(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]
Section: Previous 18.202 18.205 18.210 18.220 18.225 18.228 18.230 18.232 18.235 18.238 18.240 18.242 18.245 18.250 18.252 NextLast modified: August 7, 2008