
under
Case No._____.
__ 2. The Creditor’s attorney’s name is
_____________________
Attorney’s
Address is:
_____________________
Attorney’s
Phone No. is: ______
B. Debtor/Losing Party Information:
__ 1. The Debtor/losing party is:
_____________________
__ 2. Debtor’s address (if known):
_____________________
_____________________
__ 3. The Taxpayer Identification No. of
the
Debtor, or the final four digits of
the
Debtor’s Social Security No.
(if known):
_____________________
__ 4. The final four digits of the Debtor’s
driver
license no. and state of
issuance
for the license (if known):
_____________________
__ 5. Name of debtor’s attorney
(if known):
_____________________
C. Judgment Information:
__ 1. The amount of the judgment is:
_____________________
__ 2. The amount of the costs is:
_____________________
__ 3. The amount of attorney fees, if any
is:
_____________________
D. The Real or Personal Property to Be
Affected
(Check appropriate box):
__ All
real property of the debtor/losing
party,
now or hereafter acquired,
in
________ County as provided under ORS 18.152
__ The
following described real or
personal
property of debtor (legal
description
as set forth or on
attached
Exhibit):
_____________________
_____________________
_____________________
_____________________
IN
WITNESS WHEREOF, the
undersigned
person or persons have
executed
this abstract this ___ day
of______,
2___.
____________ ____________
____________ ____________
State of Oregon )
) ss.
County of_____ )
The foregoing instrument was acknowledged
before me this ___ day of___, 2___, by____________.
__________________
Notary Public for Oregon
My commission expires: _________
State of Oregon )
) ss.
County of_____ )
The foregoing instrument was acknowledged
before me this ___ day of___, 2___, by ____________ and by ____________ of____________,
a corporation on behalf of the corporation.
__________________
Notary Public for Oregon
My commission expires: _________
______________________________________________________________________________
(2) A lien record abstract that is the
result of a judgment for unpaid child or spousal support entered in another
state shall be on the form prescribed by rules adopted by the Department of
Justice in lieu of the form required by subsection (1) of this section. [Formerly
18.325; 2009 c.230 §2]
EXPIRATION
AND EXTENSION OF JUDGMENT REMEDIES
18.180
Expiration of judgment remedies in circuit court.
(1) Judgment remedies for a judgment expire upon full satisfaction of the money
award portion of the judgment.
(2) If a judgment lien arises out of a
support award under ORS 18.150 (3) or 18.152 (3), a support arrearage lien
attaching to real property under the judgment lien expires upon satisfaction of
the unpaid installment that gave rise to the support arrearage lien.
(3) Except as provided in ORS 18.180 to
18.192, judgment remedies for a judgment in a civil action expire 10 years
after the entry of the judgment.
(4) Except as provided in this subsection,
judgment remedies for a judgment in a criminal action expire 20 years after the
entry of the judgment. Judgment remedies for a judgment in a criminal action
that includes a money award for restitution expire 50 years after the entry of
the judgment.
(5) Except as provided in ORS 18.192,
judgment remedies for the child support award portion of a judgment, and any
lump sum support award for child support, expire 35 years after the entry of
the judgment that first establishes the support obligation.
(6)(a) Except as provided by paragraph (b)
of this subsection and ORS 18.190, judgment remedies for any unpaid installment
under the spousal support award portion of a judgment, including any
installment arrearage lien arising under the judgment, expire 25 years after
the entry of the judgment that first establishes the support obligation, or 10
years after an installment comes due under the judgment and is not paid,
whichever is later.
(b) The judgment lien for the spousal
support award portion of a judgment that is entered on or after January 1,
2004, including any installment arrearage lien arising under the judgment,
expires 25 years after the entry of the judgment that first establishes the
support obligation unless a certificate of extension is filed under ORS 18.185.
(7)(a) If a money award in a judgment
under ORS 107.105 (1)(f) provides for a future payment of money, judgment
remedies for the portion of the judgment providing for future payment expire 10
years after the date on which the future payment becomes due. At any time
before the judgment remedies for a money award described in this subsection
expire, judgment remedies for the portion of the judgment providing for a
future payment may be extended as provided in ORS 18.182.
(b) This subsection does not apply to
support awards.
(8) This section does not apply to justice
courts, municipal courts or county courts performing judicial functions. [2003
c.576 §18; 2005 c.568 §22; 2005 c.618 §1; 2007 c.22 §1; 2009 c.354 §1]
Note:
See note under 18.048.
Note:
Section 2, chapter 354, Oregon Laws 2009, provides:
Sec.
2. (1) Except as provided in subsection
(2) of this section, the amendments to ORS 18.180 by section 1 of this 2009 Act
apply to all judgments, whether entered before, on or after the effective date
of this 2009 Act [January 1, 2010].
(2) The amendments to ORS 18.180 by
section 1 of this 2009 Act do not operate to revive any judgment remedies that
expired before the effective date of this 2009 Act under the provisions of ORS
18.180 as in effect immediately before the effective date of this 2009 Act.
[2009 c.354 §2]
18.182
Extension of judgment remedies. (1) Judgment
remedies for a judgment may be extended by filing a certificate of extension in
the court that entered the judgment. The court administrator shall enter the
certificate in the register of the court and in the judgment lien record.
Except as provided in ORS 18.180 to 18.192, a judgment creditor may file a
certificate of extension only if:
(a) Judgment remedies for the judgment have
not expired under ORS 18.180; and
(b) A full satisfaction document for the
money award portion of the judgment has not been filed.
(2) Notwithstanding subsection (1) of this
section, if the judgment debtor has been discharged from debt under federal bankruptcy
laws, a certificate of extension may not be filed except as provided in this
subsection. Judgments are presumed to have not been discharged in bankruptcy
until the judgment debtor establishes that the judgment has been discharged. If
the judgment debtor is discharged from a debt, a certificate of extension may
be filed if:
(a) The debtor owned real property and the
judgment lien attached to that property before the filing of the bankruptcy
petition;
(b) The judgment lien was not avoided by
action of the bankruptcy court;
(c) The judgment lien has not been
discharged under ORS 18.238; and
(d) The certificate of extension includes
a legal description of the real property and a statement that the extension
affects only the lien on the real property described in the certificate.
(3) A certificate of extension must be
signed by the judgment creditor, or by an attorney who represents the judgment
creditor.
(4) Subject to ORS 18.190 and 18.192, if a
certificate of extension is filed after the date on which the judgment remedies
for the judgment expire under ORS 18.180, the certificate has no effect.
(5) The judgment remedies for a judgment
that are extended under the provisions of this section expire 10 years after
the certificate of extension is filed. Judgment remedies for a judgment may be
extended only once under the provisions of this section.
(6) A certified copy of a certificate of
extension, or a lien record abstract for the certificate, may be recorded in
any county in which the judgment was recorded under ORS 18.152, with the effect
provided by ORS 18.152 (4).
(7) Except as provided in ORS 18.185,
18.190 and 18.192, the judgment remedies for the support award portion of a
judgment, and any lump sum money award for unpaid child support installments,
may not be extended under this section.
(8) The judgment remedies for a judgment
in a criminal action may not be extended under this section.
(9) This section does not apply to justice
courts, municipal courts or county courts performing judicial functions. [2003
c.576 §19; 2007 c.339 §5]
18.185
Extension of judgment lien of spousal support award.
(1) If a judgment that is entered on or after January 1, 2004, includes a
spousal support award, a judgment creditor may file a certificate of extension
under ORS 18.182 at any time more than 15 years after the entry of the judgment
that first establishes the support obligation and before the judgment lien for
the spousal support award portion of a judgment expires under ORS 18.180
(6)(b). If a certificate of extension is filed under this subsection:
(a) The judgment lien for the spousal
support award portion of the judgment expires 10 years after the certificate of
extension is filed; and
(b) Any installment arrearage lien that
arises under the judgment, whether before or after the filing of the
certificate, expires 10 years after the installment comes due and is not paid
or when the judgment lien for the spousal support award portion of the judgment
expires under paragraph (a) of this subsection, whichever is first.
(2) Notwithstanding ORS 18.182 (5),
certificates of extension under ORS 18.182 may continue to be filed in the
manner provided by subsection (1) of this section and with like effect for as
long as the judgment lien for the spousal support award portion of a judgment
has not expired and any installments remain to be paid under the judgment. [2003
c.576 §20]
18.190
Spousal support awards in judgments entered before January 1, 2004.
(1) The judgment lien for the spousal support award portion of a judgment that
is entered before January 1, 2004, including any installment arrearage liens
that arise under the judgment, expires 10 years after the entry of the judgment
that first establishes the support obligation unless a certificate of extension
is filed under ORS 18.182, or the judgment was renewed in the manner provided
by the statutes in effect immediately before January 1, 2004, within 10 years
after the judgment was entered.
(2) ORS 18.180 (6) does not operate to
revive the judgment lien of any judgment that expired before January 1, 2004,
under the statutes in effect immediately before January 1, 2004.
(3) This section and ORS 18.180 (6) do not
limit the time during which judgment remedies are available for any judgment
entered before January 1, 2004, and those judgments may continue to be enforced
for the time provided by the law in effect immediately before January 1, 2004,
subject to any requirement for renewal of those judgments. [2003 c.576 §21]
18.192
Child support awards in judgments entered before January 1, 1994.
(1) The judgment lien of the child support award portion of a judgment entered
before January 1, 1994, and any installment arrearage lien that arose under the
judgment lien, expires 10 years after the entry of the judgment that
established the support obligation unless the judgment was renewed in the
manner provided by the statutes in effect immediately before January 1, 2004,
within 10 years after the judgment was entered.
(2) ORS 18.180 (5) does not operate to
revive the judgment lien of any judgment that expired before January 1, 2004.
(3) This section and ORS 18.180 (5) do not
limit the time during which judgment remedies are available for any judgment
entered before January 1, 1994, and those judgments may continue to be enforced
for the time provided by the law in effect immediately before January 1, 2004,
subject to any requirement for renewal of those judgments. [2003 c.576 §22]
18.194
Expiration and extension of judgment remedies for justice and municipal court
judgments. (1) Judgment remedies for a judgment in
justice and municipal courts expire upon full satisfaction of the money award
portion of the judgment.
(2) Except as provided in this section,
judgment remedies for a judgment in a civil action in a justice or municipal
court expire 10 years after the entry of the judgment.
(3) Except as provided in this subsection,
judgment remedies for a judgment in a criminal action in a justice or municipal
court expire 20 years after the entry of the judgment. Judgment remedies for a
judgment in a criminal action in a justice or municipal court that includes a
money award for restitution expire 50 years after the entry of the judgment.
(4) Judgment remedies for a judgment in
justice or municipal court may be extended by filing a certificate of extension
in the court that entered the judgment. The clerk shall enter the certificate
in the docket of the court. A judgment creditor may file a certificate of
extension only if:
(a) Judgment remedies for the judgment
have not expired; and
(b) A full satisfaction document for the
money award portion of the judgment has not been filed.
(5) Notwithstanding subsection (4) of this
section, if the judgment debtor has been discharged from debt under federal
bankruptcy laws, a certificate of extension may not be filed except as provided
in this subsection. Judgments are presumed to have not been discharged in
bankruptcy until the judgment debtor establishes that the judgment has been
discharged. If the judgment debtor is discharged from a debt, a certificate of
extension may be filed if:
(a) The debtor owned real property and the
judgment lien attached to that property before the filing of the bankruptcy
petition;
(b) The judgment lien was not avoided by
action of the bankruptcy court;
(c) The judgment lien has not been
discharged under ORS 18.238; and
(d) The certificate of extension includes
a legal description of the real property and a statement that the extension
affects only the lien on the real property described in the certificate.
(6) If a certificate of extension is filed
under this section after the date on which the judgment remedies for the
judgment expire, the certificate has no effect.
(7) The judgment remedies for a judgment
that are extended under the provisions of this section expire 10 years after
the certificate of extension is filed. Judgment remedies for a judgment may be
extended only once under the provisions of this section.
(8) A certified copy of a certificate of
extension, or a lien record abstract for the certificate, may be recorded in
any county in which the judgment was transcribed or recorded as provided in ORS
52.635 or 221.351, with the effect provided by ORS 18.152 (4).
(9) The judgment remedies for a judgment
in a criminal action may not be extended under this section. [Formerly 18.365;
2005 c.618 §4]
Note:
See note under 18.048.
RELEASE
OF LIEN
18.200
Release of lien. (1) A judgment creditor may
provide a release of lien document to a judgment debtor or to any other person
with an interest in real property to which a judgment lien has attached. The
release of lien document may be for all real property in a county or for a
single piece of real property in a county. A release of lien document may be
signed by the judgment creditor, or by any attorney who represents the
creditor. The signature of the judgment creditor or attorney signing a release
of lien document must be witnessed by a notary public.
(2) A release of lien document may be
filed with the court administrator at any time after a judgment lien attaches
under ORS 18.150. The court administrator shall note in the register and in the
judgment lien record that the release of lien document has been filed, and also
shall note whether the release is for all real property in a county or only for
a single piece of real property in a county.
(3) A release of lien document may be
recorded in any County Clerk Lien Record in which the judgment was recorded
under ORS 18.152.
(4) Upon filing or recording under this
section, a release of lien document operates to eliminate any judgment lien
arising from the entry or recording of the judgment to the extent reflected in
the document. The filing of a release of lien document does not constitute a
full or partial satisfaction of the judgment.
(5) The court administrator may not charge
a fee for filing a release of lien document.
(6) This section does not apply to justice
courts, municipal courts or county courts performing judicial functions. [2003
c.576 §23; 2007 c.339 §6]
18.202
Reinstatement of lien. (1) If the administrator, as
defined in ORS 25.010, eliminated a judgment lien document by filing a release
of lien document with the court administrator under ORS 18.200, the
administrator may reinstate the lien by recording a notice of reinstatement in
the County Clerk Lien Record for the county where the judgment was entered.
(2) If the administrator, as defined in
ORS 25.010, eliminated a judgment lien by recording a release of lien document
in a County Clerk Lien Record under the provisions of ORS 18.200, the
administrator may reinstate the lien by recording a notice of reinstatement in
the County Clerk Lien Record for the county in which the release was recorded.
(3) The administrator may reinstate a lien
under this section only if:
(a) The release was for all real property
of a judgment debtor in a county; and
(b) The judgment lien that was eliminated
arose out of the support award portion of the judgment.
(4) A certified copy of the judgment
document, or a lien record abstract for the judgment, must be attached to the
notice of reinstatement and be recorded with the notice. A notice of
reinstatement may be recorded at any time after the release of lien document
was filed or recorded and before the expiration of the judgment remedies for the
judgment that gives rise to the judgment lien.
(5) Upon recording a notice of
reinstatement under this section, the reinstated judgment lien has the same
force and effect as a judgment lien created under ORS 18.152.
(6) A notice of reinstatement must be
signed by the administrator as defined in ORS 25.010, or by an attorney who
represents the administrator. The signature must be witnessed by a notary
public. [2005 c.568 §9]
ASSIGNMENT
OF JUDGMENT
18.205
Assignment of judgment. (1) A judgment creditor may
assign all or part of the creditor’s rights under a judgment. An assignment of
judgment document must be signed by the judgment creditor, by the judgment
creditor’s agent or by an attorney who represents the judgment creditor.
Signature by the judgment creditor’s agent is not subject to the requirement of
ORS 9.320 that a corporation appear by an attorney in all cases. The signature
must be acknowledged by a notary public. The document may be:
(a) Filed with the court administrator for
the court in which the judgment was entered, and upon such filing shall be
entered in the register and in the judgment lien record; or
(b) Recorded in any County Clerk Lien
Record in which the judgment was recorded under ORS 18.152.
(2) Upon filing or recording under this
section, an assignment of judgment document operates to assign the judgment
creditor’s rights under the judgment to the extent reflected in the document.
(3) If this or another state is assigned
or subrogated to the support rights of a person under ORS 412.024, 418.032,
419B.406 or 419C.597 or similar statutes of another state, an assignment of
judgment document bearing the signature of the Administrator of the Division of
Child Support of the Department of Justice or the authorized representative of
the administrator may be filed or recorded in the same manner as an assignment
of judgment document under subsection (1) of this section and shall have the
same effect as an assignment of judgment document signed by the judgment
creditor.
(4) This section does not apply to justice
courts, municipal courts or county courts performing judicial functions. [2003
c.576 §24; 2007 c.339 §7; 2011 c.226 §1]
18.210
[Repealed by 1979 c.284 §199]
18.220
[Repealed by 1979 c.284 §199]
SATISFACTION
OF MONEY AWARDS
18.225
Satisfaction of money awards generally. (1) A
satisfaction document may be for full or partial satisfaction of a money award.
The title of the document must indicate whether the money award has been
partially or fully satisfied. A satisfaction document must be signed by the
judgment creditor or by an attorney who represents the judgment creditor. The
signature of the judgment creditor or attorney signing a satisfaction document
must be witnessed by a notary public.
(2) When the money award portion of a
judgment has been fully satisfied, the judgment creditor must:
(a) File a satisfaction document for the
full amount of the money award portion of the judgment in the county in which
the judgment was entered; and
(b) Deliver to the judgment debtor a satisfaction
document for the full amount of the money award portion of the judgment for
every county in which the judgment has been recorded under ORS 18.152.
(3) Upon request by a judgment debtor or
any person with an interest in real property subject to a judgment lien, a
judgment creditor must provide to the judgment debtor a satisfaction document
for all amounts credited against a money award as of the date that the
satisfaction document is signed.
(4) A satisfaction document may be filed
with the court administrator at any time after entry of a judgment. The court
administrator may not charge a fee for filing a satisfaction document. The
court administrator shall note in the register and in the judgment lien record
that the satisfaction document has been filed, and shall note if the document
indicates that the money award has been fully satisfied.
(5) Upon payment of all required fees, the
court administrator shall issue a certified copy of any satisfaction document
filed with the court administrator and entered in the court register. The
certified copy may be recorded in any County Clerk Lien Record in which the
judgment was recorded under ORS 18.152.
(6) A satisfaction document for a support
award that is paid to the Department of Justice may be filed with the court
administrator only as provided in ORS 18.228.
(7) This section does not apply to justice
courts, municipal courts or county courts performing judicial functions. [2003
c.576 §25; 2007 c.339 §8]
18.228
Satisfaction of support awards payable to Department of Justice.
(1) If a support award is paid to the Department of Justice, the judgment
creditor may receive credit for satisfaction of the judgment only in the manner
provided by this section. The department may provide judgment creditors with
forms and instructions for satisfaction of support awards under this section.
(2) Any satisfaction document for a
support award described in subsection (1) of this section must be mailed to or
delivered to the Department of Justice, and not to the court administrator. The
department shall credit the amounts reflected in the satisfaction document to
the support award pay records maintained by the department. Except as provided
in subsection (3) of this section, the department shall not credit amounts against
the support award pay records to the extent that the judgment is assigned or
subrogated to this or another state. The Department of Justice shall thereafter
promptly forward the satisfaction document to the court administrator for the
court in which the money award was entered, together with a certificate from
the department stating the amounts reflected as paid in the support award pay
records maintained by the department. The court administrator shall note in the
register as paid only the amount stated in the certificate, and not the amount
shown on the satisfaction document.
(3) If a support award has been assigned
to this state, the Department of Justice may satisfy the support award to the
extent of the assignment. The department may credit the amounts reflected in
the satisfaction document to the support award pay records maintained by the
department and file the satisfaction document with the court administrator for
the court in which the money award was entered, together with a certificate from
the department stating the amounts reflected as paid in the support award pay
records. The court administrator shall note in the register and in the judgment
lien record the amount of satisfaction shown on the certificate, and not the
amount shown on the satisfaction document.
(4) Unless a judgment requires that
payments under a support award be paid to the Department of Justice or
enforcement services are provided pursuant to ORS 25.080, all satisfaction
documents for a support award must be filed with the court administrator. [2003
c.576 §26; 2007 c.339 §9]
18.230
[Amended by 1967 c.466 §1; 1975 c.134 §1; repealed by 1979 c.284 §199]
18.232
Alternate method for satisfaction of support awards payable to Department of
Justice. (1) In addition to or in lieu of the
certificate and satisfaction document provided for in ORS 18.228, the
Department of Justice may execute and file a satisfaction document for a
support award requiring payment to the department if:
(a) The judgment debtor provides a sworn
affidavit indicating that the money award has been paid in full;
(b) The department certifies that the
department has a complete pay record for the payments under the support award;
and
(c) The department certifies that there
are no arrearages.
(2) The Department of Justice shall be
considered to have a complete pay record for the purposes of subsection (1) of
this section if the department has kept the pay record for the support award
from the date that the first payment was to be made under the support award, or
if the judgment creditor 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.
(3) The signature of a person signing a
satisfaction document filed under this section need not be acknowledged by a
notary public.
(4) If a satisfaction document under this
section is for any payment made to the Department of Justice for amounts that
have not been assigned by the judgment creditor to the state, the department
shall give notice to the judgment creditor in the manner provided by ORS
25.085. The notice must inform the judgment creditor that the department will
execute and file the satisfaction of judgment unless the department receives a
request for a hearing within 30 days after the date the notice was mailed. If a
judgment creditor requests a hearing, the Department of Justice shall conduct
the hearing as a contested case under ORS chapter 183 before a hearing officer
appointed by the department. [2003 c.576 §27]
18.235
Motion to satisfy money award. (1) A
judgment debtor, or a person with an interest in real property against which a
judgment lien exists, may move the court for an order declaring that a money
award has been satisfied or for a determination of the amount necessary to
satisfy the money award, when the person making the motion cannot otherwise
obtain a satisfaction document from a judgment creditor.
(2) Motions under this section shall be
filed in the action in which the judgment was entered. All proceedings on the
motion shall be conducted as part of the action in which the judgment was
entered. An appearance fee may not be charged for filing a motion under this
section.
(3) A motion under this section must
include the following information, to the extent known to the person making the
motion:
(a) The date of entry and principal amount
of the money award.
(b) The rate of interest and the date the
interest commenced to accrue.
(c) The date or dates and amounts of any
payments on the money award.
(d) Any amount that the person believes
remains to be paid on the money award, including any supporting mathematical
calculations.
(e) Any other information necessary or
helpful to the court in making its determination.
(4) A person making a motion under this
section must serve the motion on the judgment creditor. If the person making
the motion is not the judgment debtor, the person also must serve the motion
and supporting affidavit on the judgment debtor. If an assignment of judgment
document has been filed with the court under ORS 18.205, the motion must be
served on the person named as the assignee of the judgment. Service on the
judgment creditor and judgment debtor under this subsection may be made as
provided in ORCP 9 if the motion is filed within one year after entry of the
judgment. If the motion is filed more than one year after entry of the
judgment, or service is to be made on an assignee of the judgment, the motion
may either be personally served as provided in ORCP 7, or be served by certified
mail, return receipt requested with signed receipt. The court may waive service
on any person under this subsection if the person making the motion files an
affidavit with the court stating that the person cannot be found after diligent
effort by the person making the motion. The person making the motion shall file
proof of service with the court.
(5) A person served with a motion under
this section must file a response within 21 days after service is made, or
within such time as may be allowed by the court. The response must specifically
identify those assertions in the motion that the person contests. The response
must contain any information or mathematical calculations necessary to support
the contentions of the responding party.
(6) The court shall hear the motion not
less than seven days after notice of hearing is given to the person making the
motion and to the parties served with the motion. The court shall hear and
determine the issues in a summary fashion without a jury. The court shall give
the parties a reasonable opportunity to present evidence relevant to any
factual issues.
(7) If the court determines that the
person making the motion is entitled to relief, the court shall issue an order
providing that the money award has been satisfied in full or, if the money
award has not been satisfied in full, the specific amount that will satisfy the
judgment on a specific date or within a period of time specified in the order.
(8) If the court finds that the judgment
creditor willfully failed to provide a satisfaction document under ORS 18.225,
the court may render a supplemental judgment awarding reasonable attorney fees
to the person making the motion. The supplemental judgment may provide that the
person making the motion may satisfy the judgment by paying such amounts the
court determines to be necessary to satisfy the judgment less that sum of money
the court awards as attorney fees.
(9) If the court finds that the money
award has been satisfied, or if the amount specified by the court is paid to
the court administrator within the time specified by the court, the court
administrator shall note in the register and in the judgment lien record that
the money award has been satisfied in full. The court administrator shall
deliver any money paid to the court administrator to the party or parties
specified in the court’s order.
(10) Upon request of the person making the
motion, the court administrator shall issue a certificate indicating that the
money award has been satisfied. The certificate may be recorded in any County
Clerk Lien Record in which the judgment was recorded under ORS 18.152.
Recording of the certificate eliminates any judgment lien that was created by
the recording of the judgment.
(11) At least five days before filing a
motion under this section, the person must serve by personal delivery or first
class mail a copy of the motion on the Administrator of the Division of Child
Support of the Department of Justice, or on the branch office of the Department
of Justice providing support services to the county in which the motion will be
made, if:
(a) The motion relates to satisfaction of
a support award; and
(b) Child support rights, as defined in
ORS 25.010, for the judgment creditor have been assigned to the state.
(12) This section does not apply to
justice courts, municipal courts or county courts performing judicial
functions. [2003 c.576 §28; 2007 c.166 §3; 2007 c.339 §10]
18.238
Proceedings after discharge in bankruptcy. (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 under ORS 18.205, 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 to which
a judgment lien had attached under ORS 18.150, 18.152, 52.635 or 221.351, 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, when
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 the judgment in
which the creditor retains a beneficial interest. When 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 may not
provide the basis for satisfaction for that portion of the judgment which
represents the amount actually paid by the assignee of the judgment for the
claim and actual court costs incurred by the assignee in prosecuting the claim.
[Formerly 18.420]
18.240
[Repealed by 1979 c.284 §199]
CONTRIBUTION
18.242
Contribution among judgment debtors; subrogation of surety.
When property liable to an execution against several persons is sold thereon,
and more than a due proportion of the judgment is levied upon the property of
one of them, or one of them pays, without a sale, more than that person’s proportion,
that person may compel contribution from the others; and when a judgment is
against several, and is upon an obligation or contract of one of them as
security for another, and the surety pays the amount, or any part thereof,
either by sale of property or before sale, the surety may compel repayment from
the principal. In such cases, the person so paying or contributing shall be
entitled to the benefit of the judgment to enforce contribution or repayment,
if within 30 days after payment the person files with the clerk of the court
where the judgment was rendered, notice of payment and claim to contribution or
repayment; upon filing such notice, the clerk shall make an entry thereof in
the margin of the docket where the judgment is entered. In any county where the
judgment was recorded the person may have the notice of payment and claim to
contribution or repayment recorded in the County Clerk Lien Record. [Formerly
18.430]
Note:
18.242 was enacted into law by the Legislative Assembly but was not added to or
made a part of ORS chapter 18 or any series therein by legislative action. See
Preface to Oregon Revised Statutes for further explanation.
APPEAL
18.245
Jurisdictional requirements. The following
requirements are the only requirements of this chapter that are jurisdictional
for the purposes of appeal of a judgment:
(1) The judgment document for the judgment
must be plainly titled as a judgment as required by ORS 18.038 (1).
(2) The judgment document for the judgment
must comply with the requirements of ORS 18.038 (4).
(3) The court administrator for the
circuit court rendering the judgment must note in the register of the court
that the judgment document has been filed, as required by ORS 18.058 (1). [2005
c.568 §2]
Note:
See first note under 18.005.
18.250
[Repealed by 1979 c.284 §199]
ENFORCEMENT
OF JUDGMENTS
(Generally)
18.252
Execution. (1) Except as provided in this section,
and subject to the terms of the judgment, a judgment may be enforced by
execution upon entry of the judgment. The ability to enforce a judgment by
execution expires as provided in ORS 18.180 to 18.192.
(2) Any portion of a money award that by
the terms of the judgment is to be paid on some date after the date that the
judgment is entered may be enforced by execution when payment becomes due under
the terms of the money award and is not paid.
(3) Except as provided in ORS 18.255 or by
other law, a judgment may be enforced only by the court in which the judgment
is entered or, if the judgment is a foreign judgment, the court in which the
judgment is first filed under ORS 24.115 or 110.405.
(4) Nothing in ORS 18.252 to 18.993
affects the ability of a judgment creditor to enforce a judgment by means other
than execution. [2003 c.576 §29]
18.255
Enforcement of judgment by circuit court for county where debtor resides.
(1) The circuit court for the county where a judgment debtor resides may
enforce a circuit court judgment entered in another circuit court if a
transcript of the original judgment is filed with the court. The circuit court
for the county where a judgment debtor resides may issue a writ of execution
against real property under the provisions of this section only if a certified
copy of the original judgment, or a lien record abstract in the form provided
by ORS 18.170, is recorded in the County Clerk Lien Record for that county, in
addition to the filing of a transcript of the original judgment with the
circuit court for that county. In no event shall the court administrator be
liable for issuing a writ of execution, writ of garnishment or other execution
for a judgment transcribed pursuant to this section.
(2) A judgment creditor who files a
transcript of a judgment under subsection (1) of this section must give written
notice of the filing to the circuit court in which the judgment was originally
entered.
(3) At the time a transcript of a judgment
is filed under this section, the judgment creditor or the attorney for the
judgment creditor must make and file with the court administrator a statement
containing the information required for a money award under ORS 18.042 (2) 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 the 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.
(4) The circuit court in which a
transcript of a judgment is filed under this section is the only court with
authority to issue a writ of execution, writ of garnishment or other execution
on the transcribed judgment until the judgment creditor files an affidavit with
the circuit court certifying that the judgment debtor no longer resides in that
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, only the circuit court in which the judgment
was originally entered may issue a writ of execution, writ of garnishment or
other execution on the judgment.
(5) When a transcribed judgment is filed
with a circuit court under this section, the court administrator shall enter
the transcribed judgment in the register but shall not note in the register
that the judgment creates a judgment lien. 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. Satisfaction documents under ORS
18.225 and certificates of extension under ORS 18.180 to 18.192 may be filed
only in the court in which the judgment was originally entered.
(6) This section does not apply to justice
courts, municipal courts or county courts performing judicial functions. [2003
c.576 §30]
18.260
[Amended by 1971 c.224 §1; repealed by 1979 c.284 §199]
(Proceedings
in Support of Execution)
18.265
Debtor examination. (1) At any time after a judgment
is entered, a judgment creditor may upon motion obtain an order requiring the
judgment debtor to appear before the court or a referee appointed by the court
at the time and place specified in the order, and requiring the judgment debtor
to answer under oath questions concerning any property or interest in property
that the judgment debtor may have or claim. The motion must be supported by one
of the following:
(a) Proof of service of a notice of demand
to pay the judgment within 10 days. The notice of demand must be served in the
same manner as a summons or by any form of mail addressed to the judgment
debtor and requesting a receipt. Service by mail under this paragraph is
effective on the date of mailing.
(b) A return of a writ of execution
showing that the judgment has not been satisfied.
(c) A garnishee response to a writ of
garnishment that does not fully satisfy the judgment.
(2) Only the following courts may issue an
order under this section:
(a) The court in which the original
judgment was entered.
(b) Any circuit court for the county in
which the judgment debtor resides and in which the judgment has been recorded
under ORS 18.152.
(c) Any circuit court for the county in
which the principal place of employment of the judgment debtor is located and
in which the judgment has been recorded under ORS 18.152.
(3) If a motion under this section is
filed in the court specified by subsection (2)(b) or (c) of this section, a
certified copy of the judgment or a certified copy of the recording made in the
County Clerk Lien Record of the county must be filed with the motion unless a
transcript of the judgment has been filed with the court under ORS 18.255.
(4) Except as provided in this section, a
judgment debtor may not be required to attend in a county other than the county
in which the judgment debtor resides or may be found at the time of service of
the order requiring the appearance, unless the place where the judgment debtor
is to appear is not more than 100 miles from the residence of the judgment
debtor.
(5) If the judgment debtor resides more
than 100 miles from the place of examination, the judgment debtor shall be
required to appear and shall be paid mileage at the time of the hearing as provided
for witnesses in ORS 44.415.
(6) Upon motion and good cause shown, the
court may order that proceedings under this section be conducted at a time or
place other than the time or place specified in the original order.
(7) The court may at any time enter an
order restraining the judgment debtor from selling, transferring or in any
manner disposing of any property of the judgment debtor that is subject to
execution pending an examination under this section. [2003 c.576 §31]
18.268
Conduct of debtor examination; seizure of property.
(1) A judgment debtor may be examined on oath concerning the judgment debtor’s
property in a debtor’s examination. Upon request by the judgment creditor, the
proceedings shall be reduced to writing and filed with the court administrator.
The judgment creditor and judgment debtor may subpoena and examine witnesses.
(2) If it appears that the judgment debtor
has any property that may be applied against the judgment, the court may order
that the property be seized for application against the judgment. [2003 c.576 §32]
18.270
Written interrogatories. (1) At any time after a judgment
is entered, a judgment creditor may serve written interrogatories relating to
the judgment debtor’s property and financial affairs on a judgment debtor. The
interrogatories may be personally served in the manner provided for summons or
may be served by any form of mail addressed to the judgment debtor and
requesting a receipt. Service by mail under this subsection is effective on the
date of mailing. The interrogatories shall notify the judgment debtor that the
judgment debtor’s failure to answer the interrogatories truthfully shall
subject the judgment debtor to the penalties for false swearing as provided in
ORS 162.075 and for contempt of court as provided in ORS 33.015 to 33.155.
(2) Within 20 days after receipt of the
interrogatories, the judgment debtor must answer all questions under oath and
return the original interrogatories to the judgment creditor.
(3) Failure of the judgment debtor to comply
with the provisions of this section is contempt of court, and the judgment
creditor may commence proceedings under the provisions of ORS 33.015 to 33.155.
[2003 c.576 §33; 2005 c.22 §7]
EXEMPT
PROPERTY
(Generally)
18.300
Resident not entitled to federal bankruptcy exemptions.
In accordance with Section 522 (b) of the Bankruptcy Code of 1978 (11 U.S.C.
522 (b)), residents of this state shall not be entitled to the federal
exemptions provided in Section 522 (d) of the Bankruptcy Code of 1978 (11 U.S.C.
522 (d)). Nothing in this section shall affect the exemptions given to
residents of this state by the Constitution of the State of Oregon and the
Oregon Revised Statutes. [Formerly 23.305]
18.305
Property not exempt from execution for purchase price.
No article of property, or if the same has been sold or exchanged, then neither
the proceeds of such sale nor the articles received in exchange therefor, shall
be exempt from execution issued on a judgment recovered for its price. [Formerly
23.220]
18.310
[Amended by 1967 c.471 §1; repealed by 1979 c.284
§199]
18.312
Execution not to issue against property of deceased party; exception.
(1) Except as provided in subsection (2) of this section, execution may not be
issued against the property of a deceased party. Except as provided in
subsection (2) of this section, a judgment against a deceased party may be
collected only by making a claim against the estate of the deceased party in
the manner prescribed by ORS chapter 115 or ORS 114.505 to 114.560.
(2) This section does not prevent the
issuance of execution and sale of property pursuant to a judgment of
foreclosure and sale of property of the decedent. If the amount realized from
the sale of property is not sufficient to satisfy the judgment and collection
of the deficiency is otherwise allowed by law, the amount of the deficiency may
be collected by making a claim against the estate in the manner prescribed by
ORS chapter 115 or ORS 114.505 to 114.560. [Formerly 23.105; 2007 c.495 §1]
18.315
[1999 c.788 §15; repealed by 2003 c.576 §580]
18.318
Execution against property in possession or control of public officer or
agency. Any salary, wages, credits, or other
personal property in the possession or under the control of the state or of any
county, city, school district or other political subdivision therein, or any
board, institution, commission, or officer of the same, belonging or owed to
any person, firm or corporation, shall be subject to execution in the same
manner and with the same effect as property in the possession of individuals is
subject to execution; however, process in such proceedings may be served only
on the board, department, institution, commission, agency, or officer charged
with the duty of approving a voucher or claim for such salary, wages, credits,
or other property. No clerk or officer of any court shall be required to answer
as garnishee as to any moneys or property in the possession of the clerk or
officer in the custody of the law. [Formerly 23.190]
18.320
[Amended by 1961 c.151 §1; 1983 c.405 §1; 1983 c.696 §3; 1985 c.343 §1; 1987
c.586 §3; 1989 c.768 §5; 1993 c.223 §2; 1997 c.801 §59; 1999 c.80 §31; 1999
c.788 §18; repealed by 2003 c.576 §580]
18.322
Adjudication of claim of exemption. The judgment
debtor’s claim of exemption shall, upon application of either plaintiff or
judgment debtor, be adjudicated in a summary manner at a hearing in the court
out of which the execution issues. [Formerly 23.168; 2005 c.542 §56]
18.325
[1987 c.586 §2b; 1989 c.171 §2; 1999 c.59 §6; 1999 c.80 §32; 1999 c.195 §5;
2003 c.73 §13; 2003 c.576 §570; renumbered 18.170 in 2003]
18.330
[Repealed by 1959 c.558 §29 (18.335 enacted in lieu of 18.330)]
18.335
[1959 c.558 §30 (enacted in lieu of 18.330); 1979 c.284 §54; 1983 c.405 §2;
1987 c.873 §21; 1997 c.340 §5; 1997 c.872 §16; 2001 c.249 §67; repealed by 2003
c.576 §580]
18.340
[Repealed by 1959 c.558 §51]
(Personal
Property)
18.345
Exempt personal property generally. (1) All
property, including franchises, or rights or interest therein, of the judgment
debtor, shall be liable to an execution, except as provided in this section and
in other statutes granting exemptions from execution. The following property,
or rights or interest therein of the judgment debtor, except as provided in ORS
18.305, shall be exempt from execution:
(a) Books, pictures and musical
instruments to the value of $600.
(b) Wearing apparel, jewelry and other
personal items to the value of $1,800.
(c) The tools, implements, apparatus,
team, harness or library, necessary to enable the judgment debtor to carry on
the trade, occupation or profession by which the judgment debtor habitually
earns a living, to the value of $5,000.
(d) A vehicle to the value of $3,000. As
used in this paragraph “vehicle” includes an automobile, truck, trailer, truck
and trailer or other motor vehicle.
(e) Domestic animals and poultry kept for
family use, to the total value of $1,000 and food sufficient to support such
animals and poultry for 60 days.
(f) Household goods, furniture, radios, a
television set and utensils all to the total value of $3,000, if the judgment
debtor holds the property primarily for the personal, family or household use
of the judgment debtor; provisions actually provided for family use and
necessary for the support of a householder and family for 60 days and also 60
days’ supply of fuel.
(g) All property of the state or any
county or incorporated city therein, or of any other public or municipal
corporation of like character.
(h) All professionally prescribed health
aids for the debtor or a dependent of the debtor.
(i) Spousal support, child support, or
separate maintenance to the extent reasonably necessary for the support of the
debtor and any dependent of the debtor.
(j) The debtor’s right to receive, or
property that is traceable to, an award under any crime victim reparation law.
(k) The debtor’s right to receive, or
property that is traceable to, a payment or payments, not to exceed a total of
$10,000, on account of personal bodily injury of the debtor or an individual of
whom the debtor is a dependent.
(L) The debtor’s right to receive, or
property that is traceable to, a payment in compensation of loss of future
earnings of the debtor or an individual of whom the debtor is or was a
dependent, to the extent reasonably necessary for the support of the debtor and
any dependent of the debtor.
(m) Veterans’ benefits and loans.
(n) The debtor’s right to receive an
earned income tax credit under the federal tax laws and any moneys that are
traceable to a payment of an earned income tax credit under the federal tax
laws.
(o) The debtor’s interest, not to exceed
$400 in value, in any personal property. However, this exemption may not be
used to increase the amount of any other exemption.
(2) If the property claimed by the
judgment debtor as exempt is adjudicated by the court out of which the
execution issued to be of a value in excess of that allowed by the appropriate
paragraph of subsection (1) of this section, the officer seizing the property
shall proceed to sell such property. Out of the proceeds of such sale, the
officer shall deduct costs of sale and shall pay to the judgment debtor an
amount equivalent to the value declared to be exempt by any of the paragraphs
of subsection (1) of this section and shall apply the balance of the proceeds
of sale on the execution. A sale may not be made under such execution unless
the highest bid made exceeds the appropriate exemption claimed and allowed plus
costs of sale. If no bid is received in excess of the value allowed by the
appropriate paragraph of subsection (1) of this section, the costs of sale
shall be borne by the judgment creditor.
(3) If two or more members of a household
are joint judgment debtors, each judgment debtor shall be entitled to claim the
exemptions in subsection (1)(a), (b), (c), (d) and (o) of this section in the
same or different properties. The exemptions provided by subsection (1)(a),
(b), (c), (d), (j), (k) and (o) of this section, when claimed for jointly owned
property, may be combined at the option of the debtors.
(4) Notwithstanding any other provision of
law except ORS 657.855, if a writ of garnishment or other execution is issued
to collect past due support as defined in ORS 18.600, 50 percent of
unemployment compensation benefits, workers’ compensation benefits and other
benefits paid to the debtor by the United States, by the state or by a
political subdivision of the state are exempt. The exemption related to
unemployment compensation benefits provided by this subsection is subject to ORS
657.855. The exemption provided by this subsection applies without regard to
whether the payment is made on a periodic basis or in a lump sum, including any
lump sum payable pursuant to a settlement or judgment. Notwithstanding
subsection (1)(k) of this section, if a payment is made under a settlement or
judgment on account of personal bodily injury and the garnishment or other
execution is issued to collect past due support as defined in ORS 18.600, the
lesser of 50 percent of the payment or $7,500 is exempt. [Formerly 23.160; 2005
c.456 §1; 2009 c.612 §1; 2011 c.93 §1; 2011 c.317 §4]
18.348
Certain funds exempt when deposited in account; limitation.
(1) Funds that are exempt from execution under ORS 18.358, 18.385, 238.445,
344.580, 348.863, 407.595, 411.760, 414.095, 655.530, 656.234, 657.855 and
748.207 remain exempt when deposited in an account in a financial institution
as long as the exempt funds are reasonably identifiable.
(2) Subsection (1) of this section does
not apply to any accumulation of funds greater than $7,500.
(3) All funds that are exempt under
federal law remain exempt when deposited in an account in a financial
institution as long as the exempt funds are reasonably identifiable.
(4) The application of subsections (1) and
(3) of this section is not affected by the commingling of exempt and nonexempt
funds in an account. For the purpose of identifying exempt funds in an account,
first in, first out accounting principles shall be used.
(5) The provisions of this section do not
affect the duties of a garnishee with respect to amounts in accounts that are
not subject to garnishment under ORS 18.784. [Formerly 23.166; 2005 c.381 §19;
2009 c.430 §4; 2009 c.718 §37]
18.350
[Amended by 1961 c.151 §2; 1983 c.405 §3; 1983 c.696 §3a; 1985 c.343 §2; 1987
c.586 §4; 1993 c.523 §1; 1997 c.71 §13; 1997 c.801 §66; 1999 c.195 §1; 1999
c.788 §21a; repealed by 2003 c.576 §580]
18.352
Proceeds of casualty and indemnity insurance attachable on execution.
Whenever a judgment debtor has a policy of insurance covering liability, or
indemnity for any injury or damage to person or property, which injury or
damage constituted the cause of action in which the judgment was rendered, the
amount covered by the policy of insurance shall be subject to attachment upon
the execution issued upon the judgment. [Formerly 23.230]
18.355
[1999 c.788 §16; 2003 c.576 §93; renumbered 18.162 in 2003]
18.358
Certain retirement plans exempt from execution; exceptions.
(1) As used in this section:
(a) “Beneficiary” means a person for whom
retirement plan benefits are provided or their spouse.
(b) “Internal Revenue Code” means the
federal Internal Revenue Code as amended and in effect on December 31, 1998.
(c) “Permitted contribution” means:
(A) A contribution that, at the time of
the contribution, is not taxable income to the beneficiary and, if the sponsor
is a taxable entity, is tax deductible to the sponsor;
(B) A nondeductible contribution by a
beneficiary to a retirement plan to the extent that the contribution is permitted
to be made under the Internal Revenue Code;
(C) A deductible or nondeductible
contribution to an individual retirement account to the extent the contribution
is not subject to federal excise tax as an excess contribution;
(D) A contribution, pursuant to a rollover
or transfer, from one retirement plan to another, to the extent the federal tax
deferred status is preserved at such time;
(E) A rollover from an individual
retirement account described in section 408 of the Internal Revenue Code to an
individual retirement account described in section 408A of the Internal Revenue
Code; and
(F) Any earnings under a retirement plan
which are attributable to a contribution described in subparagraphs (A) to (E)
of this paragraph.
(d) “Retirement plan” means:
(A) A pension plan and trust, including a
profit sharing plan, that is described in sections 401(a), 401(c), 401(k), 403
and 457 of the Internal Revenue Code, including that portion attributable to
contributions made by or attributable to a beneficiary;
(B) An individual retirement account or
annuity, including one that is pursuant to a simplified employee pension, as
described in section 408 or 408A of the Internal Revenue Code; and
(C) Any pension not described in
subparagraphs (A) and (B) of this paragraph granted to any person in
recognition or by reason of a period of employment by or service for the
Government of the United States or any state or political subdivision of any
state, or any municipality, person, partnership, association or corporation.
(e) “Sponsor” means an individual or
entity which establishes a retirement plan.
(2) Subject to the limitations set forth
in subsection (3) of this section, a retirement plan shall be conclusively
presumed to be a valid spendthrift trust under these statutes and the common
law of this state, whether or not the retirement plan is self-settled, and a
beneficiary’s interest in a retirement plan shall be exempt, effective without
necessity of claim thereof, from execution and all other process, mesne or
final.
(3) Notwithstanding subsection (2) of this
section:
(a) A contribution to a retirement plan,
other than a permitted contribution, shall be subject to ORS 95.200 to 95.310
concerning fraudulent transfers; and
(b) Unless otherwise ordered by a court
under ORS 25.387, 75 percent of a beneficiary’s interest in a retirement plan,
or 50 percent of a lump sum retirement plan disbursement or withdrawal, shall
be exempt from execution or other process arising out of a support obligation
or an order or notice entered or issued under ORS chapter 25, 107, 108, 109,
110, 416, 419B or 419C. [Formerly 23.170; 2011 c.317 §5]
18.360
[Amended by 1983 c.405 §4; 1983 c.696 §32a; 1985 c.343 §3; 1987 c.586 §5; 1993
c.716 §1; 1993 c.763 §6; 1995 c.79 §5; 1997 c.801 §103; 1999 c.788 §22;
repealed by 2003 c.576 §580]
18.362
Exemption for firearms. Every citizen of this state
above the age of 16 years shall be entitled to have, hold and keep, for the own
use and defense of the citizen and shall have exempt from execution one rifle
or shotgun and one pistol. The combined value of all firearms claimed as exempt
under this section may not exceed $1,000. [Formerly 23.200]
18.364
Prohibition on demanding firearms. No officer,
civil or military, or other person, shall take from or demand of the owner any
firearms mentioned in ORS 18.362, except where the services of the owner are
also required to keep the peace or defend the state. [Formerly 23.210]
18.365
[1999 c.788 §17; 2003 c.576 §94; renumbered 18.194 in 2003]
18.370
[Amended by 1987 c.586 §6; 2003 c.576 §45a; renumbered 18.165 in 2003]
(Wages)
18.375
Definitions. As used in this section and ORS 18.385:
(1) “Disposable earnings” means that part
of the earnings of an individual remaining after the deduction from those
earnings of any amounts required to be withheld by law.
(2) “Earnings” means compensation paid or
payable for personal services, whether denominated as wages, salary,
commission, bonus or otherwise, and includes periodic payments pursuant to a
pension or retirement program.
(3) “Employer” means any entity or
individual who engages a person to perform work or services for which
compensation is given in periodic payments or otherwise, even though the
relationship of the person so engaged to the employer may be as an independent
contractor for other purposes.
(4) “Garnishment” means any legal or
equitable procedure through which the earnings of an individual are required to
be withheld for payment of a debt. “Garnishment” does not include the procedure
authorized by ORS 25.372 to 25.427, 419B.408 or 419C.600 or ORS chapter 110. [Formerly
23.175]
18.380
[Repealed by 1985 c.343 §14]
18.385
Wage exemption. (1) Except as provided in this
section, 75 percent of the disposable earnings of an individual are exempt from
execution.
(2) The disposable earnings of an
individual are exempt from execution to the extent that payment under a
garnishment would result in net disposable earnings for an individual of less
than the following amounts:
(a) $218 for any period of one week or
less;
(b) $435 for any two-week period;
(c) $468 for any half-month period;
(d) $936 for any one-month period; and
(e) For any other period longer than one
week, $218 multiplied by that fraction produced by dividing the number of days
for which the earnings are paid by seven. The amount calculated under this
paragraph must be rounded to the nearest dollar.
(3) If an individual is paid for a period
shorter than one week, the exemption calculated under subsection (2) of this
section may not exceed $218 for any one-week period.
(4) An employer shall deduct from the
amount of disposable earnings determined to be nonexempt under subsections (1)
to (3) of this section any amounts withheld from the individual’s earnings for
the same period of time under an order issued pursuant to ORS 25.378, 419B.408
or 419C.600 or ORS chapter 110. The employer shall make payment under a
garnishment only of those amounts remaining after the deduction is made.
(5) Subsections (1) to (4) of this section
do not apply to:
(a) Any order of a court of bankruptcy.
(b) Any debt due for federal tax.
(6) Subsections (2) to (4) of this section
do not apply to any debt due for state tax. Subsection (1) of this section does
not apply to a debt due for state tax if a state agency issues a special notice
of garnishment under ORS 18.855 (6).
(7) A court may not make, execute or
enforce any order or process in violation of this section.
(8) Any waiver by an individual of the
provisions of this section is void.
(9) An employer may not discharge any
individual because the individual has had earnings garnished. [Formerly 23.186;
2007 c.496 §§9,14; 2011 c.228 §1]
18.390
[Amended by 1961 c.151 §3; 1983 c.696 §4; repealed by 1985 c.343 §14]
(Homesteads)
18.395
Homestead exemption. (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 $40,000, 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 $50,000. 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
(c) The sale of the property.
(2) The exemption shall extend to the
proceeds derived from such sale to an amount not exceeding $40,000 or $50,000,
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) 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.
(8) Upon the issuance of an order
authorizing sale as required by ORS 18.904, and in conformance with subsection
(5) of this section, the sheriff may proceed to sell the property. If the
homestead exemption applies, the sheriff shall pay the homestead owner out of
the proceeds the sum of $40,000 or $50,000, 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 $40,000 or $50,000, whichever is
applicable. If no such bid is received, the expense of the sale shall be borne
by the petitioner.
(9) The homestead exemption provided by
this section applies to a purchaser’s interest under a land sale contract, as
defined by ORS 18.960.
(10) The homestead exemption provided by
this section applies to:
(a) A floating home, as defined by ORS
830.700; and
(b) A manufactured dwelling, as defined by
ORS 446.003. [Formerly 23.240; 2005 c.456 §2; 2005 c.542 §57; 2009 c.612 §2]
Note:
Section 3, chapter 135, Oregon Laws 1999, provides:
Sec.
3. The amendments to ORS 23.240
[renumbered 18.395] and 23.164 [renumbered 18.428 and repealed by 2009 c.612 §9]
by sections 1 and 2 of this 1999 Act apply only to judgments entered in the
register of a court on or after the effective date of this 1999 Act [October
23, 1999]. [1999 c.135 §3]
18.398
Denial of homestead exemption when judgment is for child support.
(1) It is the policy of this state:
(a) To afford protection to the debtor and
the debtor’s family homestead through the homestead exemption;
(b) To maintain dependent children from
the financial resources of both parents of those children;
(c) That the homestead exemption should
not be permitted to serve as a shield for a debtor’s evasion of child support
obligations;
(d) That the burden for that support
should not be shifted in all cases to the present family of the debtor through
the sale of the family residence; and
(e) That to accommodate these policies,
the court should have the discretion to decline to allow all or part of a
claimed homestead exemption in cases involving child support as provided in
this section.
(2) Notwithstanding ORS 18.395 to 18.422,
a court in its discretion may decline to allow a homestead exemption in whole
or part in any proceeding under ORS 18.912 if the proceeding is based on a
judgment for child support that arises out of an order or judgment under ORS
24.115, 107.095, 107.105, 107.135, 108.120, 109.100, 109.103, 109.155, 109.165,
416.400 to 416.465, 419B.400 or 419C.590 or ORS chapter 110 or 125.
(3) In exercising the discretion granted
under subsection (1) of this section, the court shall consider:
(a) The financial resources of both
parties;
(b) The number of dependents of each of
the parties;
(c) The ages, health and conditions of
parties and their dependents;
(d) The child support payment history of
the judgment debtor on the judgment which is the subject of the petition; and
(e) Other collection attempts by the
judgment creditor on the judgment which is the subject of the petition.
(4) This section shall not apply to any
proceeding under ORS 18.912 brought by or on the behalf of the state or any
agency of the state. [Formerly 23.242; 2005 c.542 §58]
18.400
[Amended by 1965 c.619 §7; 1979 c.694 §1; 1983 c.696 §5; 1985 c.343 §4; 1985 c.496
§18; 1985 c.610 §2; 1987 c.586 §7; 1993 c.33 §275; 1995 c.608 §20; 1997 c.123 §1;
1997 c.704 §12; 1999 c.788 §23; 2001 c.900 §235; 2003 c.73 §14; repealed by
2003 c.576 §580]
18.402
Limitations on homestead exemption. The homestead
mentioned in ORS 18.395 shall consist, when not located in any town or city
laid off into blocks and lots, of any quantity of land not exceeding 160 acres,
and when located in any such town or city, of any quantity of land not
exceeding one block. However, a homestead under this section shall not exceed
in value the sum of $40,000 or $50,000, whichever amount is applicable under
ORS 18.395 (1). [Formerly 23.250; 2005 c.456 §3; 2009 c.612 §3]
18.405
[1979 c.694 §3; 2001 c.334 §1; repealed by 2003 c.576 §580]
18.406
Exemption not applicable to certain liens, mortgages and interests.
ORS 18.395 to 18.422 do not apply to construction liens for work, labor or
material done or furnished exclusively for the improvement of the homestead
property, to purchase money liens, to mortgages lawfully executed, or to the
enforcement of a seller’s rights under a land sale contract, as defined by ORS
18.960. [Formerly 23.260; 2005 c.542 §58a]
18.410
[Amended by 1985 c.540 §26; 1987 c.586 §8; 1989 c.768 §6; 1999 c.788 §24;
repealed by 2003 c.576 §580]
18.412
Notice of intent to discharge judgment lien against homestead.
(1) At any time after the date of execution of an agreement to transfer the
ownership of property in which a homestead exemption exists pursuant to ORS
18.395, the homestead owner or the owner’s transferee may give notice of intent
to discharge the property from the judgment lien to a judgment creditor. Each
notice shall bear the caption of the action in which the judgment was recovered
and shall:
(a) Identify the property and the judgment
and state that the judgment debtor is about to transfer, or has transferred,
the property and that the transfer is intended to discharge the property from
any lien effect of the judgment;
(b) State the fair market value of the
property on the date of the notice or of any applicable petition in bankruptcy,
whichever is applicable, and list the encumbrances against the property,
including the nature and date of each encumbrance, the name of the encumbrancer
and the amount presently secured by each encumbrance;
(c) State that the property is claimed by
the person giving the notice to be wholly exempt from the lien of the judgment
or, if the value of the property exceeds the sum of the encumbrances specified
as required under paragraph (b) of this subsection that are senior to the
judgment lien and $40,000 or $50,000, whichever amount of the homestead
exemption is applicable under ORS 18.395 (1), that the amount of the excess or
the amount due on the judgment, whichever is less, will be deposited with the
court administrator for the court in which the judgment was entered for the use
of the judgment holder; and
(d) Advise the holder of the judgment that
the property may be discharged from any lien arising from the judgment, without
further notice to the judgment creditor, unless prior to a specified date,
which in no case may be earlier than 14 days after the date of mailing of the
notice, the judgment creditor files objections and a request for a hearing on
the matter as provided in ORS 18.415.
(2) Each notice described by subsection
(1) of this section shall be sent by certified mail to the judgment creditor,
as shown by the court records, at the judgment creditor’s present or last-known
address according to the best knowledge of the person sending the notice. A
copy of each notice, together with proof of mailing, may be filed with the
court administrator for the court in which the judgment was entered and shall
be filed by the court administrator with the records and files of the action in
which the judgment was recovered. [Formerly 23.280; 2005 c.456 §4; 2007 c.129 §9;
2009 c.612 §4]
18.415
Objections to discharge; hearing. (1) Any
holder of an interest in a judgment described in a notice sent pursuant to ORS
18.412 may file objections to the notice and a request for a hearing upon the
application for an order made pursuant to ORS 18.422 (4). The objections and
the request for a hearing must be filed in the court that entered the judgment.
The objections and the request for hearing must be filed prior to the date
specified in the notice and must indicate the grounds for the objections and
include the address to which notice of any hearing upon request for an order
may be sent.
(2)(a) If the holder of a judgment admits
the validity of the homestead exemption and objects only that the value placed
upon the property in the notice is or was less than the fair market value of
the property on the date of the notice or petition in bankruptcy, whichever is
applicable, the court shall try the issue of fair market value without formal
pleadings. Each party may offer evidence of fair market value, but the holder
of the judgment has the burden of proving the fair market value.
(b) If the objection is made to other than
the valuation of the property, the court shall try the issues of fact and law
in the manner of a quiet title suit and may direct filing of formal pleadings
as it considers necessary for definition of issues.
(3) If the court finds that the fair
market value of the property specified in the notice reasonably approximates
the fair market value of the property on the date of the notice or petition in
bankruptcy, whichever is applicable, or, if other issues are raised by the
objections and are decided against the holder of the judgment, the court shall
make an order that the property is not subject to the lien of the objecting
judgment holder. In all other cases, the application for an order shall be
dismissed and the lien upon the property shall not be affected by the notice. [Formerly
23.290; 2005 c.568 §23]
18.420
[Amended by 1961 c.538 §1; 1987 c.586 §9; 1991 c.696 §1; 1999 c.788 §25; 2003
c.576 §571; renumbered 18.238 in 2003]
18.422
Release of judgment lien. (1) If a deposit, as required by
ORS 18.412 (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 18.412 (1) is entitled to receive the full amount of any deposit made
with respect to the judgment upon delivery to the court administrator of a
release of lien document in the form provided by ORS 18.200 for the property
described in the notice. 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 release of lien document recorded in the County Clerk Lien Record.
(3) If a release of lien document for the
property is not delivered by the holder of the judgment to the court
administrator as required by subsection (2) of this section, the court
administrator shall hold the deposit described in ORS 18.412 (1) and the
deposit shall be paid by the court administrator to the homestead claimant upon
expiration of the judgment remedies for the judgment as provided in ORS 18.180
to 18.192.
(4) At any time after the date specified
in a notice, as provided by ORS 18.412 (1)(d), the homestead claimant for the
property described in the judgment may apply to the court in which the judgment
was entered 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 18.415, 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 18.412. 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. [Formerly 23.300]
18.425
[1987 c.774 §29; 1997 c.801 §123; 1999 c.788 §26; repealed by 2001 c.779 §10]
18.428
[Formerly 23.164; 2005 c.542 §59a; 2005 c.568 §24; repealed by 2009 c.612 §9]
18.430
[Amended by 1987 c.586 §10; renumbered 18.242 in 2003]
18.440
[1971 c.665 §1; 1975 c.269 §1; renumbered 31.800 in 2003]
18.445
[1975 c.269 §2; renumbered 31.805 in 2003]
18.450
[1975 c.269 §3; 1995 c.696 §1; renumbered 31.810 in 2003]
18.455
[1975 c.269 §4; 1995 c.696 §2; renumbered 31.815 in 2003]
18.460
[1975 c.269 §5; renumbered 31.820 in 2003]
18.465
[2003 c.576 §34; repealed by 2005 c.542 §73]
18.468
[2003 c.576 §35; 2005 c.568 §24a; repealed by 2005 c.542 §§73,73a]
18.470
[1971 c.668 §1; 1975 c.599 §1; 1995 c.696 §3; renumbered 31.600 in 2003]
18.472
[2003 c.576 §36; 2005 c.542 §60; renumbered 18.867 in 2005]
18.475
[1975 c.599 §4; renumbered 31.620 in 2003]
18.476
[2003 c.576 §37; repealed by 2005 c.542 §73]
18.478
[Formerly 23.410; repealed by 2005 c.542 §73 and 2005 c.568 §42]
18.480
[1975 c.599 §2; 1995 c.79 §6; 1995 c.696 §4; renumbered 31.605 in 2003]
18.482
[Formerly 23.310; repealed by 2005 c.542 §73]
18.485
[1975 c.599 §3; 1987 c.774 §7; 1995 c.696 §5; renumbered 31.610 in 2003]
18.486
[Formerly 23.440; repealed by 2005 c.542 §73]
18.490
[1975 c.599 §5; renumbered 31.615 in 2003]
18.492
[2003 c.576 §38; repealed by 2005 c.542 §73]
18.494
[2003 c.576 §39; repealed by 2005 c.542 §73]
18.500
[Formerly 41.950; renumbered 31.550 in 2003]
18.505
[2003 c.576 §40; 2005 c.542 §61; 2005 c.568 §25; renumbered 18.892 in 2005]
18.508
[2003 c.576 §41; renumbered 18.894 in 2005]
18.510
[1971 c.331 §6; 1975 c.784 §14; 1981 c.892 §85c; 1981 c.898 §17; renumbered
31.555 in 2003]
18.512
[2003 c.576 §42; 2005 c.456 §5; 2005 c.542 §61b; 2005 c.568 §25a; renumbered
18.896 in 2005]
18.515
[2003 c.576 §43; renumbered 18.898 in 2005]
18.518
[2003 c.576 §44; renumbered 18.899 in 2005]
18.520
[Formerly 41.960; renumbered 31.560 in 2003]
18.530
[Formerly 41.970; renumbered 31.565 in 2003]
18.532
[Formerly 23.450; repealed by 2005 c.542 §73]
18.535
[1995 c.688 §3; 2003 c.552 §1; renumbered 31.725 in 2003]
18.536
[Formerly 23.445; repealed by 2005 c.542 §73]
18.537
[1995 c.688 §2; renumbered 31.730 in 2003]
18.538
[Formerly 23.460; repealed by 2005 c.542 §73]
18.540
[1987 c.774 §3; 1991 c.862 §1; 1995 c.688 §1; 1997 c.73 §1; renumbered 31.735
in 2003]
18.542
[Formerly 23.470; repealed by 2005 c.542 §73]
18.545
[Formerly 23.480; repealed by 2005 c.542 §73]
18.548
[Formerly 23.490; repealed by 2005 c.542 §73]
18.550
[1987 c.774 §4; 1989 c.721 §45; 1989 c.782 §34; 1995 c.280 §28; 1999 c.537 §1;
renumbered 31.740 in 2003]
18.552
[Formerly 23.515; repealed by 2005 c.542 §73]
18.555
[Formerly 23.500; repealed by 2005 c.542 §73]
18.560
[1987 c.774 §6; renumbered 31.710 in 2003]
18.562
[Formerly 23.510; repealed by 2005 c.542 §73]
18.565
[Formerly 23.520; repealed by 2005 c.542 §73]
18.568
[Formerly 23.530; repealed by 2005 c.542 §73]
18.570
[1987 c.774 §7a; 1995 c.696 §6; renumbered 31.705 in 2003]
18.572
[Formerly 23.540; repealed by 2005 c.542 §73]
18.578
[Formerly 23.550; repealed by 2005 c.542 §73]
18.580
[1987 c.774 §9; 2003 c.576 §232; renumbered 31.580 in 2003]
18.582
[Formerly 23.560; repealed by 2005 c.542 §73]
18.585
[Formerly 23.570; repealed by 2005 c.542 §73]
18.588
[Formerly 23.580; repealed by 2005 c.542 §73]
18.590
[1989 c.1074 §1; renumbered 31.760 in 2003]
18.592
[1999 c.1065 §1; renumbered 31.715 in 2003]
18.594
[Formerly 23.590; repealed by 2005 c.542 §73]
18.598
[Formerly 23.600; repealed by 2005 c.542 §73]
WRITS
OF GARNISHMENT
(Definitions)
18.600
Definitions. As used in ORS 18.600 to 18.850:
(1) “Account” means an account at a financial
institution, including a master account or subaccount, to which an electronic
payment may be directly routed.
(2) “Check” has the meaning given that
term in ORS 73.0104.
(3) “Creditor” means a person to whom a
debt is owed by a debtor.
(4) “Debt” means any monetary obligation
for which a garnishment may be issued under ORS 18.605.
(5) “Debtor” means a person whose property
is being garnished for the purpose of paying a debt owed to a creditor.
(6) “Federal benefit payment” means:
(a) A benefit payment from the United
States Social Security Administration that is protected under 42 U.S.C. 407 and
1383(d)(1);
(b) A benefit payment from the United
States Department of Veterans Affairs that is protected under 38 U.S.C.
5301(a);
(c) A benefit payment from the Railroad
Retirement Board that is protected under 45 U.S.C. 231m(a) and 352(e); or
(d) A benefit payment from the United
States Office of Personnel Management that is protected under 5 U.S.C. 8346 and
8470.
(7) “Financial institution” means a
financial institution or trust company as those terms are defined in ORS
706.008.
(8) “Garnishable property” means all
property described in ORS 18.615, but does not include:
(a) Any property that is not subject to
garnishment under ORS 18.618; and
(b) Any property that is applied as a
setoff under ORS 18.620 or 18.795.
(9) “Garnishee” means a person to whom a
writ of garnishment has been delivered.
(10) “Garnishment account review” means
the process of examining deposits to an account to determine whether benefit
payments described in ORS 18.784 (3) have been deposited in the account during
the lookback period.
(11) “Garnishor” means:
(a) The creditor, if the writ is issued by
the court administrator on behalf of the creditor under ORS 18.635 (2); or
(b) The issuer, if the writ is issued
under ORS 18.635 by any person other than the court administrator.
(12) “Past due support” means the amount
of child or spousal support, or both, determined under a court or
administrative order in a proceeding under ORS chapter 107, 108, 109, 110, 416,
419B or 419C that has not been paid or is certified to be owed by another state
under ORS 25.083.
(13) “Wages” includes all amounts paid for
the services of an employee by an employer, including amounts paid as a commission
or bonus.
(14) “Writ” means a writ of garnishment. [2001
c.249 §1; 2003 c.85 §2; 2003 c.576 §47; 2005 c.542 §62; 2011 c.733 §1]
(Garnishment
Generally)
18.602
Garnishment described. For the purposes of ORS 18.600
to 18.850, garnishment is the procedure by which a creditor invokes the
authority of a circuit court, justice court or municipal court to acquire
garnishable property of a debtor that is in the possession, control or custody
of a person other than the debtor. [2001 c.249 §2]
18.605
Debts subject to garnishment; when writ may be issued on debt.
(1) Garnishment may be used to acquire garnishable property for application
against the following debts:
(a) A judgment requiring the payment of
money that has been entered in the register of a circuit court or docketed in
the docket of a justice, county or municipal court.
(b) If the writ of garnishment is issued
pursuant to provisional process under ORCP 83 and 84, a claim of one party
against another party in a civil action.
(c) Support arrearage shown on the support
records of the Department of Justice pursuant to ORS 25.020 and 25.167, even
though such records may not constitute a full record of the support arrearage
owed.
(d) Monetary obligations imposed under
agency orders or warrants recorded pursuant to law in the County Clerk Lien
Record.
(2) For the purposes of ORS 18.600 to
18.850:
(a) A writ may be issued for a monetary
obligation based on a judgment other than a judgment for support after the
judgment is entered in the register of a circuit court or after the judgment is
docketed in the docket of a justice, county or municipal court.
(b) A writ may be issued for a monetary
obligation based on a judgment for support after the underlying judgment, court
order or administrative order that creates the support obligation is entered in
the register of the court or after a request for administrative enforcement
services is received under ORS 25.083.
(c) A writ may be issued pursuant to
provisional process under ORCP 83 and 84 after the court order for provisional
process is entered in the docket or register of the court.
(d) A writ may be issued for a monetary
obligation based on an agency order or warrant after the order or warrant is
recorded in the County Clerk Lien Record. [2001 c.249 §3; 2003 c.576 §176]
18.607
Form of writ; single writ for two or more debtors.
(1) Except as otherwise provided by law, a writ of garnishment must be in
substantially the form provided by ORS 18.830. Notation on the writ of
additional information for purposes of identifying the debtor or the
garnishable property believed to be held by the garnishee does not affect the
validity or operation of the writ. A debt calculation form, in substantially
the form provided by ORS 18.832, must be prepared for each writ of garnishment
issued.
(2) A writ of garnishment must contain all
of the following information:
(a) The name of the court whose authority
is invoked.
(b) The names of the creditor and debtor.
(c) The name of the garnishor.
(d) The date on which judgment was entered
against the debtor or the debt otherwise became subject to garnishment under
ORS 18.605.
(e) The debtor’s employer identification
number, or the final four digits of the debtor’s Social Security number, if
those numbers are known by the garnishor.
(f) The amount subject to garnishment
under the writ, as determined by completing the debt calculation form provided
in ORS 18.832.
(g) The date on which the writ is issued.
(h) All addresses required in the writ of
garnishment form provided by ORS 18.830.
(3) If a writ of garnishment is issued by
the court administrator, the creditor must sign the certification in the writ
indicating that the creditor has read the writ and that to the best of the
knowledge, information and belief of the creditor there is good ground to
support issuance of the writ and the amount indicated in the writ as subject to
garnishment.
(4) If a writ is issued by any person
other than the court administrator, the person issuing the writ must sign the
certification described in subsection (3) of this section.
(5) A single writ may be issued for two or
more debtors if those debtors are jointly liable on all or part of the debt. [2001
c.249 §4; 2003 c.85 §3; 2003 c.576 §48; 2009 c.230 §3]
18.609
Validity of writ after issuance. (1) A writ of
garnishment is valid only if the writ is delivered not more than 60 days after
the writ is issued. If the writ is delivered within the time specified in this
section, the writ acts to garnish property for the period of time specified by
ORS 18.625.
(2) If the court administrator is issuing
a writ of garnishment, the date of issuance for the writ is the date the court
administrator stamps and signs the writ. If the writ is issued by any other
person, the date of issuance for the writ is the date on which the issuer signs
the certification described in ORS 18.607 (4). [2001 c.249 §5; 2003 c.576 §49]
18.610
Court with authority over writ. (1) Only the
following courts have authority over a writ of garnishment issued for the
enforcement of a judgment:
(a) The court in which the judgment to be
enforced was originally entered or first registered;
(b) The circuit court for the county in
which a judgment debtor resides if the requirements of ORS 18.255 have been
met; and
(c) The circuit court for the county in
which a debtor has filed a challenge to the garnishment under ORS 18.718.
(2) Only the following courts have
authority over a writ of garnishment issued for the enforcement of an agency
order or warrant:
(a) The circuit court for the county in
which the order or warrant was first recorded; and
(b) The circuit court for the county in
which the debtor resides if the order or warrant has also been recorded in that
county.
(3) The circuit court for the county in
which the order for provisional process is entered has sole authority for
issuance of a writ of garnishment issued pursuant to an order for provisional
process. [2001 c.249 §6; 2003 c.576 §572]
(Garnishable
Property)
18.615
Garnishable property generally. Except as
specifically provided in ORS 18.600 to 18.850, a writ of garnishment delivered
to a garnishee garnishes all personal property of the debtor, including but not
limited to property in safe deposit boxes, stocks, wages, monetary obligations
owing to the debtor that are then in existence whether due or to become due,
property held on expired and unexpired bailments and leases, and property held
by the garnishee pursuant to a security interest granted by the debtor to the
garnishee. A writ of garnishment acts to garnish all property of the debtor
possessed by the garnishee, all property of the debtor over which the garnishee
has control and all property of the debtor that is in the custody of the
garnishee. If a person other than the debtor has an interest in the garnished
property, the writ of garnishment acts only to garnish the interest of the
debtor in the property. [2001 c.249 §7]
18.618
Property not subject to garnishment. (1)(a)
Notwithstanding ORS 18.615, the following are not garnishable property:
(A) Equitable interests, except to the
extent allowed under ORS chapter 130.
(B) Property in the custody of the law.
(C) Property in the possession of a
conservator.
(D) Property in the possession of a
personal representative that constitutes the subject matter of a trust
contained in a duly probated will of a decedent.
(E) If a residential landlord is the
garnishee, property in the possession of a residential landlord that is held as
a security deposit or prepaid rent under ORS 90.300.
(F) The right of a seller under a land
sale contract, as defined by ORS 18.960, to receive payments that are due more
than 45 days after the writ of garnishment is delivered.
(G) Amounts in an account in a financial
institution that are not subject to garnishment under ORS 18.784.
(H) An identification document, such as a
driver license, passport, birth certificate or Social Security card.
(b) If a garnishee holds any property
described in paragraph (a) of this subsection, the garnishee must note in the
garnishee response required by ORS 18.680 that the garnishee holds the
property, but may not deliver the property to the garnishor.
(2)(a) Notwithstanding ORS 18.615, wages
owing by a garnishee to a debtor for a specific pay period are not garnishable
property if:
(A) The writ is delivered within two
business days before the debtor’s normal payday for the pay period;
(B) When the writ is delivered to the
garnishee, the debtor’s wages are paid by direct deposit to a financial
institution, or the garnishee uses the Oregon Department of Administrative
Services or an independent contractor as defined in ORS 670.600 as payroll
administrator for the garnishee’s payroll; and
(C) Before the writ is delivered to the
garnishee, the garnishee issued instructions to the financial institution or
the payroll administrator to pay the debtor for the pay period.
(b) If a garnishee owes any wages as
described in paragraph (a) of this subsection, the garnishee must so note in
the garnishee response required by ORS 18.680.
(3) Notwithstanding any other provision of
law, if a voluntary or involuntary bankruptcy petition has been filed by or on
behalf of the debtor after a writ of garnishment could be issued under ORS
18.605, the garnishment of any property of the debtor in the garnishee’s
possession, control or custody is stayed pursuant to section 362 of the United
States Bankruptcy Code (11 U.S.C. 101 to 1330). [2001 c.249 §8; 2005 c.348 §98a;
2005 c.391 §1; 2005 c.542 §63; 2007 c.496 §1; 2009 c.430 §3; 2011 c.195 §1]
18.619
[2009 c.430 §2; 2011 c.733 §2; renumbered 18.784 in 2011]
18.620
Setoff for certain amounts payable to underlying lienholders.
(1) Notwithstanding ORS 18.615, a garnishee may apply a setoff against amounts
owing to the debtor under the terms of a land sale contract, under the terms of
a promissory note or other evidence of indebtedness that is secured by a
mortgage or trust deed, or under the terms of a security agreement as defined
in ORS 79.0102, to the extent that those amounts are actually paid to another
person:
(a) Who is entitled to receive the amounts
under the terms of the land sale contract, mortgage, trust deed or security
agreement, or under the terms of any other land sale contract, mortgage, trust
deed or security agreement that is secured by the same property that is the
subject of the land sale contract, mortgage, trust deed or security agreement;
and
(b) Who has an interest in the property
that is the subject of the land sale contract, mortgage, trust deed or security
agreement that is superior to the interest of the creditor under the laws that
would govern a foreclosure, trust deed sale, repossession or other action
against the property that is the subject of the land sale contract, mortgage,
trust deed or security agreement.
(2) A garnishee must deliver in the manner
required by ORS 18.600 to 18.850 all amounts in the garnishee’s possession,
control or custody at the time of delivery of the writ of garnishment that are
not actually paid by the garnishee to another person as described in subsection
(1) of this section, unless those amounts are exempt from execution under other
law.
(3) A garnishee who applies a setoff under
this section must disclose that the setoff has been applied, and the amount of
the setoff, in the garnishee response required by ORS 18.680. The garnishee
must certify in the garnishee response that the amounts specified in the
certificate were actually paid by the garnishee to another person entitled to
receive those amounts under subsection (1) of this section. [2001 c.249 §9;
2001 c.445 §159a]
(Duration
of Writ’s Effect)
18.625
Duration of writ’s effect. (1) For any property other than
wages, a writ of garnishment acts to garnish only garnishable property of the
debtor that is in the garnishee’s possession, control or custody at the time
the writ is delivered, including money that is owed but not yet due.
(2) Except as provided in ORS 18.618 (2),
a writ of garnishment acts to garnish all wages owed by the garnishee to the
debtor at the time the writ is delivered. Except as provided in subsection (3)
of this section, a writ also acts to garnish all wages earned by the debtor by
reason of services to the garnishee during the period commencing with the date
the writ is delivered and ending on the earlier of:
(a) The expiration of 90 days after the
date the writ is delivered; or
(b) The date on which the garnishment is
released or satisfied in full.
(3) If a writ of garnishment is issued on
behalf of a county or county agency, the writ acts to garnish all wages earned
by the debtor by reason of services to the garnishee until the full amount owed
to the county or county agency is paid or until the writ of garnishment is
released by the county or county agency or by a court order. A writ of
garnishment issued on behalf of a county or county agency shall contain
language reasonably designed to notify the garnishee of the provisions of this
subsection. [2001 c.249 §10; 2007 c.496 §2]
18.627
Multiple writs. (1) Except as otherwise provided
by law, the first writ of garnishment delivered to a garnishee has priority
over all other writs delivered to the garnishee for the same debtor. A
garnishee shall make payments or deliver property under a subsequently
delivered writ only if there is garnishable property of the debtor remaining in
the garnishee’s possession, control or custody after complying with the first
writ delivered to the garnishee.
(2) If a debtor earns wages from a
garnishee during the period that a writ of garnishment is in effect under ORS
18.625, the garnishee shall make payments under the first writ delivered to the
garnishee until the expiration of the period of time specified in ORS 18.625,
and shall thereafter make payments on subsequently delivered writs in the order
in which they were delivered to the garnishee as long as each writ continues to
be effective under ORS 18.625. Any delay in payment under a writ by reason of
this subsection does not affect the expiration of the writ’s effect at the time
specified in ORS 18.625. If the first writ does not garnish all wages of the
debtor that are not exempt from execution, the garnishee shall make concurrent
payment on a subsequently delivered writ of the balance of the wages that are
not exempt from execution.
(3) If a garnishee pays wages to a debtor
and the garnishee receives another writ of garnishment during the period that a
writ is in effect under ORS 18.625, the garnishee shall note those facts on the
garnishee response and indicate the date on which the previous writ will
expire.
(4) A subsequent writ of garnishment issued
on behalf of the same creditor against the same debtor and delivered to the
same garnishee during the period that a previous writ is effective under ORS
18.625 acts only to garnish property of the debtor other than wages. [2001
c.249 §11]
(Persons
Authorized to Issue Writs)
18.635
Who may issue writs. (1) A writ of garnishment may be
issued only by a person specified in this section.
(2) The court administrator may issue a
writ pursuant to ORS 18.638 and 18.640 only:
(a) For the enforcement of a judgment that
requires the payment of money and that has been entered in the register of a
circuit court or docketed in the docket of a justice or municipal court;
(b) Pursuant to an order for provisional
process under ORCP 83 and 84; or
(c) On behalf of a complainant or claimant
under an order recorded pursuant to ORS 671.707 or 701.153, if the complainant
or claimant has complied with the requirements of ORS 205.126.
(3) An attorney who is an active member of
the Oregon State Bar may issue a writ for the purpose of enforcing:
(a) A judgment that requires payment of
money and that has been entered in the register of a circuit court of this
state or docketed in the docket of a justice or municipal court of this state;
and
(b) An order or warrant that an agency has
recorded in the County Clerk Lien Record as authorized by law, including any
order that has been recorded pursuant to ORS 671.707 or 701.153.
(4) The administrator, as defined in ORS
25.010, may issue writs of garnishment only for the collection of past due
support. Writs issued under this subsection are subject to the provisions of
ORS 18.645. [2001 c.249 §12; 2003 c.576 §50; 2007 c.793 §1; 2007 c.836 §39]
(Writs
Issued by Court Administrators)
18.638
Writs issued by court administrators generally.
(1) Unless there are grounds for denying issuance of a writ of garnishment
under ORS 18.640, the court administrator shall issue writs of garnishment upon
proper application and payment of all required fees. A writ of garnishment
issued by the court administrator must be signed by the creditor. The signature
constitutes a certificate by the person under ORCP 17 and is subject to the
sanctions provided by ORCP 17.
(2) The court administrator may not fill
in or complete a writ of garnishment on behalf of a creditor.
(3) The court administrator is not
responsible for verifying the amounts set forth in a writ issued by the court
administrator and is not liable for errors in the writ made by the creditor. [2001
c.249 §13; 2003 c.576 §51]
18.640
Grounds for denying issuance of writ. (1) The court
administrator shall refuse to issue a writ of garnishment that is not
substantially in the form required by ORS 18.830.
(2) The court administrator shall refuse
to issue a writ of garnishment that is incomplete or contains improper
instructions. Grounds for refusing issuance of a writ under this subsection
include:
(a) The inability of the court
administrator to verify the existence of the debt claimed as the basis for the
writ by a review of the register of the court.
(b) A determination by the court
administrator, based on a review of the register of the court, that a
satisfaction of judgment has been filed with the court.
(3) The court administrator shall refuse
to issue a writ of garnishment pursuant to an order for provisional process
under ORCP 83 and 84 if the party seeking issuance of the writ has not complied
with all requirements of ORCP 82 A(3), A(5) and A(6) and B to G, 83 and 84. [2001
c.249 §14; 2003 c.576 §52]
(Writs
Issued by Division of Child Support or District Attorney)
18.645
Writs issued by Division of Child Support or district attorney; rules.
(1) The administrator, as defined in ORS 25.010, may issue writs of garnishment
for the collection of past due support in the manner provided by this section.
Except as otherwise specifically provided in ORS 18.600 to 18.850, the
provisions of ORS 18.600 to 18.850 apply to all writs issued under this
section.
(2) Notwithstanding ORS 18.607, a writ of
garnishment issued under this section need not contain the name of the court
whose authority is invoked.
(3) A single writ of garnishment may be
issued under this section for two or more judgments for past due support owed
by the same judgment debtor. A separate debt calculation form for each of the
judgments must be prepared as provided by ORS 18.832. The writ must reflect the
captions of all cases for which the writ is issued. The writ also must reflect,
as the amount subject to garnishment under the writ, the sum of the amounts due
under all of the judgments subject to the writ. Notwithstanding ORS 18.700 (2),
the debtor may file a challenge to a writ issued under this subsection with the
court administrator for any court in which one of the judgments subject to the
writ was entered. Upon receipt of a notice of a challenge to a garnishment
under this subsection, the issuer of the writ shall file with the court
administrator a response to the challenge, attaching copies of the writ and
garnishee response, copies of all judgments for which the writ is issued and
the debt calculation forms for those judgments, and any supporting
documentation necessary or helpful to the court in making a determination on
the challenge. The Department of Justice shall adopt rules governing the
distribution to judgment creditors of amounts received by the administrator
under a writ issued under this subsection.
(4) Notwithstanding ORS 18.690, a
garnishee who receives a writ of garnishment issued under this section need not
deliver a copy of the garnishee response to the court administrator.
(5) Notwithstanding ORS 18.730, payments
under a writ issued under this section must be delivered to the Department of
Justice.
(6) Notwithstanding ORS 18.730, the
Department of Justice must hold any payments received from the garnishee under
a writ issued pursuant to this section:
(a) For a period of 120 days after
delivery of the writ, if the garnishee is making a payment of wages.
(b) For a period of 30 days after delivery
of the writ, if the garnishee is making a payment other than wages.
(7) When issuing writs under this section,
the Administrator of the Division of Child Support of the Department of Justice
shall modify the forms provided in ORS 18.600 to 18.850 to reflect the
provisions of this section. [2001 c.249 §15; 2003 c.85 §4; 2003 c.373 §1; 2003
c.576 §53a]
(Delivery
of Writ)
18.650
Items required to be delivered to garnishee. (1)
All of the following items must be delivered to a garnishee:
(a) The original writ of garnishment in
substantially the form provided by ORS 18.830 or a copy of the writ.
(b) A garnishee response form in
substantially the form provided by ORS 18.835.
(c) An instructions to garnishee form in
substantially the form provided by ORS 18.838.
(d) A wage exemption calculation form in
substantially the form provided by ORS 18.840.
(e) Any search fee required by ORS 18.790.
(2) If any of the items described in
subsection (1) of this section is not delivered to the garnishee, the
garnishment is not effective to garnish any property of the debtor, the garnishee
is not required to respond to the garnishment and the garnishee may proceed to
deal with any property of the debtor as though the writ of garnishment had not
been issued. [2001 c.249 §16; 2003 c.85 §5]
18.652
Manner of delivery; delivery fee. (1) A writ of
garnishment may be delivered to the garnishee personally or by certified mail,
return receipt requested. Delivery is effective upon receipt of the writ by the
garnishee. If the garnishee refuses to accept delivery by certified mail, the
garnishor may attempt personal delivery, but the garnishor must have a new writ
issued in order to claim additional delivery fees.
(2) Personal delivery of a writ of
garnishment may be made only by:
(a) The sheriff of the county where the
writ is to be delivered; or
(b) A competent person 18 years of age or
older who is a resident of the State of Oregon and who is not a party or
attorney in the action.
(3) If personal delivery is made under
this section, the person serving the writ must note the date of delivery upon
the original writ delivered to the garnishee or upon the copy of the writ
delivered to the garnishee.
(4) Notwithstanding subsection (2) of this
section, a person other than a sheriff may not deliver a writ of garnishment
unless the person has errors and omissions insurance with limits of not less
than $100,000 per occurrence from a company authorized to do business in this
state.
(5) The delivery fee for a writ of
garnishment by a person other than a sheriff shall be in an amount agreed to
between the person making the delivery and the garnishor. The delivery fee for
a writ by a sheriff under this section is $25. [2001 c.249 §17; 2003 c.85 §6;
2003 c.304 §5; 2009 c.835 §3]
18.655
Proper person to receive writ. (1) Except as
otherwise provided in this section, a writ of garnishment may be delivered to
any of the following persons:
(a) If the property of the debtor is in
the possession, control or custody of an individual, the writ may be delivered
to the individual. If the individual is the sole proprietor of a business, the
writ may also be delivered to any person designated by the individual to accept
service of a writ of garnishment. If the individual maintains an office for the
conduct of business, office delivery may be made under subsection (6) of this
section.
(b) If the property of the debtor is in
the possession, control or custody of a partnership other than a limited
partnership, the writ may be delivered to any partner or to any person
designated by the partnership to accept service of a writ of garnishment. If
the partnership is a limited partnership, the writ of garnishment may be
delivered only to a general partner or to a person designated by the
partnership to accept service. If the partnership maintains an office for the
conduct of business, office delivery may be made under subsection (6) of this
section.
(c) If the property of the debtor is in
the possession, control or custody of a corporation, the writ may be delivered
to any officer or managing agent of the corporation or to any person designated
by the corporation to accept service.
(d) If the property of the debtor is in
the possession, control or custody of a limited liability company, the writ may
be delivered to any member of the company or to any person designated by the
company to accept service.
(e) If the property of the debtor is in
the possession, control or custody of a financial institution, the writ may be
delivered to the manager, assistant manager or other designated person at any
office or branch of the financial institution where deposits are received or
that has been designated by the institution as a place for receiving writs of
garnishment. Delivery of a writ in the manner prescribed in this paragraph is
effective to garnish all property of the debtor held at all offices and
branches of the financial institution located in this state.
(f) If the property of the debtor is in
the possession, control or custody of a public body, as defined in ORS 174.109,
the writ may be delivered to the board, department, institution, commission or
officer charged with approving a claim for the property, or to such person or
place as may be designated by the public body.
(2) Notwithstanding ORS 78.1120 (2), if
the property of the debtor is money that is owed to the debtor that is not
evidenced by a negotiable instrument, certificate, document or similar
instrument, the writ of garnishment must be delivered to the person who owes
the money in the manner provided by subsection (1) of this section.
(3) Notwithstanding ORS 78.1120 (2), if
the property of the debtor is stock in a corporation, other than stock
represented by a negotiable certificate or similar instrument, the writ of
garnishment must be delivered to the corporation in the manner provided by
subsection (1) of this section.
(4) Notwithstanding ORS 77.6020 and
78.1120, if the property of the debtor is a negotiable instrument, certificate,
document or similar instrument, the writ of garnishment must be delivered to
the person having possession of the instrument in the manner provided by
subsection (1) of this section. The garnishment does not limit the rights of a
holder in due course of a negotiable instrument under ORS 73.0302, a holder to
whom a negotiable document has been duly negotiated under ORS 77.5010 or a protected
purchaser of a security under ORS 78.3030.
(5) If the property of the debtor is an
interest of an heir or legatee in an estate of a decedent, the writ of
garnishment must be delivered to the personal representative of the estate in
the manner provided by subsection (1) of this section.
(6) For the purposes of subsection (1)(a)
and (b) of this section, office delivery may be made by leaving all of the
items required by ORS 18.650 (1) at the office during normal working hours with
the person who is apparently in charge. If office delivery is used, the person
delivering the writ, as soon as reasonably possible, shall cause to be mailed
by first class mail all of the items required by ORS 18.650 (1) to the
garnishee at the garnishee’s place of business or such other place under the
circumstances that is most reasonably calculated to apprise the garnishee of
the garnishment, together with a statement of the date, time and place at which
office delivery was made. Office delivery under this subsection is effective
upon the receipt of the writ by the person who is apparently in charge of the
office. [2001 c.249 §18; 2003 c.85 §7; 2005 c.269 §1]
18.658
Documents to be delivered to debtor. (1) Following
delivery of a writ of garnishment to a garnishee, the person who delivered the
writ must mail or deliver promptly the following documents to the debtor whose
property is being garnished by the writ:
(a) A copy of the writ of garnishment.
(b) The original of the debt calculation
form.
(c) A notice of exemptions form in
substantially the form provided by ORS 18.845.
(d) A challenge to garnishment form in
substantially the form provided by ORS 18.850, with the names and addresses of
the garnishor and garnishee entered by the garnishor.
(2) A person serving a writ of garnishment
may meet the requirements of subsection (1) of this section by mailing the
documents to the address of the debtor that appears in the writ of garnishment.
If an address for the debtor does not appear in the writ, the person serving
the writ need not comply with subsection (1) of this section. [2001 c.249 §19;
2003 c.85 §8]
(Duties
of Garnishee Generally)
18.665
Duties generally. (1) Upon receiving a writ of
garnishment, the garnishee shall determine whether a garnishee response is
required under ORS 18.680 and 18.682. The garnishee has no duty to determine
whether the garnishor, sheriff or other person has complied with the
requirements of ORS 18.600 to 18.850, or to otherwise determine whether the
writ of garnishment is valid. If a garnishee response is required, the
garnishee must make a diligent effort to determine whether the garnishee is the
employer of the debtor and whether the garnishee has possession, control or
custody of any garnishable property of the debtor as described in ORS 18.615.
If the garnishee has possession, control or custody of garnishable property,
the garnishee must hold the property, or as much of the property as is
necessary to satisfy the garnishment, as required by ORS 18.600 to 18.850, and
thereafter make delivery of the property in the manner required by ORS 18.600
to 18.850.
(2) The duty of a garnishee to hold and
deliver property is not affected by joint ownership of the property. If a
garnishee holds property that is owned, or appears to be owned, by the debtor
and one or more other persons, the garnishee must still hold and deliver all of
the property, or as much of the property as is necessary to satisfy the
garnishment.
(3) If a single writ is issued for two or
more joint debtors under ORS 18.607 (5) and the garnishable property in the
garnishee’s possession, control or custody exceeds the amount necessary to
satisfy the garnishment, the garnishee must hold and deliver as much of the
property as is necessary to satisfy the garnishment but may select, in the sole
discretion of the garnishee, the property to hold and deliver without regard to
which of the joint debtors owns the property. [2001 c.249 §20; 2003 c.85 §9;
2009 c.430 §6]
18.668
Immunity by payment to court administrator or delivery to sheriff.
(1) Notwithstanding any provision of ORS 18.600 to 18.850, a garnishee may pay
to the garnishor or to the court administrator any money that the garnishee
reasonably believes may have been garnished and may deliver to the sheriff in
the manner provided by ORS 18.600 to 18.850 any property that the garnishee
reasonably believes to have been garnished. The garnishee has no duty to
determine whether money or property held by the garnishee is exempt from
garnishment or to determine whether the money or property is garnishable
property.
(2) If the garnishee makes payment of
garnished money to the garnishor or to the court administrator under subsection
(1) of this section, or delivers garnished property to the sheriff in the
manner provided by ORS 18.600 to 18.850, the garnishee is discharged from
liability to the creditor for the value of the money paid or property
delivered.
(3) If the garnishee requests a receipt,
the sheriff or court administrator shall provide the garnishee with a receipt
for any property delivered to the sheriff or payment made to the court
administrator.
(4) A garnishor or the garnishor’s
attorney may disclose the full Social Security number for a debtor to a
garnishee if the garnishee requests the number for the purpose of identifying the
debtor.
(5) A garnishee is not liable to any
person by reason of using all or part of a debtor’s Social Security number for
the purpose of identifying the debtor. [2001 c.249 §21; 2003 c.576 §54; 2009
c.230 §4]
18.670
Exceptions to garnishee’s duties. (1) A
garnishee has no duty to hold or deliver any property under a writ of
garnishment if the property has been released by a court order or a release of
garnishment has been delivered to the garnishee under ORS 18.770.
(2) The duty of a garnishee to hold or
deliver any property under a writ of garnishment is not breached if the
property is removed from the possession, control or custody of the garnishee
before the garnishee can act to stop that removal through the exercise of
reasonable care. [2001 c.249 §22]
18.672
Duties of personal representative who is garnished.
Garnishment does not impair the powers of a personal representative over estate
property for the purposes of administration. If a personal representative
receives a writ of garnishment, the personal representative must prepare and
deliver a garnishee response in the manner provided by ORS 18.600 to 18.850,
but no payment of money or delivery of property need be made by the personal
representative until such time as specified in this section. The personal
representative must note on the response that the property is estate property
subject to administration. The personal representative must also file a copy of
the writ of garnishment and the garnishee response in the office of the court administrator
for the court in which the estate is being administered, and must report the
garnishment to the court in any petition for distribution. In a judgment made
upon such petition, distribution shall be ordered to the heir or legatee, but
delivery shall be ordered to the sheriff or to the garnishor, as required by
ORS 18.600 to 18.850. [2001 c.249 §23; 2003 c.576 §55]
(Garnishee
Response)
18.680
Response required; time. (1) Except as specifically
provided under ORS 18.682, a garnishee must prepare a garnishee response in
substantially the form provided by ORS 18.835 and must deliver the response in
the manner provided in ORS 18.690.
(2) Except as provided in subsection (3)
of this section, a garnishee response must be delivered by the garnishee not later
than seven calendar days after the date on which the writ of garnishment was
delivered to the garnishee.
(3) If the seventh calendar day after
delivery of a writ of garnishment is a Saturday, Sunday or legal holiday, a
garnishee response must be delivered by the garnishee on or before the next
following day that is not a Saturday, Sunday or legal holiday. [2001 c.249 §24]
18.682
When response not required. A garnishee has no duty to
prepare and deliver a garnishee response if:
(1) The writ of garnishment is not
delivered to the garnishee within the time provided under ORS 18.609;
(2) The garnishor fails to serve the
garnishee with all items required under ORS 18.650;
(3) The garnishee receives a release of
garnishment issued under ORS 18.770; or
(4) Any other law or court order directs
that the response not be made. [2001 c.249 §25]
18.685
Contents of response; manner of making payment.
A garnishee must note upon a garnishee response the date on which the garnishee
received the writ of garnishment. The garnishee must also note upon the
response the following information and deliver the response in the manner
provided by ORS 18.690:
(1) If the garnishee discovers that a
voluntary or involuntary bankruptcy petition has been filed by or on behalf of
the debtor and the petition was filed after the date shown on the face of the
writ as the date on which the judgment was entered or otherwise first became
subject to garnishment.
(2) If the garnishee does not employ the
debtor and the garnishee does not have any garnishable property of the debtor
in the possession, control or custody of the garnishee, the garnishee must so
note on the response.
(3) If the garnishee employs the debtor,
the garnishee must so state on the response and make all other responses
required by this section or ORS 18.688. The garnishee must thereafter make
payment under the writ in the manner provided by ORS 18.735.
(4) If the garnishee has any cash
belonging to the debtor that is garnishable, or the garnishee owes any money to
the debtor other than wages that is due as of the time the response is made,
the garnishee must so note on the response. The garnishee must make payment
with the response in the manner provided by ORS 18.730 of the amount subject to
the garnishment, or of such amount as will satisfy the garnishment, whichever
amount is less.
(5) If the garnishee owes any money to the
debtor other than wages that is not due as of the time the response is made but
that will become due within 45 days after the time the writ is delivered, the
garnishee must so note on the response. When the money becomes due, the
garnishee must make payment in the manner provided by ORS 18.732 of the amount
subject to the garnishment, or of such amount as will satisfy the garnishment,
whichever amount is less.
(6) Except as provided in ORS 18.618
(1)(a)(F), if the garnishee owes any money to the debtor other than wages that
is not due as of the time the response is made and the money will not become
due within 45 days after the time the writ is delivered, the garnishee must so
note on the response. The garnishee must thereafter comply with ORS 18.750 to
18.760.
(7) If the garnishee has any garnishable
property of the debtor in the possession, control or custody of the garnishee
that is not cash or owed money, the garnishee must so note on the response. The
garnishee must thereafter comply with ORS 18.750 to 18.760.
(8) If the garnishee can determine from
the writ that the garnishee may owe money to or hold garnishable property of
the debtor, but is not sure what or how much, the garnishee must so state on
the response and must state that the garnishee will file an amended response
when the garnishee determines what or how much money or property the garnishee
owes or holds.
(9) If the garnishee determines that the
writ of garnishment does not comply on its face with ORS 18.600 to 18.850, or
if the garnishee is unable to determine the identity of the debtor from the
information contained in the writ, the writ of garnishment is ineffective to
garnish the property of the debtor. The garnishee must so note on the response
and provide an explanation.
(10) If, before delivering the garnishee
response, the garnishee receives an order to withhold income issued under ORS
chapter 25 that applies to the income of the debtor, the garnishee must so note
on the response. The garnishee must provide details of the order to withhold
income, including the name of the agency serving the order, the date the order
was served on the garnishee and the amount to be withheld. If the garnishee
employs the debtor, the garnishee must make the responses required under ORS
18.688.
(11) If the garnishee receives notice of a
challenge to the garnishment before delivering the response, the garnishee must
so note on the response. The garnishee must thereafter comply with ORS 18.708. [2001
c.249 §26; 2005 c.542 §65; 2007 c.496 §5; 2009 c.430 §7]
18.688
Response of garnishee who is employer of debtor.
In addition to the requirements of ORS 18.685, if a garnishee employs the
debtor, the garnishee must so note on the garnishee response and indicate the
pay period and the next payday for the debtor. [2001 c.249 §27]
18.690
Delivery of garnishee response. (1) Except as
provided in subsection (2) of this section, a garnishee who is required to
deliver a garnishee response must mail or personally deliver:
(a) The original of the response to the
garnishor;
(b) A copy of the response to the debtor;
and
(c) A copy of the response to the court
administrator for the court specified in the writ of garnishment as having
authority over the writ.
(2) The garnishee shall not mail or
personally deliver a copy of the garnishee response to the court administrator
if:
(a) The garnishee discovers that a
voluntary or involuntary bankruptcy petition has been filed by or on behalf of
the debtor after the debt was adjudicated as provided in ORS 18.605, and the
garnishee will not make payments or deliver property under the writ pursuant to
ORS 18.618 (3); or
(b) The garnishee does not employ the
debtor and the garnishee has no property of the debtor in the garnishee’s
possession, control or custody that is garnishable property.
(3) For the purpose of compliance with ORS
18.680, delivery of a garnishee response under this section is accomplished
upon mailing or upon personal delivery of the response. [2001 c.249 §28; 2003
c.85 §10; 2003 c.576 §56; 2005 c.391 §5]
18.692
Supplemental garnishee response. (1) The
garnishee shall prepare a supplemental garnishee response and deliver the
supplemental garnishee response to the garnishor and to the debtor, if either
of the following occurs after the garnishee has delivered an initial garnishee
response and before the garnishee delivers all property that is subject to
garnishment under the writ of garnishment:
(a) The garnishee discovers that a
voluntary or involuntary bankruptcy petition has been filed by or on behalf of
the debtor under section 301, 302 or 303 of the United States Bankruptcy Code
(11 U.S.C. 101 to 1330) after the debt was adjudicated as provided in ORS
18.605; or
(b) The garnishee receives an order to
withhold income that is entitled to priority under ORS 25.375.
(2) The supplemental garnishee response
required under this section must be in substantially the form provided in the
instructions to garnishee form set forth in ORS 18.838. [2001 c.249 §29; 2003
c.85 §11]
(Challenge
to Garnishment)
18.700
Manner of making challenge to garnishment. (1) A
debtor may use a challenge to a garnishment to claim such exemptions from
garnishment as are permitted by law. A challenge to a garnishment may also be
used by a debtor:
(a) To assert that the amount specified in
the writ of garnishment as being subject to garnishment is greater than the
total amount owed by the debtor to the creditor; or
(b) To assert that property is not
garnishable property.
(2) A debtor may make a challenge to a
garnishment by completing the challenge to garnishment form provided by ORS
18.850, or a substantially similar form, and by delivering, in person or by
first class mail, the original of the completed form to the court administrator
for the court specified in the writ of garnishment as the court with authority
over the writ and a copy of the completed form to the garnishor. A challenge to
a garnishment must be delivered:
(a) Within 120 days after a copy of the
writ of garnishment is delivered to the debtor, if the garnishee is the
employer of the debtor and the challenge is based on an exemption that is
claimed for wages earned by the debtor from the garnishee; or
(b) Within 30 days after a copy of the
writ of garnishment is delivered to the debtor, if the challenge is made on any
other basis.
(3) Upon receiving a challenge to a
garnishment under subsection (2) of this section, the court administrator shall
retain all payments sent to the court administrator under ORS 18.705 and 18.708
until such time as the court enters a decision on the challenge. The court
administrator shall reject any payment that is received after the challenge is
made and that is not payable to the court, and the court administrator shall
return the payment to the garnishee with instructions to reissue the payment as
payable to the court.
(4) A court shall not require the payment
of any fee for the filing of a challenge to a garnishment.
(5) A challenge to a garnishment may be
used only for the purposes specified in this section and ORS 18.725. [2001
c.249 §30; 2003 c.85 §12; 2003 c.576 §57]
18.702
Notice to garnishor and garnishee of challenge to garnishment.
(1) Without unreasonable delay, a court administrator who has received a
challenge to a garnishment under ORS 18.700 shall provide written notice of the
challenge as provided in this section. The notice must include a statement
reflecting the consequences of failure of a garnishor or garnishee to comply
with the requirements of ORS 18.705 and 18.708. The notice may include the
notice of hearing under ORS 18.710.
(2) The court administrator shall provide
the notice of a challenge required by subsection (1) of this section to:
(a) The garnishor.
(b) The garnishee, unless the court
administrator knows that the garnishee has already delivered all garnishable
property to the garnishor.
(c) The sheriff of the county identified
in any notice delivered to the court administrator under ORS 18.755 (5). [2001
c.249 §31; 2003 c.576 §58]
18.705
Duties of garnishor and creditor created by challenge to garnishment.
(1) Except as provided in subsection (4) of this section, upon receiving notice
of a challenge to a garnishment under ORS 18.702, a garnishor who is a creditor
must send to the court specified in the writ of garnishment all amounts
received by the garnishor that the debtor has claimed to be exempt or not
subject to garnishment, unless the court specifically orders otherwise.
(2) Except as provided in subsection (4)
of this section, if the garnishor is not a creditor, upon receiving notice of a
challenge to a garnishment under ORS 18.702, the garnishor must promptly send
to the court specified in the writ of garnishment all amounts received under
the writ that have not been delivered to the creditor and that the debtor has
claimed to be exempt or not subject to garnishment. The creditor must promptly
send to the court specified in the writ all amounts that the creditor has
received under the writ and that the debtor has claimed to be exempt or not
subject to garnishment.
(3) Payments made to the court under this
section must be in cash or by check made payable to the court. If the payment
has not reached the court by the time of the hearing under ORS 18.710, the
court administrator shall so notify the judge presiding at the hearing. If the
court determines that any of the garnished money should be disbursed to the
debtor and the payment has not reached the court by the time of that
determination, the court may issue an order requiring that the garnishor or
creditor appear and show cause why the garnishor or creditor should not be held
in contempt. In addition to contempt proceedings, the court may require the
garnishor or creditor to pay attorney fees under ORS 20.105. A court’s
imposition of sanctions under this subsection does not limit any remedy
otherwise available to the debtor.
(4) This section does not apply if the
garnishor or creditor is not allowed by law to disburse the payment to the court.
(5) The receipt of a challenge to a
garnishment does not affect the requirement under ORS 18.755 (1) that the
garnishor mail or deliver a written request for sale of property, and pay the
fees determined by the sheriff under ORS 18.755 (3), not later than 20 days
after the garnishee delivers the garnishee response to the court administrator
for the court specified in the writ of garnishment as having authority over the
writ. The garnishor must note upon the request for sale that a challenge to the
garnishment has been made by the debtor. [2001 c.249 §32; 2003 c.85 §13; 2003
c.304 §2; 2003 c.576 §59]
18.708
Duties of garnishee created by challenge to garnishment.
(1) Upon receiving notice of a challenge to a garnishment under ORS 18.702, a
garnishee who would otherwise be required to make a payment to the garnishor
shall mail or deliver the payment, by cash or by check made payable to the
court, to the court administrator. The garnishee must make the payment to the
court within the time that the garnishee would have otherwise been required to
mail or deliver the payment to the garnishor. A garnishee who fails to make
payment in the manner required by this section is subject to liability under
the provisions of ORS 18.775 to 18.782.
(2) Upon receiving notice of a challenge
under ORS 18.702, a garnishee who holds any property described in ORS 18.750
must hold the garnished property for the period specified in ORS 18.752 (1). If
the sheriff informs the garnishee before the end of the period specified in ORS
18.752 (1) that the property held by the garnishee will be sold, the garnishee
shall continue to hold the property until receiving further directions from the
court. [2001 c.249 §33; 2003 c.576 §60]
18.710
Hearing on challenge to garnishment. (1) A debtor’s
challenge to a garnishment shall be adjudicated in a summary manner at a
hearing before the court with authority over the writ of garnishment. The court
administrator shall immediately set a hearing date and send notice of the
hearing to the garnishor, garnishee and debtor at the addresses provided in the
challenge to garnishment form. The hearing shall be held as soon as possible.
The garnishor shall provide a copy of the writ of garnishment to the court on
or before the date set for the hearing.
(2) Hearings on a challenge to a
garnishment may be held by telecommunication.
(3) The debtor has the burden to prove
timely delivery of a challenge to a garnishment. [2001 c.249 §34; 2003 c.85 §14;
2003 c.576 §61]
18.712
Allowance or denial of challenge. (1) Except as
provided in subsection (3) of this section, if a challenge to a garnishment is
allowed by the court, the court administrator shall mail to the debtor from any
payments made to the court administrator all amounts determined to be exempt
from or not subject to garnishment within 10 judicial days after the court’s
order allowing the challenge. If the challenge to a garnishment has been made
for property described in ORS 18.750 and a request for sale of the property has
been made by the garnishor under ORS 18.755, the court administrator shall give
notice of the court’s decision to the garnishee and to the sheriff who would
conduct the sale.
(2) Except as provided in subsection (3)
of this section, any amount determined to be garnishable property that is not
exempt after a hearing shall be mailed to the garnishor within 10 judicial days
after the court’s order denying the challenge as to that amount.
(3) The Judicial Department may by written
policy establish time limitations different from the 10-day period provided in
subsections (1) and (2) of this section for the delivery of amounts after a
judicial determination on a challenge to a garnishment. The time limitations
established by the department may be longer or shorter than the 10-day period.
The policy may provide for a period longer than 10 days for a category of
payments only if the department determines that the category is subject to
special circumstances that create substantial difficulties in meeting a
requirement of delivery within 10 days. The policy shall provide for delivery
in less than 10 days for any category of payments that the department
determines can be delivered within a shorter period of time. The department
shall consider federal guidelines and rules relating to the timing of
transactions in financial institutions in developing a policy under this
subsection. Any policy adopted under this subsection applies to all courts of
this state, except that municipal courts and justice courts are not bound by
any requirement that a category of payments be delivered in less than 10 days. [2001
c.249 §35; 2003 c.576 §62]
18.715
Sanctions. (1) A court may impose sanctions
against any person who files a challenge to a garnishment in bad faith. The
sanctions a court may impose under this subsection are a penalty of not more
than $100 and responsibility for attorney fees under ORS 20.105.
(2) The court shall order a creditor to
return any property that is garnished under a writ of garnishment and that was
exempt from garnishment or not subject to garnishment, and shall order the
creditor to pay a penalty of $200 to the debtor in addition to all costs and
reasonable attorney fees incurred by the debtor in recovering the property and
penalty, if:
(a) The creditor is the garnishor and
fails to provide in the writ any address for the debtor that is known to the
creditor; or
(b) The creditor is not the garnishor and
fails to provide to the garnishor any address for the debtor that is known to
the creditor.
(3) The imposition of sanctions under this
section does not limit any remedy otherwise available to the creditor or
debtor. [2001 c.249 §36]
18.718
Special procedures for writs issued for past due support.
(1) Notwithstanding ORS 18.700 (2), if a writ of garnishment is issued pursuant
to ORS 25.083, the debtor may:
(a) Challenge the enforcement of the past
due support in the appropriate tribunal of the state upon whose request the
writ was issued as indicated in the writ of garnishment; or
(b) File a challenge to the garnishment
with the court administrator for the court in the county in which the property
was located when the writ was delivered, if the debtor pays the filing fee
required for an appearance and files with the court administrator copies of the
writ of garnishment, the debt calculation form and the garnishee response
delivered to the debtor under ORS 18.658.
(2) When a challenge to a garnishment is
filed under this section, the court administrator shall enter the filing in the
court register and the court shall decide the challenge in the manner provided
by ORS 18.710.
(3) Immediately upon receipt of a notice
of a challenge to a garnishment under this section, the issuer of the writ
shall file with the court administrator a response to the challenge, attaching
copies of the writ of garnishment and garnishee response, and any supporting
documentation necessary or helpful to the court in making a determination on
the challenge. [2001 c.249 §36a; 2003 c.576 §63; 2007 c.493 §17]
(Claim
by Person Other Than Debtor)
18.725
Claim by person other than debtor for all or part of garnished property.
Any person other than a debtor who has an interest in any garnished property or
in any part of the garnished property may assert that interest by filing with
the court administrator for the court specified in the writ of garnishment an
application in substantially the form set forth in ORS 18.850 for a challenge
to a garnishment. The provisions of ORS 18.700 to 18.715 apply to an
application made under this section. [2001 c.249 §37; 2003 c.576 §64]
(Payment
of Money Under Writ Generally)
18.730
Payment of money under writ; garnishor’s duty to hold payments.
(1) Unless the court has directed otherwise or the garnishee has received
notice that a challenge to the garnishment has been filed by the debtor, a
garnishee shall make payments of money under a writ of garnishment to the
garnishor.
(2) Except as provided in ORS 18.645 and
18.745, a garnishor receiving a payment under a writ of garnishment must hold
the payment for a period of 10 days after receipt. The payments must be held in
this state, must be clearly identifiable and must be held separate and apart
from any account used for operating a business or used to pay personal or
business expenses. A payment under a writ may be commingled with other
garnished money.
(3) If a garnishee receives notice of a
challenge to the garnishment from the court administrator under ORS 18.702, the
garnishee shall cease making payments to the garnishor and shall make all
further payments to the court administrator in the manner provided by ORS
18.708.
(4) Notwithstanding subsection (1) of this
section, if a creditor is a state agency as defined by ORS 183.750, the
garnishor may require that checks issued for payments under a writ be made
payable to the garnishor or to such other person as designated by the
garnishor. A state agency may modify the forms provided in ORS 18.600 to 18.850
to reflect the provisions of this subsection. [2001 c.249 §38; 2003 c.85 §15;
2003 c.576 §65]
18.732
Money owed to debtor that is due within 45 days.
(1) If the property garnished by a writ of garnishment is money that is owed to
the debtor and that is not due to be paid at the time the writ is delivered but
that will become due within 45 days after the delivery date, the garnishee is
not required to deliver the money until payment is due. Within five days after
the payment is due, unless the garnishment has been satisfied or released, the
garnishee must mail or deliver to the garnishor the amount of the payment then
due or a portion of the payment sufficient to satisfy the garnishment,
whichever is less.
(2) If the garnishee receives notice of a
challenge to the garnishment at any time before the garnishee mails or delivers
the amount due, the garnishee shall comply with ORS 18.708. [2001 c.249 §39]
(Payment
of Nonexempt Wages)
18.735
Payment of wages subject to garnishment. Upon delivery
of a writ of garnishment, a garnishee that employs the debtor shall pay to the
garnishor all wages that are determined to be subject to garnishment, and that
are not exempt under ORS 18.385, at the following times:
(1) The garnishee must make an initial
payment when the garnishee next pays any wages to the debtor. The payment must
be for all wages that were owing to the debtor on the date that the writ was
delivered to the garnishee, and all amounts that are being paid to the debtor
for work performed after the writ was delivered and before issuance of the
paycheck. The garnishee must compute the amount of wages subject to garnishment
using the wage exemption calculation form provided by ORS 18.840 and must mail
a copy of the completed form along with the first payment under the writ.
(2) Unless the writ of garnishment is
satisfied or released, the garnishee must make subsequent payments under the
writ whenever the garnishee makes any payment of wages to the debtor during the
period specified in ORS 18.625. Each time there is any change in the debtor’s
pay period or any change in the amount paid to the debtor during the debtor’s
pay period, the garnishee must complete a new wage exemption calculation form
and mail a copy of the completed form along with the payment.
(3) Unless the writ of garnishment is
satisfied or released sooner, the garnishee must make a final payment under the
writ when the garnishee next makes a payment of wages to the debtor after the
writ expires under the provisions of ORS 18.625. The payment must be for all
wages that were owing to the debtor on the date that the writ expires. The
garnishee must complete a new wage exemption calculation form and mail a copy
of the completed form along with the final payment. [2001 c.249 §40]
18.736
Processing fee. (1) If a garnishee that employs
a debtor is required to make any payment under a writ of garnishment by reason
of wages payable to the debtor, the garnishee may collect a $2 processing fee
for each week of wages, or fraction of a week of wages, for which a payment is
made under the provisions of ORS 18.735. The processing fee must be collected
after the last payment is made under the writ. The fee shall be withheld from
the wages of the debtor, and is in addition to the amounts withheld for payment
to the garnishor under the writ or under any other writ delivered to the
garnishee.
(2) The fee provided for in this section
may not be collected if withholding of the fee would reduce the debtor’s net
disposable income below the minimum amounts prescribed by ORS 18.385. [2003
c.779 §3; 2009 c.529 §1]
(Payments
Made to Court Administrator)
18.738
Acceptance or rejection of payments by court administrator.
(1) The court administrator is not liable for accepting any amount of payment
under a writ of garnishment, including any payment that is sent to the court
administrator in error or any payment that exceeds the amount required to
satisfy the garnishment.
(2) The court administrator may return to
the garnishee any payment received from the garnishee unless the garnishee has
delivered a garnishee response to the court in the manner required by ORS
18.690 or has provided a statement to the court administrator that the payment
is a voluntary payment on behalf of the debtor to be applied toward
satisfaction of the garnishment or is a payment under another law or court
order that requires or allows the garnishee to pay money to the court. [2001
c.249 §41; 2003 c.576 §66]
18.740
Payments erroneously sent to court. (1) If a
garnishee erroneously sends a payment to the court that should have been sent
to the garnishor, the court administrator shall immediately forward to the
garnishor any cash or check made payable to the garnishor. If a garnishee
erroneously sends a payment in the form of a check made payable to the court,
the court administrator may deposit and hold the check until the check has
cleared and then forward the payment to the garnishor.
(2) The court administrator is not liable
for interest on money erroneously sent to the court if the court administrator
transmits the money to the garnishor in a timely manner. [2001 c.249 §42; 2003
c.576 §67]
(Crediting
of Payments)
18.742
Crediting of payments against debt. (1) If a
garnishee makes payment to the garnishor, the payment shall be credited against
the debt on the date the garnishor receives the payment.
(2) If a garnishee makes payment to the
court, the payment shall be credited against the debt on the date the court
administrator disburses payment to the garnishor, unless the court otherwise
orders. This subsection applies even if the garnishee makes payment to the
court in error or when the court administrator holds money pending a decision
on a challenge to the garnishment. [2001 c.249 §43; 2003 c.576 §68]
18.745
Excess payments. Within 10 days after receiving a
payment under a writ of garnishment, a garnishor or creditor must return to the
debtor any amount that exceeds the amount owing on the debt. If payment was
made by check, the garnishor or creditor is not required to return the payment
until 10 days after the check has cleared. [2001 c.249 §44; 2003 c.85 §16]
(Property
Subject to Sale by Sheriff)
18.750
Application of ORS 18.750 to 18.760. (1) A
garnishee shall not deliver the property described in this section to the
garnishor. If the garnishor seeks to apply the property described in this
section against the debt of the debtor, the property must be sold by the
sheriff in the manner specified in ORS 18.750 to 18.760.
(2) The provisions of ORS 18.750 to 18.760
apply to:
(a) Except as provided in ORS 18.618
(1)(a)(F), any money owed by a garnishee to a debtor the payment of which is
not due at the time the writ of garnishment is delivered to the garnishee and
the payment of which does not become due within 45 days after the date of
delivery;
(b) Property of the debtor that the
garnishee holds under an unexpired bailment or lease;
(c) Property of the debtor in which the
garnishee has a security interest that was granted to the garnishee by the
debtor before the delivery of the writ; and
(d) Any other garnishable property that is
not payable in money.
(3) The property described in subsection
(2)(a) to (c) of this section must be delivered by the garnishee to the
purchaser in the manner provided by ORS 18.758 (3) if the interest of the
debtor in the property is sold by the sheriff under ORS 18.758. Subject to the
provisions of ORS 18.755, the garnishee must deliver to the sheriff any other
garnishable property that is not payable in money upon receiving notice from
the sheriff under ORS 18.755 (4). [2001 c.249 §45; 2005 c.542 §64; 2007 c.496 §6]
18.752
Garnishee duties. (1) If a garnishee indicates in
the garnishee response that the garnishee holds any property described in ORS
18.750, the garnishee must hold the garnished property, or a portion of the
property sufficient to satisfy the garnishment, for a period of 30 days after
the garnishee delivers the garnishee response to the court administrator for
the court specified in the writ of garnishment as having authority over the
writ, unless the sheriff or the garnishor notifies the garnishee that the
garnishment is released or terminated. If the sheriff contacts the garnishee
during the 30-day period, the garnishee shall deliver the property to the
sheriff or take such other action as may be specified in the notice given to
the garnishee under ORS 18.755 (4).
(2) If the garnishee is not contacted by
the sheriff before the end of the 30-day period provided for in subsection (1)
of this section, the garnishment is of no further force or effect with respect
to the property and the garnishee may deal with the garnished property as if
the writ had not been delivered to the garnishee. [2001 c.249 §46; 2003 c.304 §3;
2003 c.576 §69a]
18.755
Request for sale; sheriff’s fees. (1) If a
garnishee indicates in the garnishee response that the garnishee holds any
property described in ORS 18.750, the garnishor may require that the property
be sold and that the proceeds of the sale be applied against the debt owed to
the creditor. A sale of the property shall be conducted by the sheriff only if
the garnishor mails or delivers a written request for sale of the property, and
pays the fees determined by the sheriff under subsection (3) of this section,
not later than 20 days after the garnishee delivers the garnishee response to
the court administrator for the court specified in the writ of garnishment as
having authority over the writ. A copy of the writ and a copy of the garnishee
response must be attached to the request for sale of the property.
(2) A sale of the property described in
ORS 18.750 may be conducted under ORS 18.750 to 18.760 only by the sheriff of
the county in which the writ was delivered or, if the property is not located
within the county in which the writ was delivered, by the sheriff of the county
in which the property is located.
(3) A garnishor may request that the
sheriff of a county described in subsection (2) of this section provide a
statement to the garnishor of the fees that the sheriff will charge for
conducting a sale of property that is described in ORS 18.750. The sheriff
shall conduct such investigation as may be necessary to determine the difficulty
of conducting any sale of the property under ORS 18.758, including any costs
that the sheriff may incur in taking into possession any of the property
described in ORS 18.750 (3). The sheriff shall determine whether the property
described in ORS 18.750 (3) should be taken into possession of the sheriff, or
whether the sheriff should enter into an agreement with the garnishee for the
garnishee to continue to hold the property pending sale by the sheriff. The
sheriff shall provide the statement of fees to the garnishor not later than
five days after the garnishor requests the statement.
(4) If the garnishor mails or delivers a
written request for sale of property and pays the sheriff fees determined under
subsection (3) of this section within the time allowed by subsection (1) of
this section, the sheriff shall promptly mail or deliver a written notice to
the garnishee. The notice shall direct the garnishee to:
(a) Hold all property described in ORS
18.750 (2)(a) to (c) until the garnishee receives further instructions with
respect to disposition of the property; and
(b) Deliver all property described in ORS
18.750 (2)(d) to the sheriff, unless the sheriff has agreed with the garnishee
that the property should continue to be held by the garnishee pending sale.
(5) Upon sending a notice to a garnishee
under subsection (4) of this section, the sheriff shall mail or deliver a copy
of the notice to the court administrator for the court with authority over the
writ.
(6) A sheriff is not liable to the
garnishor, the debtor or any other person for loss of, or damage to, property
that is not delivered to the sheriff pending sale of the property. [2001 c.249 §47;
2003 c.304 §4; 2003 c.576 §69; 2011 c.195 §3]
18.758
Sheriff’s sale. (1) A sheriff shall sell property
under ORS 18.750 to 18.760 in the same manner in which property is sold on
execution. If the debtor owns only part of the property, the sheriff shall sell
the interest of the debtor in the property. The date scheduled by the sheriff
for the sale of the property must be:
(a) Within 20 days after notice is sent to
the garnishee under ORS 18.755 (4), if the garnishee is directed to continue to
hold the property pending sale by the sheriff; or
(b) Within 20 days after the property is
delivered to the sheriff, if the garnishee is directed to deliver the property
to the sheriff under ORS 18.755 (4).
(2) If the garnishor notifies the sheriff
that property should be released to the debtor, the sheriff shall promptly
release the property.
(3) If the garnishee continues to hold
property of the debtor pending sale of the property under ORS 18.750 to 18.760,
within five days after the sale of property under this section the sheriff
shall advise the garnishee in writing of the identity of the purchaser and that
the purchaser is entitled to possession of the property or to possession of the
debtor’s interest in the property. If the property is a debt owed to the debtor
for which payment is not due or is subject to a bailment, lease or security
interest that has not yet expired or been satisfied or released, the garnishee
need not deliver the property to the purchaser until five days after payment is
due, the bailment or lease has expired, or the indebtedness secured by the
property is satisfied or the security interest is released. [2001 c.249 §48;
2007 c.255 §1]
18.760
Challenge to garnishment. If the sheriff receives notice
of a challenge to the garnishment pursuant to ORS 18.702 after a request for
sale of property has been submitted by the garnishor under ORS 18.755, the
sheriff shall not take possession of or sell any property that is subject to
the challenge. If the sheriff has taken property into possession before
receiving the notice provided for in ORS 18.702, the sheriff shall hold the
property pending the court’s determination on the challenge. Upon receiving
notice of the court’s determination under ORS 18.712, the sheriff shall proceed
as directed by the court. [2001 c.249 §49]
(Release
of Garnishment)
18.770
Release of garnishment. (1) A garnishor may issue a
release of garnishment that covers all or any portion of the property held
under a writ of garnishment. The release must be in substantially the form
provided by ORS 18.842. The garnishor must deliver a copy of the release to the
garnishee and the debtor. In addition, the garnishor must deliver a copy of the
release to:
(a) The sheriff, if the garnishor has made
a request for sale of property under ORS 18.755; and
(b) The court administrator for the court
specified in the writ of garnishment as the court with authority over the writ,
if the garnishor has made a request for sale of property under ORS 18.755 or if
the garnishor has received a challenge to the garnishment.
(2) A person who does not receive a copy
of a release under this section is not liable for treating the property as
though the writ were still in effect.
(3) Any proceedings for the sale of
property under ORS 18.758 shall be terminated immediately upon receipt by the
sheriff of a copy of a release of garnishment.
(4) Upon receipt of a copy of a release
under this section, the garnishee may proceed to deal with the released
property as though the writ of garnishment had not been issued. [2001 c.249 §50;
2003 c.576 §70]
(Sanctions
Against Noncomplying Garnishee)
18.775
Liability of garnishee. (1) If a garnishee fails to file
a garnishee response within the time required by law, or fails to deliver all
garnishable property required to be delivered under the writ of garnishment
within the time required by law, the garnishee is liable to the creditor in an
amount equal to the lesser of:
(a) The amount required to satisfy the
garnishment; or
(b) The value of the debtor’s garnishable
property held by the garnishee at the time the writ is delivered to the
garnishee.
(2) A judgment may be entered against the
garnishee for the amounts specified in this section if, after a hearing, the
court finds that:
(a) The garnishee at the time of the
delivery of the writ of garnishment held garnishable property of the debtor
beyond the amount reported in the garnishee response;
(b) The garnishee held any garnishable
property of the debtor and the garnishee failed to make a response; or
(c) The garnishee failed to deliver
garnishable property required to be delivered under the writ.
(3) A supplemental judgment shall be
entered under subsection (2) of this section if the garnishment was issued for
a debt described in ORS 18.605 (1)(a) and a general judgment has been entered
in the action. A limited judgment shall be entered under subsection (2) of this
section if the garnishment was issued for a debt described in ORS 18.605 (1)(a)
and a general judgment has not been entered in the action. A limited or general
judgment shall be entered under subsection (2) of this section if the
garnishment was issued for a debt described in ORS 18.605 (1)(b), (c) or (d).
(4) If a garnishee is liable to a creditor
under subsections (1) and (2) of this section, the creditor may also recover
costs of the creditor as determined under ORCP 68. If the garnishee fails to
file a garnishee response within the time required by law, the costs of the
creditor may be recovered from the garnishee even if it is determined that the
garnishee held no garnishable property of the debtor at the time the writ was
delivered to the garnishee.
(5) Any amounts from a garnishee collected
other than costs under a judgment entered pursuant to this section must be
credited against the debt owed by the debtor to the creditor. [2001 c.249 §51;
2009 c.484 §8]
18.778
Order to appear. (1) If a garnishee fails to
provide a garnishee response within the time required by law, or the response
is unsatisfactory to the garnishor, or the garnishee fails to deliver
garnishable property under the writ of garnishment within the time required by
law, upon application of the garnishor, the garnishee may be ordered by the
court to appear at a specified time and place for an examination. In addition
to or in lieu of an order to appear for examination, the court may order the
garnishee to appear for a hearing under ORS 18.782 to determine whether the
garnishee should be held liable for the amount specified in ORS 18.775.
(2) At any time after a garnishor applies
for an order under this section, the court may enter an order restraining the
garnishee from in any manner disposing of or injuring any of the property of
the debtor alleged by the garnishor to be in the garnishee’s possession.
(3) Disobedience of any order of the court
under this section, or refusal to answer any question upon appearance under an
order to appear for examination, may be punished as contempt. [2001 c.249 §52]
18.780
Pleadings; default judgment. (1) If the
court orders a garnishee to appear for a hearing under ORS 18.782, the
garnishor must serve upon the garnishee written allegations not less than 20
days before the time set for the hearing or within such time as may be
specified in the order. The allegations must inform the garnishee that if the
garnishee fails to answer the allegations not less than 10 days before the time
when the garnishee is required to appear for hearing, default judgment may be
given against the garnishee for an amount no greater than the judgment against
the debtor, plus any costs awarded by the court in the proceeding. The
garnishor may also serve upon the garnishee, not less than 20 days before the
time set for the hearing or within such time as may be specified in the order,
written interrogatories concerning matters relating to the garnishment.
(2) Unless further time is allowed for
good cause, not less than 10 days before the time when the garnishee is
required to appear for hearing, the garnishee must file with the court an
answer to the allegations and interrogatories of the garnishor and deliver a
true copy of the answer to the garnishor. The answer shall be on oath and shall
contain a full response to all of the allegations and interrogatories.
(3) The garnishor may except to the answer
of the garnishee for insufficiency, within such time as may be allowed by the
court. If the answer is adjudged insufficient, the garnishee may be allowed to
amend the answer.
(4) If the garnishee fails to answer as
required under subsection (2) of this section, the creditor may have judgment
against the garnishee for want of answer. In no case shall default judgment be
given against the garnishee for an amount greater than the judgment against the
debtor, plus any costs awarded by the court in the proceeding. The judgment
provided for in this subsection is in lieu of any judgment under ORS 18.775.
Any amounts other than costs collected from a garnishee under a judgment
entered pursuant to this subsection must be credited against the debt owed by
the debtor to the creditor. [2001 c.249 §53]
18.782
Hearing. Witnesses, including the debtor and
garnishee, may be required to appear and testify at a hearing held pursuant to
an order issued under ORS 18.778. The proceedings against a garnishee shall be
tried by the court as upon the trial of an issue of law between a plaintiff and
defendant. [2001 c.249 §54]
(Financial
Institution as Garnishee)
18.784
Certain financial institution deposits not subject to garnishment; garnishment
account review. (1) Except as provided in
subsection (6) of this section, if a writ of garnishment is delivered to a
financial institution that has an account of the debtor, the financial
institution shall conduct a garnishment account review of all accounts in the
name of the debtor before taking any other action that may affect funds in
those accounts. If the financial institution determines from the garnishment
account review that one or more payments described in subsection (3) of this
section were deposited in an account of the debtor by direct deposit or
electronic payment during the lookback period described in subsection (2) of
this section, an amount equal to the lesser of the sum of those payments or the
total balance in the debtor’s account is not subject to garnishment.
(2) The provisions of this section apply
only to payments described in subsection (3) of this section that are deposited
during the lookback period that ends on the day before the day on which the
garnishment account review is conducted and begins on:
(a) The day in the second calendar month
preceding the month in which the garnishment account review is conducted, that
has the same number as the day on which the period ends; or
(b) If there is no day as described in
paragraph (a) of this subsection, the last day of the second calendar month
preceding the month in which the garnishment account review is conducted.
(3) The provisions of this section apply
only to:
(a) Federal benefit payments;
(b) Payments from a public or private
retirement plan as defined in ORS 18.358;
(c) Public assistance payments from the
State of Oregon or an agency of the State of Oregon;
(d) Unemployment compensation payments
from the State of Oregon or an agency of the State of Oregon;
(e) Black lung benefits payments from the
United States Department of Labor; and
(f) Workers’ compensation payments from a
workers’ compensation carrier.
(4) The provisions of this section apply
only to a payment that a financial institution can identify as being one of the
types of payments described in subsection (3) of this section from information
transmitted to the financial institution by the payor.
(5) A financial institution shall perform
a garnishment account review only one time for a specific garnishment. If the
same garnishment is served on a financial institution more than once, the
financial institution may not perform a garnishment account review or take any
other action relating to the garnishment based on the second and subsequent
service of the garnishment.
(6) A financial institution may not
conduct a garnishment account review under this section if a Notice of Right to
Garnish Federal Benefits from the United States Government or from a state
child support enforcement agency is attached to or included in the garnishment
as provided in 31 C.F.R. part 212. If a Notice of Right to Garnish Federal
Benefits is attached to or included in the garnishment, the financial
institution shall proceed on the garnishment as otherwise provided in ORS
18.600 to 18.850.
(7) The provisions of this section do not
affect the ability of a debtor to claim any exemption that otherwise may be
available to the debtor under law for any amounts in an account in a financial
institution. [Formerly 18.619]
18.785
Duties of financial institution; notice to account holder.
(1) Except as provided in this section, if a financial institution determines
from a garnishment account review conducted under ORS 18.784 (1) that one or
more payments described in ORS 18.784 (3) have been deposited into the debtor’s
account by direct deposit or electronic payment during the lookback period
described in ORS 18.784 (2), and there is a positive balance in the account at
the time the garnishment account review is conducted, the financial institution
shall:
(a) Immediately calculate and establish
the amount in the debtor’s account that is not subject to garnishment and
ensure that the debtor has full customary access to that amount; and