(1) At least 10 days before the hearing on a motion filed under ORS 18.906, the judgment creditor must:
(a) Serve the judgment debtor in the manner provided by ORCP 7 with a copy of the motion and the supporting affidavit, and with a notice of the time and place of the hearing; and
(b) Send a copy of the motion and the notice by first class mail to the property at the mailing address for the property.
(2) The notice required by subsection (1) of this section must be in substantially the following form:
______________________________________________________________________________
NOTICE OF HEARING ON SHERIFF’S
SALE OF YOUR PROPERTY
This is to notify you that _____ has asked the court to order the sheriff to sell property located at _________ to satisfy a judgment against_____.
Before deciding whether to order the sale, the court will hold a hearing on _____, 2___, at ______ a.m./p.m., in Room _____, ______.
The law provides that property is your homestead if the property is actually used as a home by you, your spouse, a dependent parent or a dependent child. If you are temporarily absent from the property but intend to move back in, the property is still your homestead.
The law provides that if the property is your homestead, then $_____ of its value ($_____for a manufactured dwelling if you do not own the property where the dwelling is located) may not be taken to satisfy a judgment against you. In addition, a homestead usually may not be sold to satisfy a judgment for $3,000 or less.
The law provides that property may be sold despite the fact that it is your homestead and all of its value may be taken to satisfy a judgment against you if the judgment is for child support.
IF YOU WISH TO PROTECT THIS PROPERTY FROM A SHERIFF’S SALE, YOU SHOULD COME TO THE COURT HEARING.
IF YOU HAVE ANY QUESTIONS, YOU SHOULD SEE A LAWYER AT ONCE.
If you do not own this property, please give this notice and the papers served with it to the owner.
______________________________________________________________________________
[2005 c.542 §18]
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