(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]
Note: Section 2, chapter 495, Oregon Laws 2007, provides:
Sec. 2. The amendments to ORS 18.312 by section 1 of this 2007 Act apply to all decedents, whether dying before, on or after the effective date of this 2007 Act [January 1, 2008]. [2007 c.495 §2]
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