Oregon Statutes - Chapter 18 - Judgments

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...
18.010 [Amended by 1977 c.208 §1; 1979 c.284 §50; repealed by 1981 c.898 §53]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)...
18.020 [Repealed by 1979 c.284 §199]
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...
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...
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...
18.030 [Amended by 1973 c.207 §1; 1977 c.616 §1; repealed by 1981 c.898 §53]
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...
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...
18.040 [Repealed by 1981 c.898 §53]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...
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,...
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...
18.050 [Amended by 1959 c.638 §6; repealed by 1981 c.898 §53]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...
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...
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...
18.070 [Repealed by 1981 c.898 §53]
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...
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...
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...
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]
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...
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...
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]
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...
18.152 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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
18.210 [Repealed by 1979 c.284 §199]
18.220 [Repealed by 1979 c.284 §199]
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...
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...
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...
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...
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...
18.240 [Repealed by 1979 c.284 §199]
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...
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...
18.250 [Repealed by 1979 c.284 §199]
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...
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...
18.260 [Amended by 1971 c.224 §1; repealed by 1979 c.284 §199]
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...
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...
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...
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...
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...
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...
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...
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...
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]
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...
18.348 Certain funds exempt when deposited in account; limitations.
(1) All funds exempt from execution and other process under ORS 18.358, 18.385 (2) to (4), 238.445, 344.580, 348.863, 401.405, 407.595, 411.760, 414.095, 655.530, 656.234,...
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...
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 and their spouse. (b) �Internal Revenue Code�...
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...
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...
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]
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...
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...
18.390 [Amended by 1961 c.151 §3; 1983 c.696 §4; repealed by 1985 c.343 §14]
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...
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)...
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...
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...
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...
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...
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...
18.425 [1987 c.774 §29; 1997 c.801 §123; 1999 c.788 §26; repealed by 2001 c.779 §10]
18.428 Exemption for manufactured dwellings and floating homes.
(1) Except as otherwise provided by law, a manufactured dwelling or floating home and the property upon which the manufactured dwelling or floating home is...
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]
18.600 Definitions.
As used in ORS 18.600 to 18.850: (1) �Check� has the meaning given that term in ORS 73.0104. (2) �Creditor� means a person to whom...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
18.652 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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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:...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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,...
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...
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...
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...
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...
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...
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....
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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....
18.790 Search fee; garnishment processing fee.
(1) Except as provided in subsection (2) of this section, the garnishor must pay a $10 search fee at the time of delivery of any...
18.792 Safe deposit boxes.
Notwithstanding any other provision of ORS 18.600 to 18.850, but subject to the provisions of ORS 18.854, the duty of a financial institution that is...
18.795 Setoff for amounts owing to financial institution.
In addition to such rights as the garnishee may have at law or in equity, a garnishee who is a financial institution may, following delivery...
18.798 Effect of garnishment served on financial institution.
Notwithstanding any other provision of ORS 18.600 to 18.850, if a writ of garnishment is delivered to a financial institution after 4 p.m. and the...
18.800 Special procedures for writs issued to enforce agency orders or warrants.
(1) Except as provided in this section, the provisions of ORS 18.600 to 18.850 apply to all writs of garnishment issued on behalf of agencies...
18.810 Use of writ for provisional process.
(1) Notwithstanding any other provision of ORS 18.600 to 18.850, a debt calculation form need not be prepared or delivered for any writ of garnishment...
18.830 Writ of garnishment form.
A writ of garnishment must be in substantially the following form: ______________________________________________________________________________ ________ COURT COUNTY OF ________ ______) Plaintiff,)WRIT OF )GARNISHMENT ) vs.)Case No. _____...
18.832 Debt calculation form.
(1) A debt calculation form shall be prepared for each writ of garnishment issued. A copy of the form need not be served on the...
18.835 Garnishee response form.
A garnishee response must be in substantially the following form: ______________________________________________________________________________ ________COURT COUNTY OF ________ ______) Plaintiff,)GARNISHEE )RESPONSE vs.)Case No. _____ ) ______) Defendant.) The...
18.838 Instructions to garnishee form.
Instructions to garnishees must be in substantially the following form: ______________________________________________________________________________ INSTRUCTIONS TO GARNISHEE Except as specifically provided in these instructions, you must complete and...
18.840 Wage exemption calculation form.
A wage exemption calculation form must be delivered to the garnishee with each writ of garnishment. A wage exemption calculation form must be in substantially...
18.842 Release of garnishment form.
A release of garnishment must be in substantially the following form: ______________________________________________________________________________ ________ COURT COUNTY OF ________ ______) Plaintiff,)RELEASE OF )GARNISHMENT vs.) )Case No. _____...
18.845 Notice of exemptions form; instructions for challenge to garnishment.
A notice of exemptions form must be in substantially the form set forth in this section. Nothing in the notice form described in this section...
18.850 Challenge to garnishment form.
A challenge to garnishment form must be in substantially the following form: ______________________________________________________________________________ ________COURT COUNTY OF ________ ______) CHALLENGE TO Plaintiff,) GARNISHMENT ) vs.) Case...
18.854 Notices of garnishment generally.
(1) Any state agency authorized to issue warrants to collect taxes and debts owed to the State of Oregon, including but not limited to warrants...
18.855 Notices of garnishment issued by state agencies.
(1) Notwithstanding ORS 18.607, a notice of garnishment issued by a state agency need not contain the name of a court whose authority is invoked....
18.857 Notice of garnishment issued by county tax collector.
(1) A notice of garnishment issued by a county tax collector must name the circuit court for the county that employs the tax collector as...
18.860 Function of writ.
(1) A writ of execution may direct a sheriff to: (a) Levy on and sell real property of the judgment debtor and deliver the proceeds...
18.862 Form of writ.
(1) A writ of execution must be directed to a sheriff and must contain the name of the court, the names of the parties to...
18.865 Court administrator to issue writ.
(1) Except as otherwise provided by law, upon request of a judgment creditor or other prevailing party under a judgment, a court administrator shall issue...
18.867 Issuance of writs for certain judgments awarding child support.
(1) If support enforcement services are being provided under ORS 25.080, the administrator as defined in ORS 25.010 may issue a writ of execution for...
18.868 Sheriff to whom writ is issued.
(1) If a writ of execution directs a sheriff to sell real property or tangible personal property of a judgment debtor and deliver the proceeds...
18.870 Recording of writ.
Upon delivery of a writ of execution to the sheriff of any county, the judgment creditor must record a copy of the writ certified to...
18.872 Return on writ of execution.
(1) The sheriff shall make a return on the writ of execution to the court administrator within 60 days after the sheriff receives the writ....
18.875 Instructions to sheriff.
(1) The judgment creditor shall provide instructions to the sheriff with a writ of execution. The instructions must be signed by the judgment creditor or...
18.878 Manner of levying on property.
(1) Upon receipt of a writ of execution, the sheriff shall indorse upon the writ of execution the time when the sheriff received the writ....
18.880 Alternative procedure for levying on tangible personal property.
(1) If a sheriff is instructed to secure tangible personal property under this section, the sheriff shall leave the property in the custody of the...
18.882 Criminal penalty for moving, using or damaging secured property.
A judgment debtor or other person commits a Class A misdemeanor if the person knows that a notice has been attached to property secured under...
18.884 Levying on intangible personal property.
(1) A sheriff shall file a notice of levy on intangible property with the court upon receiving the instructions directing the sale of intangible personal...
18.886 Creditor�s bond.
(1) Before levying on personal property a sheriff may require that the judgment creditor file with the sheriff a good and sufficient bond or irrevocable...
18.887 Forcible entry for purpose of levying on personal property.
(1) A sheriff may forcibly enter a structure or other enclosure for the purpose of levying on personal property only pursuant to an order issued...
18.888 Notice of levy.
(1) After levying on property, a sheriff shall mail or deliver a copy of the writ of execution to each judgment debtor. If the writ...
18.890 Debtor�s bond.
If a sheriff is instructed by a judgment creditor to levy on tangible personal property by seizing the property for later sale or by securing...
18.892 Challenge to writ of execution.
(1) Except as provided in subsection (2) of this section, a judgment debtor may use a challenge to execution form only: (a) To claim such...
18.894 Notice of challenge to execution.
Without unreasonable delay, a court administrator who has received a challenge to execution under ORS 18.892 shall provide written notice of the challenge to all...
18.896 Challenge to execution form.
(1) The challenge to execution form described in this section does not expand or restrict the law relating to exempt property. A determination as to...
18.898 Hearing on challenge to execution.
(1) A challenge to execution shall be adjudicated in a summary manner at a hearing before the court with authority over the writ of execution....
18.899 Sanctions.
A court may impose sanctions against any person who files a challenge to execution in bad faith. The sanctions a court may impose under this...
18.900 [2001 c.249 §81; 2003 c.85 §23; 2003 c.578 §3; 2003 c.663 §3; 2005 c.336 §3; renumbered 18.854 in 2005]
18.901 Definition of residential property.
For the purposes of this section and ORS 18.904, 18.906, 18.908 and 18.912, �residential property� means any of the following property: (1) Real property on...
18.902 [2001 c.249 §§82,82a; 2002 s.s.3 c.7 §2; 2003 c.75 §22; renumbered 18.855 in 2005]
18.904 Order required for sale of residential property; exceptions.
(1) If the judgment debtor is a natural person, residential property may be sold under a writ of execution only after the entry of a...
18.905 [2001 c.249 §83; renumbered 18.857 in 2005]
18.906 Motion for order authorizing sale of residential property.
(1) A judgment creditor may file a motion with a court requesting an order authorizing the sheriff to sell residential property. The motion must be...
18.908 Notice of motion for order authorizing sale of residential property.
(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...
18.910 [Formerly 29.367; 2003 c.576 §572a; 2005 c.542 §67; 2005 c.702 §95; renumbered 18.999 in 2005]
18.912 Hearing on motion for order authorizing sale of residential property.
(1) Whether or not the judgment debtor appears at the hearing, the court shall inquire as to the facts alleged in a motion filed under...
18.918 Person entitled to written notice of sale.
(1) A judgment creditor must list in the instructions required by ORS 18.875 the names and addresses of all persons entitled to written notice of...
18.920 Notice of sale of personal property.
(1) Before conducting an execution sale of personal property, a sheriff shall give written notice of the sale in the manner provided by this section....
18.922 Expedited sale of perishable personal property; expedited sale to prevent loss of value.
(1) Notwithstanding ORS 18.920, if perishable personal property is levied on by a sheriff: (a) The notices required by ORS 18.920 (2) must be mailed...
18.924 Notice of sale of real property.
(1) Before conducting an execution sale of real property, a sheriff shall give written notice of the sale in the manner provided by this section....
18.926 Legal notices website; posting fee.
(1) Subject to the availability of funding, the State Court Administrator may establish and maintain a website for the purpose of giving legal notices pursuant...
18.930 Conduct of sale generally; county fee.
(1) The sheriff shall conduct an execution sale by public oral auction. The sale must be conducted between 9 a.m. and 4 p.m. All property...
18.932 Postponement of sale; rules.
(1) A sheriff may postpone an execution sale to a specified date if: (a) The sheriff is unable to conduct the sale at the place...
18.934 Amount of property to be sold; sheriff and deputies may not purchase.
At an execution sale, the sheriff shall sell only the property necessary to satisfy the judgment. A sheriff conducting an execution sale and deputies of...
18.936 Bid by judgment creditor.
(1) A judgment creditor may make oral bids for property to be sold at an execution sale. If the oral bid of the judgment creditor...
18.938 Manner of payment.
(1) Except as provided in this section, a sheriff shall accept as payment from a purchaser of real property at an execution sale a cashier�s...
18.940 Bill of sale for personal property.
(1) If a sheriff sells personal property at an execution sale, upon receipt of the purchase money the sheriff shall give a bill of sale...
18.942 Sheriff�s certificate of sale for real property.
(1) If a sheriff sells real property at an execution sale, the sheriff shall prepare a certificate of sale containing a particular description of the...
18.944 Notice of completed sale.
(1) After the execution sale of any residential property as defined in ORS 18.901 that is subject to redemption and not later than 30 days...
18.946 Possession after sale; right to rents or value of use.
(1) Subject to subsection (2) of this section, the purchaser of real property at an execution sale is entitled to possession of the property from...
18.948 Confirmation of sale of real property.
(1) A sale of real property in an execution sale is conclusively established to have been conducted in the manner required by ORS 18.860 to...
18.950 Delivery and distribution of proceeds.
(1) After the deduction of all sheriff�s fees and costs allowed by law that have not been paid by the judgment creditor, and deduction of...
18.952 Effect of sale on judgment debtor�s or mortgagor�s title; effect of redemption by judgment debtor or mortgagor.
(1) The title of a judgment debtor or mortgagor to real property that is subject to redemption under ORS 18.960 to 18.985 is not transferred...
18.954 Conduct of sale pursuant to court rule or terms of order or judgment.
A court, by the terms of a judgment or order, may direct that an execution sale under a specific judgment be conducted in a manner...
18.960 Definitions.
As used in ORS 18.960 to 18.985: (1) �Certificate holder� means a person who holds a certificate of sale issued under ORS 18.942 or who...
18.962 Property that may be redeemed.
(1) All real property sold at an execution sale may be redeemed except for a leasehold interest with an unexpired term of less than two...
18.963 Who may redeem.
(1) Subject to subsection (3) of this section, property that is described in ORS 18.962 and that is sold at an execution sale may be...
18.964 Time for redemption.
(1) Except as otherwise provided in ORS 18.960 to 18.985, the ability of a judgment debtor to redeem property sold at an execution sale expires...
18.966 Redemption amount payable to purchaser.
Subject to ORS 18.968, a claimant may redeem property from the purchaser at an execution sale by paying to the sheriff: (1) The amount paid...
18.967 Redemption amount payable to redemptioner.
Subject to ORS 18.968, a claimant may redeem property from a redemptioner by paying to the sheriff: (1) The amount paid by the redemptioner, with...
18.968 Setoff for rents, income and profits realized by certificate holder; certificate holder�s lien for crops and amounts expended to prevent waste.
(1) A judgment debtor is entitled to a setoff against the amounts required to redeem property sold at an execution sale for all rents, income...
18.970 Redemption notice.
(1) A claimant who wishes to redeem property must serve the certificate holder with a redemption notice. The notice must specify a date and approximate...
18.971 Objection to redemption notice.
(1) A certificate holder may object to a redemption notice if the certificate holder asserts that the claimant is not eligible to redeem. An objection...
18.972 Response to redemption notice.
(1) A certificate holder shall respond to a redemption notice if: (a) The notice requests an accounting under ORS 18.980; or (b) The certificate holder...
18.973 Objection to response.
(1) A claimant may object to the amount claimed in the response as the proper redemption amount. An objection under this section must be filed...
18.975 Payment of redemption amount.
(1) Except as provided in ORS 18.980 (2) and (4), unless a certificate holder has indicated a lower redemption amount in the certificate holder�s response...
18.978 Court proceedings on objections.
(1) If an objection is filed under ORS 18.971 or 18.973, the sheriff shall transmit to the court administrator copies of all records relating to...
18.980 Accounting.
(1) A judgment debtor may require that a certificate holder provide an accounting under this section by including a request for an accounting in the...
18.981 Manner of payment.
(1) Except as provided in this section, a sheriff shall accept as payment from a claimant a cashier�s check or cash. Except as provided in...
18.982 Redemptioner must provide sheriff with address.
A redemptioner must provide the sheriff with an address to which a redemption notice may be sent and must notify the sheriff of any change...
18.983 Court may restrain waste.
Upon motion of a claimant, or a certificate holder who is not in possession of the property, the court may restrain waste of the real...
18.985 Sheriff�s deed.
(1) Unless the property is redeemed by the judgment debtor, upon request of the certificate holder and payment of the fee required by ORS 21.410...
18.986 Manufactured dwellings and floating homes.
(1) Except as provided in subsection (2) of this section, a manufactured dwelling or floating home must be levied on and sold in the same...
18.987 Purchaser�s interest in land sale contract; leasehold interest in land with unexpired term of more than two years.
(1) Except as provided in this section, a purchaser�s interest in a land sale contract, as defined by ORS 18.960, or a leasehold interest in...
18.988 Seller�s right to receive payments under land sale contract.
(1) Except as provided by this section, the right of a seller to receive payments under a land sale contract, as defined by ORS 18.960:...
18.989 Equitable interests in property.
(1) Except as provided in subsection (3) of this section, an equitable interest in property may be sold pursuant to a writ of execution only...
18.992 Referral of disputes to court.
If at any time a judgment debtor, judgment creditor, purchaser or lien claimant objects to the performance by a sheriff of any duty imposed on...
18.993 Effect of ORS 18.860 to 18.993 on court�s ability to direct seizure.
Nothing in ORS 18.860 to 18.993 affects the ability of a court to direct seizure of property under ORS 18.268 (2). [2005 c.542 §54]
18.999 Recovery of expenses incurred in enforcing judgment and certain other monetary obligations.
This section establishes the right of a plaintiff to recover certain moneys the plaintiff has expended to recover a debt under ORS 18.854 or to...

Last modified: August 7, 2008