Chapter 18 — Chapter 18

ORS 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 a writ of execution for any judgment that includes a money award or that requires the delivery or sale of specific real or personal property. Except as provided by ORS 18.255 and 18.867, writs of execution may be issued only by the court administrator for the court in which the judgment was entered

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ORS 18.867 Issuance of writs for certain judgments awarding child support. (1) If child support services are being provided under ORS 25.080, the administrator as defined in ORS 25.010 may issue a writ of execution for the support award portion of the judgment for which child support services are being provided. A copy of the writ of execution must be filed with the circuit court of the county in which the judgment was entered or recorded. A writ of execution issued under this section must be executed by the sheriff in the same manner as a writ issued by the court administrator

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ORS 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 to the court for application against amounts owing on a money award, the writ may be issued to the sheriff of any county in this state where property of the judgment debtor to be levied on is located

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ORS 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 be true by the court administrator or an abstract of the writ in the County Clerk Lien Record for the county if the writ of execution or the accompanying instructions to the sheriff require the sale of real property. A legal description and a street address, if any, of the real property must be included in, or attached to, the copy of the writ or the abstract. The recording of the writ or abstract in any county in which a judgment lien does not exist under ORS 18.150 or 18.152, or in a county in which a notice of pendency under ORS 93.740 has not been previously recorded for the property to be sold, has the same effect as recording a notice of pendency under ORS 93.740. [2005 c.542 §5; 2011 c.429 §2]

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ORS 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. The person that requested issuance of the writ may authorize the sheriff to continue execution under the writ and delay making a return on the writ to a date not later than 150 days after the sheriff receives the writ as long as the execution sale occurs no later than 150 days after the sheriff receives the writ. The final date for return on the writ may be extended as provided in ORS 18.932 and 18.938. For good cause shown, the court that issued the writ may extend the time for a return on the writ beyond the time provided by this subsection

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ORS 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 the judgment creditor’s attorney. The instructions may be delivered to the sheriff after the writ is delivered to the sheriff. The instructions must include

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ORS 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. The sheriff shall then levy on property pursuant to the writ of execution and the instructions provided to the sheriff under ORS 18.875 by doing all of the following

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ORS 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 judgment debtor

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ORS 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 ORS 18.880 and the person

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ORS 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 property unless the sheriff is provided with an order entered under subsection (3) of this section. The notice shall identify the nature of the property to be sold

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ORS 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 letter of credit indemnifying the sheriff against any loss to the sheriff by reason of levying on or selling the property if

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ORS 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 by the court under this section

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ORS 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 is issued pursuant to an in rem judgment against personal property, the sheriff shall mail or deliver a copy of the writ to the person from whom the property was seized. If the writ is issued pursuant to an in rem judgment against real property, the sheriff shall mail or deliver a copy of the writ to the occupants of the property. The sheriff shall mail the copy of the writ to the addresses included in the instructions to the sheriff. If the judgment creditor has not provided an address for a person, the sheriff need not mail a copy of the writ to the person

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ORS 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 the property under ORS 18.880 for later sale, the sheriff may permit the judgment debtor to retain custody and use of all or part of the property until the sale is made if the judgment debtor files with the sheriff a good and sufficient bond or irrevocable letter of credit indemnifying the sheriff against any loss to the sheriff by reason of failure of the judgment debtor to deliver the property at the time and place of sale. The bond or irrevocable letter of credit must be in an amount equal to twice the value of the property, as estimated by the sheriff. A sheriff is not discharged from liability to the judgment creditor for property by reason of the filing of a bond or letter of credit under this section. [2005 c.542 §14]

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ORS 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

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ORS 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 sheriffs for counties to which writs of execution have been issued and no return made, and to the person that requested issuance of the writ. The notice may include the notice of hearing required by ORS 18.898. [Formerly 18.508]

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ORS 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 whether property is exempt from attachment or execution must be made by reference to other law. The form provided in this section may be modified to provide more information or to update the notice based on subsequent changes in exemption laws

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ORS 18.897 Challenge to execution form when debt arises out of support obligation or money award judgment that includes restitution. (1) If a judgment debtor’s debt arises out of a child support or spousal support obligation or a money award judgment that includes restitution, a challenge to execution form must be in substantially the form set forth in this section. The challenge to execution form described in this section does not expand or restrict the law relating to exempt property. A determination as to whether property is exempt from attachment or execution must be made by reference to other law. The form provided in this section may be modified to provide more information or to update the notice based on subsequent changes in exemption laws

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ORS 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. Upon receipt of a challenge to execution, the court administrator shall immediately set a hearing date and send notice of the hearing to the judgment debtor and the judgment creditor. The hearing shall be held as soon as possible. The sheriff may not sell any property that is described in the challenge to execution until the court has issued a decision on the challenge, and the time for making a return on the writ is suspended until the decision is made or the sale completed, whichever is later. The sheriff shall not delay sale if the judgment debtor has filed the challenge to execution in violation of ORS 18.892 (2)

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ORS 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 section are a penalty of not more than $100 and responsibility for attorney fees under ORS 20.105. [Formerly 18.518]

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ORS 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]

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ORS 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

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ORS 18.902 [2001 c.249 §§82,82a; 2002 s.s.3 c.7 §2; 2003 c.75 §22; renumbered 18.855 in 2005]

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ORS 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 court order authorizing the sale

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ORS 18.905 [2001 c.249 §83; renumbered 18.857 in 2005]

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ORS 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 filed with a court that has authority to issue a writ of execution for the judgment. The motion must include a statement that does all of the following

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ORS 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

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ORS 18.910 [Formerly 29.367; 2003 c.576 §572a; 2005 c.542 §67; 2005 c.702 §95; renumbered 18.999 in 2005]

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ORS 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 ORS 18.906 and make a summary determination on the motion

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ORS 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 the execution sale. For each person listed, the list must include the address last known to the judgment creditor. For all execution sales, the list must include

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ORS 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. The notice must identify the property to be sold and the time and place of the sale

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ORS 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

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ORS 18.924 Notice of sale of real property. (1) Before conducting an execution sale of real property, a sheriff shall

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ORS 18.926 Legal notices website; posting fee. (1) The elected sheriffs of this state shall establish and maintain a website where legal notices under ORS 18.860 to 18.993 may be posted. The sheriffs may enter into an intergovernmental agreement for establishing and maintaining the website

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ORS 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 shall be sold by the sheriff in such parcels as are likely to bring the highest price. Any portion of real property belonging to a person other than the judgment debtor must be sold separately if the person requests a separate sale

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ORS 18.932 Postponement of sale; rules. (1) A sheriff may postpone an execution sale to a specified date if

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ORS 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 the sheriff may not purchase property at the sale or acquire any interest in property by reason of the sale. [2005 c.542 §27]

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ORS 18.936 Bid by judgment creditor. (1) A judgment creditor that requested issuance of a writ of execution may make oral bids for property to be sold at an execution sale. If the oral bid of the judgment creditor is the highest bid, the judgment creditor need not make any payment to the sheriff other than for

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ORS 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 check or cash. Except as provided in this section, a sheriff shall accept any combination of cashier’s checks or cash that is adequate to pay the purchase price

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ORS 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 to the purchaser for any intangible property or other property not in the possession of the sheriff. The sheriff shall deliver personal property in the possession of the sheriff to the purchaser, but shall give the purchaser a bill of sale for that property only if the purchaser requests it

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ORS 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 property sold, the price bid for each distinct lot or parcel and the total amount paid. The certificate must state whether the property is subject to redemption. Except as provided in ORS 18.938 (3), the sheriff shall give the certificate to the purchaser

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ORS 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 after the purchaser is given the certificate of sale, the sheriff shall

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ORS 18.946 Possession after sale; right to rents or value of use. (1) Subject to subsection (2) of this section

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ORS 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 18.993 unless the judgment debtor or another person adversely affected by the sale files an objection to the sale no later than 10 days after the filing of the sheriff’s return under ORS 18.872

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ORS 18.950 Delivery and distribution of proceeds; satisfaction document. (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 all other amounts required by law, the sheriff shall deliver all net proceeds from an execution sale to the court administrator with the sheriff’s return on the writ. The court shall enter an order of distribution for the proceeds. An order directing distribution to the judgment creditor may be entered ex parte

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ORS 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 by the sale of the property at an execution sale. If a judgment debtor or mortgagor, or a successor in interest to a judgment debtor or mortgagor, redeems property sold at an execution sale, the right to possession of the property is restored subject to all liens of record, whether arising before, on or after the sale, as though the sale had never occurred

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ORS 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 different than the manner specified by ORS 18.860 to 18.993. The Chief Justice of the Supreme Court may by court rule provide that execution sales be conducted in a manner different than the manner specified by ORS 18.860 to 18.993. [2005 c.542 §37]

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ORS 18.960 Definitions. As used in ORS 18.960 to 18.985

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ORS 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 years

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ORS 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 redeemed by

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