Chapter 52 — Civil
Actions
2011 EDITION
CIVIL ACTIONS
JUSTICE COURTS
GENERAL PROVISIONS
52.010 Actions
commenced and prosecuted, and judgments enforced, as in circuit court;
prevailing party entitled to disbursements
52.020 Mode
of proceeding and rules of evidence
52.030 Court
rules and procedures
52.035 Dismissal
of civil cases for want of prosecution
52.040 Contempt
in justice court
52.060 Persons
entitled to act as attorneys in justice court
SUMMONS
52.110 Service;
form, contents and requisites of summons
52.120 Persons
authorized to serve summons; compensation; manner of service
52.130 Appointment
of persons to serve process or order
52.170 Security
for disbursements
52.180 Form
of undertaking; qualifications and justification of sureties; deposit in lieu
of undertaking
ATTACHMENT
52.210 Plaintiff
entitled to attachment as in circuit court
52.220 Attachment
proceedings conducted as in circuit court
52.250 Attachment
of real property prohibited
PLEADINGS
52.310 Pleadings
governed by rules applicable to pleadings in circuit court
52.320 Counterclaim
exceeding jurisdiction; transfer to circuit court; time allowed plaintiff to
plead; costs; effect of failure to tender costs
TRIAL FEES
52.410 Trial
fee
52.420 Trial
fee payable in advance; effect of failure to pay; recovery of fee as
disbursement
52.430 State
or county exempted from prepaying trial fee; recovery of trial fee
52.440 Accounting
for and disposition of trial fee
TRIAL AND JUDGMENT
52.510 Postponement
of trial
52.520 Depositions
of witnesses as condition to postponement
52.530 Change
of place of trial
52.540 Payment
of disbursements for change of venue; subpoenaed witnesses
52.550 When
change of venue deemed complete
52.560 Jurisdiction
to cease when title to real property in question; further proceedings in
circuit court
52.570 Right
to jury trial
52.580 Judgment
52.590 Judgment
may not determine or affect title to real property
ENFORCEMENT AND SETOFF OF JUDGMENTS;
EXECUTIONS
52.600 Enforcement
of justice court judgments generally
52.610 Enforcement
of judgment given by other justice
52.620 Filing
transcript of judgment in another county; issuance of execution
52.635 Liens
based on justice court judgment
52.640 Setoff
of judgment; application and notice
52.650 Right
of appeal precludes setoff; procedure to set off judgment of another court
52.660 Enforcement
of setoff judgment stayed
52.670 Setoff
of mutual judgments
52.680 Setoff
of judgments in different amounts; disallowance of setoff
52.700 Return
on execution; to whom directed; duty of officer to execute writ
52.710 Renewal
of execution; indorsement and entry of renewal
GENERAL PROVISIONS
52.010 Actions commenced and prosecuted,
and judgments enforced, as in circuit court; prevailing party entitled to
disbursements. (1) Actions at law in justice courts
shall be commenced and prosecuted to final determination and judgment enforced
therein, in the manner provided for similar actions in the circuit courts,
except as in this chapter otherwise provided.
(2)
All disbursements shall in all cases be allowed the prevailing party.
52.020 Mode of proceeding and rules of
evidence. The mode of proceeding and the rules of
evidence are the same in a justice court as in a like action or proceeding in
the circuit courts, except where otherwise specially provided.
52.030 Court rules and procedures.
The rules in justice courts governing mistakes in pleadings and amendments
thereof, vacating defaults and judgments for mistake, inadvertence, surprise or
excusable neglect, the formation of issues of both law and fact, the postponing
of trials for cause shown, the mode of trial, the formation of the jury, the
conduct and manner of trial by jury or by the justice without a jury, the
procedure regarding the verdict and judgment and the enforcement thereof by
execution shall be as prescribed for civil actions in the circuit courts,
except as otherwise provided.
52.035 Dismissal of civil cases for want
of prosecution. The justice of the peace of
every justice court shall mail a notice to each of the attorneys of record, or,
to the plaintiff where there is no licensed attorney representing the
plaintiff, in every pending civil action, suit or proceeding in their
respective courts in which no proceedings have been had or papers filed for a
period of more than one year. The notice shall state that each such case will
be dismissed by the court for want of prosecution 60 days from the date of
mailing the notice, unless, on or before the expiration of the 60 days,
application, either oral or written, be made to the court and good cause shown
why it should be continued as a pending case. If such application is not made
or good cause is not shown, the court shall dismiss each such case. Nothing
contained herein shall be construed to prevent the dismissing at any time, for
want of prosecution, of any suit, action or proceeding upon motion of any party
thereto. [1953 c.360 §1]
52.040 Contempt in justice court.
ORS 33.015 to 33.155, defining acts that constitute contempt and the proceedings
for imposing sanctions for contempt, apply to justice courts. [Amended by 1991
c.724 §20; 1999 c.605 §4; 2005 c.22 §34]
52.050
[Repealed by 1999 c.605 §8]
52.060 Persons entitled to act as attorneys
in justice court. Any person may act as attorney
for another in a justice court, except a person or officer serving any process
in the action or proceeding, other than a subpoena.
SUMMONS
52.110 Service; form, contents and
requisites of summons. (1) At any time after the action
is commenced by the filing of a complaint with the justice of the peace, the
plaintiff may cause a summons to be served on the defendant. It shall be
subscribed by the plaintiff or plaintiff’s attorney or the justice of the
peace. It shall specify the name of the court in which the complaint is filed
and shall contain the title of the cause specifying the names of the parties to
the action, plaintiff and defendant. It shall be directed to the defendant and
shall require the defendant to appear and defend within the time required by
ORCP 7 C(2) or, in case of failure to so appear and defend, the plaintiff will
take judgment against the defendant for the money, property or other relief
demanded in the complaint, with costs and disbursements of the action.
(2)
A summons shall contain a notice printed in type size equal to at least 8-point
type which may be substantially in the following form:
______________________________________________________________________________
NOTICE TO
DEFENDANT:
READ THESE
PAPERS CAREFULLY!
You
must “appear” in this case or the other side will win automatically. To “appear”
you must file with the court a legal paper called a “motion” or “answer.” The “motion”
or “answer” must be given to the justice of the peace within 30 days along with
the required filing fee. It must be in proper form and have proof of service on
the plaintiff’s attorney or, if the plaintiff does not have an attorney, proof
of service on the plaintiff.
If
you have questions, you should see an attorney immediately.
______________________________________________________________________________
[Amended by 1983 c.673 §10]
52.120 Persons authorized to serve
summons; compensation; manner of service. (1)
The summons in an action in a justice court shall be served by a person
authorized to serve summons, who shall be compensated for service of the
summons, as provided for the service of summons in civil action in a circuit
court.
(2)
The summons shall be served in the manner provided for the service of summons
in a civil action in a circuit court. The summons shall be returned to the
justice by whom it was issued by the person serving it, with proof of service
or that the defendant cannot be found. [Amended by 1953 c.749 §4; 1973 c.827 §10;
1977 c.877 §11; 1979 c.284 §84]
52.130 Appointment of persons to serve
process or order. Whenever it appears to the
justice that any process or order authorized to be issued or made will not be
served for want of an officer, the justice may appoint any other person
authorized by ORS 52.120, to serve it. Such an appointment may be made by an indorsement on the process or order, in substantially the
following form and signed by the justice with the name of the office of the
justice:
______________________________________________________________________________
I hereby appoint A B to serve the within
process or order.
______________________________________________________________________________
[Amended by 1977 c.877 §12; 1979 c.284 §85; 1995 c.79 §13]
52.140
[Amended by 1953 c.479 §4; 1977 c.877 §13; repealed by 1979 c.284 §199]
52.150
[Repealed by 1979 c.284 §199]
52.160
[Repealed by 1979 c.284 §199]
52.170 Security for disbursements.
If the plaintiff is a nonresident of this state, the justice may require the
plaintiff to give an undertaking with one or more sureties, or an irrevocable
letter of credit issued by an insured institution, as defined in ORS 706.008,
for the disbursements of the action before issuing the summons; and if at any
time before the commencement of the trial the defendant applies therefor, the justice must require such plaintiff to give
the undertaking or irrevocable letter of credit. If the plaintiff is a resident
of this state, the justice may, in the discretion of the justice, upon a like
application on the part of the defendant, require the plaintiff to give such
undertaking or irrevocable letter of credit. However, if the plaintiff is a
resident of Oregon and makes the affidavit that the plaintiff is unable to
furnish the undertaking or irrevocable letter of credit as required by this
section, the giving of such undertaking or irrevocable letter of credit shall
be waived. [Amended by 1991 c.331 §14; 1997 c.631 §374]
52.180 Form of undertaking; qualifications
and justification of sureties; deposit in lieu of undertaking.
(1) The undertaking may be substantially in the following form:
______________________________________________________________________________
“I, A B,” or “We, A B and C D, undertake
to pay E F, the defendant in this action, all disbursements that may be
adjudged to E F in this action.”
______________________________________________________________________________
(2)
The sureties must possess the qualifications of bail upon arrest, and, if
required by the defendant, must justify in a sum not less than $50. A deposit
with the justice of such sum as the justice may deem sufficient shall be
equivalent to giving the required undertaking. If the undertaking or deposit in
lieu thereof is not given or made by the time the action is at issue and ready
for trial on a question of fact, the justice must dismiss the action as for
want of prosecution. [Amended by 1995 c.79 §14]
ATTACHMENT
52.210 Plaintiff entitled to attachment as
in circuit court. In a civil action in a justice
court the plaintiff is entitled to the benefit of the provisional remedies of
attachment and delivery of personal property claimed in the action, as in like
cases in the circuit courts. All affidavits, orders and undertakings for these
remedies are to be taken or made and filed with the justice, and the process is
to be issued by and made returnable before the justice. A writ of attachment or
an order for the delivery of personal property claimed in the action may be
served and executed by any person authorized to serve a summons. [Amended by
1981 c.898 §41]
52.220 Attachment proceedings conducted as
in circuit court. The provisions for proceedings
in the circuit courts on attachment and delivery of personal property shall
govern in like cases in justice courts, except as otherwise provided. [Amended
by 1981 c.898 §42]
52.230
[Repealed by 1981 c.898 §53]
52.240
[Repealed by 1981 c.898 §53]
52.250 Attachment of real property
prohibited. Real property or any interest therein
cannot be attached upon a writ of attachment in a civil action in a justice
court.
52.260
[Repealed by 1981 c.898 §53]
PLEADINGS
52.310 Pleadings governed by rules
applicable to pleadings in circuit court. The
pleadings in actions in justice courts, the forms thereof and the rules by
which the sufficiency of the pleadings are to be determined, shall be those
prescribed for civil actions in the circuit courts.
52.320 Counterclaim exceeding
jurisdiction; transfer to circuit court; time allowed plaintiff to plead;
costs; effect of failure to tender costs. In all
actions instituted in a justice court a defendant shall have the right to plead
a counterclaim in excess of the jurisdiction of the court, whereupon the
justice of the peace shall, within 10 days following the filing of the answer,
file with the clerk of the circuit court for the county in which the justice
court is located, a transcript of the cause containing a copy of all the
material entries in the justice’s docket, together with all the original papers
relating to the cause. Upon the filing of the transcript with the clerk of the
circuit court, the justice of the peace shall proceed no further in the cause,
but the cause shall thenceforth be considered as transferred to the circuit
court and be deemed pending and for trial therein as if originally commenced in
the court. The circuit court shall have jurisdiction of the cause and shall
proceed to hear, determine and try the same. In the event of the justice’s
failure to file the transcript in the circuit court within the time specified,
the judge of the circuit court may make an order upon the justice to comply
within a specified time with the provisions of this section. The plaintiff in
the action shall have 10 days after the filing of the transcript in the circuit
court in which to move against or reply to defendant’s answer. All costs
incurred in the transfer of the case, including the fee for filing the same in
the circuit court, shall be borne by the defendant and must be tendered by the
defendant to the justice of the peace at the time of filing with the justice
the counterclaim, and the costs may be recovered by the defendant in the event
the defendant prevails. On failure of the defendant to pay to the justice of
the peace the required fee at the time of filing the counterclaim, or within
two days thereafter, the justice of the peace shall disregard the counterclaim
of the defendant and proceed to try the cause as though the counterclaim had
never been filed. [Amended by 1979 c.284 §86]
TRIAL FEES
52.410 Trial fee.
(1) Parties to judicial proceedings in justice courts are required to
contribute toward the expense of maintaining justice courts, or a particular
action or proceeding therein, by the payment of a trial fee.
(2)
The trial fee in a justice court, for every trial by jury, is $17. [Amended by
1979 c.447 §3; 1997 c.801 §133]
52.420 Trial fee payable in advance;
effect of failure to pay; recovery of fee as disbursement.
(1) The trial fee in a justice court shall be paid to the justice upon the
demand for a jury, and unless so paid the demand shall be disregarded and the
trial proceed as if no demand had been made.
(2)
If the party paying the fee prevails in the action or proceeding so as to be
entitled to recover costs therein, the fee shall be allowed and taxed as a
disbursement and collected from the adverse party. [Amended by 2005 c.22 §35]
52.430 State or county exempted from
prepaying trial fee; recovery of trial fee. When
the state or any county is a party to a judicial proceeding in a justice court,
the state or county need not pay the trial fee upon demanding a jury, and if
the state or county is entitled to recover costs therein, the trial fee shall
be allowed and taxed in the state’s or county’s favor as a disbursement, and
collected from the adverse party as in ordinary cases. [Amended by 2005 c.22 §36]
52.440 Accounting for and disposition of
trial fee. In a justice court, the trial fee is
paid to the justice. The justice shall keep an account of such fees, and by
whom paid, and distribute the amount among the jury in the particular case, in
partial payment of their legal fees.
TRIAL AND JUDGMENT
52.510 Postponement of trial.
When a cause is at issue upon a question of fact, the justice must, upon
sufficient cause shown on the application of either party, postpone the trial
for a period not exceeding 60 days.
52.520 Depositions of witnesses as condition
to postponement. An application for the
postponement of the trial shall not be granted unless the party applying therefor, if required by the adverse party, consents to
take the deposition of any witness of the adverse party then in attendance upon
the court. If the consent is given, the justice shall take the deposition, and
it may be read on the trial, subject to the same objection as if the witness
were present and gave the testimony orally.
52.530 Change of place of trial.
(1) The justice shall change the place of trial, on motion of either party to
the action, when it appears from a supporting affidavit of the party that:
(a)
The justice is a party to or directly interested in the event of the action, or
connected by consanguinity or affinity within the third degree with the adverse
party or those for whom the justice prosecutes or defends; or
(b)
The justice is so prejudiced against the party making the motion that the party
cannot expect an impartial trial before the justice.
(2)
The justice may change the place of trial, on motion of either party to the
action, when it appears from a supporting affidavit of the party that the
convenience of parties and witnesses would be promoted by the change, and that
the motion is not made for the purpose of delay.
(3)
The motion for change of place of trial cannot be made or allowed in any action
until after the cause is at issue on a question of fact. The change shall be
made to the nearest justice court in the county. If there is only one justice
court in the county the change shall be made to the circuit court for the
county in which the justice court is located. Neither party shall be entitled
to more than one change in the place of trial, except for causes not in
existence when the first change was allowed. When the place of trial has been
changed, the justice shall forthwith transmit to the justice court or circuit
court to whom the case is transferred a transcript of the proceedings had in
the case with all the original papers filed thereon. All costs incurred in the
transfer of such case, including the fee for filing the same in the court to
which the case is transferred shall be borne by the party requesting the change
and must be tendered by the party to the justice at the time of filing the
motion for the change. Such costs may be recovered by such party in the event
the party prevails in the trial of the action. On the failure of the party to
tender or pay the required fee at the time the motion is filed the justice
shall disregard the motion and proceed to try the action as though no motion
had been filed. [Amended by 1959 c.159 §1; 1995 c.658 §63; 2005 c.22 §37]
52.540 Payment of disbursements for change
of venue; subpoenaed witnesses. (1) The
disbursements of the change of venue shall be paid by the party applying therefor, and not taxed as a part of the costs in the case.
(2)
It shall not be necessary to issue new subpoenas to witnesses, but the
witnesses shall appear before the justice before whom the cause has been
transferred without the issue of any other notice than the allowance of the
motion for the change of venue.
52.550 When change of venue deemed
complete. Upon the filing of the transcript and
papers with the justice to whom the cause has been transferred, the change of
venue shall be deemed complete, and thereafter the action shall proceed as
though it had been commenced before such justice.
52.560 Jurisdiction to cease when title to
real property in question; further proceedings in circuit court.
If it appears on the trial of any cause before a justice of the peace from the
evidence of either party, or from the pleadings, that the title to real
property is in question, which title is disputed by the other party, the
justice shall immediately make an entry thereof in the docket of the justice
and cease all further proceedings in the cause. The justice shall certify and
return to the circuit court of the county a transcript of all the entries made
in the docket of the justice relating to the case, together with all the
process and other papers relating to the action, in the same manner and within
the same time as upon an appeal. Thereupon the circuit court shall proceed in
the cause to final judgment and execution in the same manner as if the action
had been originally commenced therein, and disbursements shall abide the event
of the action.
52.570 Right to jury trial.
When a cause is at issue upon a question of fact, if either party then demands
a jury trial and deposits with the justice such trial fee as is required to be
paid in advance by ORS 52.420 and 52.430, the issue must be tried by a jury and
not the justice; but otherwise it must be tried by the justice.
52.580 Judgment.
When an issue of fact is tried by the justice, it is not necessary that there
be any special statement of the facts found or law determined on the trial. It
is sufficient for the justice to give judgment generally, as the law and
evidence may require, for the plaintiff or the defendant, stating therein for
what amount or what relief or to what effect the same is given.
52.590 Judgment may not determine or affect
title to real property. Although the title to real
property may be controverted or questioned in an
action in a justice court, the judgment in the action shall in no way affect or
determine the title as between the parties, or otherwise.
ENFORCEMENT AND SETOFF OF JUDGMENTS;
EXECUTIONS
52.600 Enforcement of justice court
judgments generally. (1) Upon the docketing of a judgment
by a justice court, the judgment may be enforced by the justice court in the
manner provided in this section.
(2)
Enforcement proceedings on a judgment docketed by a justice court may include:
(a)
Writ of execution proceedings for personal property under ORS 18.252 to 18.993.
(b)
Proceedings in support of execution under ORS 18.265, 18.268 and 18.270.
(c)
Garnishment proceedings under ORS 18.600 to 18.850.
(3)
In addition to the enforcement proceedings specified in subsection (2) of this
section, a docketed justice court judgment may be enforced by the court that
rendered the judgment through the issuance of a writ of execution on real
property under ORS 18.252 to 18.993. A writ of execution on real property may
be issued by a justice court only after the judgment has been transcribed or
recorded in the manner provided by ORS 52.635.
(4)
ORS 18.038, 18.042, 18.048 and 137.071 apply to judgments rendered in justice
courts.
(5)
Except as provided in subsection (6) of this section, the provisions of this
section apply to all judgments docketed by justice courts, including judgments
imposed in violation proceedings and other criminal proceedings.
(6)
The provisions of this section and ORS 52.635 do not apply to proceedings for
enforcement of ordinances governing the parking of vehicles. Ordinances
governing the parking of vehicles shall be enforced as provided by other law. [1999
c.788 §2; 2001 c.249 §74; 2003 c.576 §95]
52.610 Enforcement of judgment given by
other justice. A justice of the peace has authority
and power to enforce a judgment given by the predecessor in office, or by a
justice whose docket has been transferred to the justice of the peace, and to
complete any unfinished business begun before such predecessor, or entered in
such docket, as if the same had been given or begun before the justice of the
peace.
52.620 Filing transcript of judgment in
another county; issuance of execution. The party
entitled to the benefit of a judgment in a justice court may at any time have a
certified transcript of the judgment and file it with any justice in any other
county. Upon the filing of the transcript, the justice with whom it is filed
must make an entry thereof in the docket of the justice, giving the title of
the cause, the names of the parties and the substance of the judgment.
Thereafter execution may issue to enforce the judgment, or any part thereof
remaining unsatisfied, as if it had been given by the justice with whom the
transcript is filed.
52.630
[Amended by 1965 c.619 §27; 1971 c.621 §11; 1975 c.607 §13; 1979 c.833 §14;
1981 c.835 §4; 1983 c.696 §6; 1987 c.586 §20; 1995 c.273 §15; repealed by 1999
c.788 §3 (52.635 enacted in lieu of 52.630)]
52.635 Liens based on justice court
judgment. (1) After a judgment that includes a
money award is docketed in a justice court, a certified copy of the judgment or
a lien record abstract for the judgment may be recorded in the County Clerk
Lien Record for the county that contains the justice court that rendered the
judgment. The certified copy or lien record abstract may be recorded by the
judgment creditor or by the agent of the judgment creditor at any time after
the judgment is rendered and before the judgment expires under ORS 18.194 or is
fully satisfied. From the time the certified copy of the judgment or the lien
record abstract is recorded in the County Clerk Lien Record, the judgment is a
lien upon the real property of the defendant in the county.
(2)
In lieu of recording a certified copy of a judgment or a lien record abstract
for a judgment under subsection (1) of this section, a judgment that includes a
money award rendered by a justice court in a civil action may be transcribed to
the circuit court for the county that contains the justice court that rendered
the judgment. The judgment may be transcribed by the filing of a certified
transcript of the judgment with the clerk of the circuit court. The transcript
must contain a copy of all the docket entries made in the case and the judgment
as rendered by the justice court, certified to be a true and correct transcript
from the original entries by the justice court. Upon filing of the certified
transcript, the clerk shall enter the transcribed judgment in the register of
the circuit court and in the judgment lien record. The clerk shall note in the
register that the transcribed judgment creates a judgment lien. A judgment in a
criminal action may not be transcribed to circuit court under the provisions of
this subsection.
(3)
A certified copy of a judgment docketed in a justice court, or a lien record
abstract for the judgment, may be recorded in any County Clerk Lien Record. The
judgment or lien record abstract may be recorded in a county other than the
county that contains the justice court that rendered the judgment without
transcribing the justice court judgment to the circuit court for the county
that contains the justice court that rendered the judgment, or recording a
certified copy of the judgment or a lien record abstract for the judgment in
the County Clerk Lien Record for the county that contains the justice court. If
the judgment has been transcribed to circuit court, or a certified copy of the
judgment or a lien record abstract for the judgment has been recorded in any
County Clerk Lien Record, a lien record abstract for the judgment in the form
provided by ORS 18.170 may be recorded in the County Clerk Lien Record for any
other county. From the time the certified copy of the judgment or lien record
abstract for the judgment is recorded in the County Clerk Lien Record of another
county, the judgment is a lien upon the real property of the defendant in that
county.
(4)
A certified copy of a certificate of extension filed under ORS 18.194, or a
lien record abstract for the certificate of extension, may be transcribed to
circuit court or recorded in a County Clerk Lien Record in the same manner as
provided for judgments under this section and with like effect.
(5)
The transcribing of a justice court judgment to circuit court under this
section, or the recording of a certified copy of a justice court judgment or a
lien record abstract under this section, does not extend the lien of the
judgment more than 10 years from the original entry of the judgment in the
justice court.
(6)
The fee for filing a transcript with the clerk of the circuit court under
subsection (2) of this section shall be as provided in ORS 21.235 (1). The fee
for recording a certified copy of a justice court judgment or a lien record
abstract under this section shall be as provided in ORS 205.320.
(7)
A justice court and circuit court may enter into an agreement to allow for
electronic transcription of justice court judgments under this section. A
justice court and county clerk may enter into an agreement to allow for
electronic recording of judgments and lien record abstracts under this section.
[1999 c.788 §4 (enacted in lieu of 52.630); 2003 c.576 §96; 2003 c.737 §§80,81;
2007 c.339 §12; 2011 c.595 §120]
Note:
Section 62 (1) and (2), chapter 788, Oregon Laws 1999, provides:
Sec. 62. (1)
The repeal of ORS 52.630 by section 3 of this 1999 Act does not affect any
judgment docketed in a circuit court under the provisions of ORS 52.630 (1997
Edition) before the effective date of this 1999 Act [October 23, 1999].
(2)
Any judgment rendered by a justice court before the effective date of this 1999
Act that was not docketed in the circuit court under the provisions of ORS
52.630 (1997 Edition) before the effective date of this 1999 Act may become a
lien on real property only in the manner provided by section 4 of this 1999 Act
[52.635]. Any judgment rendered in a justice court on or after the effective
date of this 1999 Act may become a lien on real property only in the manner
provided by section 4 of this 1999 Act. [1999 c.788 §62(1),(2)]
52.640 Setoff of judgment; application and
notice. A party against whom a judgment is
given in a justice court may, upon three days’ notice to the adverse party,
apply to the justice of the court to have another judgment given in a justice
court, between the same parties and against the adverse party, set off against
the first mentioned judgment.
52.650 Right of appeal precludes setoff;
procedure to set off judgment of another court.
A judgment proposed as a setoff under ORS 52.640 must be final and no longer
subject to appeal. If the judgment was given in another court than the one
where the application is made, the party proposing the setoff must produce the
transcript of the judgment, certified by the proper justice, which certificate
shall also state how much of the judgment remains unsatisfied and that the
transcript is given for the purpose of being a setoff
against the judgment to which it is proposed as a setoff.
[Amended by 2003 c.14 §23]
52.660 Enforcement of setoff judgment
stayed. The justice making the transcript and
certificate shall make an entry thereof in the docket of the justice and
thereafter all proceedings to enforce the judgment shall be stayed, unless the
transcript is returned with the certificate of the proper justice indorsed
thereon, to the effect that it has not been allowed to be set off.
52.670 Setoff of mutual judgments.
If upon the hearing of the application the justice finds that the judgments are
mutual, the justice shall give judgment allowing the proposed setoff.
52.680 Setoff of judgments in different
amounts; disallowance of setoff. If there is
any difference in the amount of the two judgments, judgment for the difference
must be given in favor of the party owning the larger judgment. If the justice
refuses to allow the setoff, the justice shall so certify on the transcript and
return it to the party.
52.690
[Repealed by 1999 c.788 §5]
52.700 Return on execution; to whom
directed; duty of officer to execute writ. An
execution issued by a justice must be made returnable within 30 days from the
date thereof, and may be directed to the sheriff of the county, or any
constable or marshal or police officer authorized to act as a constable
therein, and must be executed by any one of such officers when delivered to the
officer. [Amended by 1991 c.67 §8]
52.710 Renewal of execution; indorsement and entry of renewal.
At any time before the expiration of the return day of the execution, it may be
renewed for another period of 30 days, at the request of the plaintiff, by an indorsement to that effect made thereon by the justice. The
indorsement must be dated and, if any part of the
execution has been satisfied, must state the amount then due thereon. An entry
of the renewal must also be made in the docket of the justice.
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