11 chapters · 600 sections in this title.
ORS 18.005 Definitions
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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 award means a money award or agency order that requires the payment of child support and that is entered under ORS 108.010 to 108.550, 416…
ORS 18.015 Statutory references to decrees and judgments
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(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) References in the statutes of this state to judgments of other states include decrees of other states, and references in the s…
ORS 18.025 Courts subject to chapter
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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 performing judicial functions. [2003 c.576 §2] GENERAL PROVISIONS RELATING TO JUDGMENTS
ORS 18.028 Authority of Chief Justice
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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 by other legal authority be decided by judgment; and (2) Authorize or require the use of a limited or supplemental judgment for specified…
ORS 18.029 Effect of chapter on use of judgment
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The provisions of this chapter do not impose any requirement that a court use a judgment for the courts concluding decision on a request for relief if a legal authority allows or requires that the court decide the request for relief by order or other means. [2005 c.568 §6] Note:…
ORS 18.031 Contents of supplemental judgments
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Except as provided in ORS 25.529 (5), a supplemental judgment may only contain provisions that were not included in the general judgment. [2009 c.484 §7; 2013 c.183 §4] FORM OF JUDGMENT DOCUMENT
ORS 18.035 Preparation of judgment document
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(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 a party to prepare a proposed judgment document, the prevailing party shall prepare a proposed judgment document. If more than one party has …
ORS 18.038 Form of judgment document generally
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(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 limited judgment, a general judgment or a supplemental judgment. This subsection does not apply to: (a) Justice courts, municipal courts and …
ORS 18.042 Judgment in civil action that includes money award
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(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 money award. Any judgment in a civil action that includes a money award, but does not contain a separate section clearly labeled as a money …
ORS 18.048 Judgment in criminal action that contains money award
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(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, restitution, forfeiture of security under ORS 135.280, a fee, an assessment, costs and disbursements or any other monetary obligation, must…
ORS 18.049 Adjustments to money awards
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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 on behalf of the judgment debtor against the money award and shall be increased by interest accruing on the money award. In addition, the judgment cr…
ORS 18.052 Duty of judge with respect to form of judgment document
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(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 document unless the court administrator is authorized by law to sign the judgment document. Before signing a judgment docu…
ORS 18.058 Duty of court administrator with respect to form of judgment document
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(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 if the judgment document is signed by a judge of the court, or by the court administrator if the court administrator is authorized …
ORS 18.062 Use of electronic judgment forms
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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 forms pursuant to rules adopted under ORS 1.002 (2). [2005 c.568 §41]
ORS 18.075 Entry of judgments in circuit courts generally
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(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 court administrator. (2) Subject to ORS 18.058 (2), when a judge files a judgment document with the court administrator, the court administ…
ORS 18.078 Notice of entry of judgment in circuit court civil action
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(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 described in subsection (2) of this section to the attorneys of record for each party that is not in default for failure to appear. I…
ORS 18.082 Effect of entry of judgment
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(1) Upon entry of a judgment, the judgment: (a) Becomes the exclusive statement of the courts decision in the case and governs the rights and obligations of the parties that are subject to the judgment; (b) May be enforced in the manner provided by law; (c) May be appealed in th…
ORS 18.107 Corrections to civil judgments
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(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 signing a corrected judgment document and filing the document with the court administrator. The title of the judgment document must reflect that t…
ORS 18.112 Correction of designation of judgment as general judgment
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(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 general judgment to a limited judgment if the moving party establishes that: (a) Except by operation of ORS 18.082 (3), the judgment does not …
ORS 18.150 Judgment liens in circuit courts
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(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 18.048 (1), the court administrator shall note in the register of a circuit court that the judgment creates a judgment lien unless: (a) The …
ORS 18.152 Establishing judgment liens in other counties
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(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 for the judgment, a judgment creditor may create a judgment lien for the judgment in any other county of this state by recording the judgme…
ORS 18.154 Appeal; motion to eliminate lien
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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 grant a motion under this section if the judgment debtor files a supersedeas undertaking, as defined in ORS 19.005, and provides such additi…
ORS 18.158 Judgment lien based on judgment for child support or spousal support entered in another state
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(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 satisfaction of that judgment under the other states law, a judgment creditor under the judgment may record a certified copy of the…
ORS 18.162 Judgment lien based on justice and municipal court judgments; satisfaction filing fee
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(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 or recorded as provided in ORS 52.635 or 221.351, the judgment creates a judgment lien as described in ORS 18.152. (2) The judgment lien o…
ORS 18.165 Priority of judgment lien over unrecorded conveyance
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(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 memorandum of a conveyance, of real property of the debtor is recorded in that county, the conveyance of the judgment debtors interest is void as ag…
ORS 18.170 Form for lien record abstract; rules
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(1) Unless otherwise prescribed by law, a person recording a lien record abstract shall use substantially the following form: ______________________________________________________________________________ LIEN RECORD ABSTRACT The undersigned states: A. Creditor/Prevailing Party I…
ORS 18.180 Expiration of judgment remedies in circuit court
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(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 of a support award under ORS 18.150 (3) or 18.152 (3), a support arrearage lien attaching to real property under the judgment lien expi…
ORS 18.182 Extension of judgment remedies
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(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 shall enter the certificate in the register of the court and in the judgment lien record. Except as provided in ORS 18.180 to …
ORS 18.185 Extension of judgment lien of spousal support award
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(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 of extension under ORS 18.182 at any time more than 15 years after the entry of the judgment that first establishes the support obligation a…
ORS 18.190 Spousal support awards in judgments entered before January 1, 2004
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(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 that arise under the judgment, expires 10 years after the entry of the judgment that first establishes the support obligatio…
ORS 18.194 Expiration and extension of judgment remedies for justice and municipal court judgments
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(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 as provided in this section, judgment remedies for a judgment in a civil action in a justice or municipal court expire 10 year…
ORS 18.200 Release of lien
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(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 property to which a judgment lien has attached. The release of lien document may be for all real property in a county or for a single piece of real …
ORS 18.202 Reinstatement of lien
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(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 under ORS 18.200, the administrator may reinstate the lien by recording a notice of reinstatement in the County Clerk Lien Rec…
ORS 18.205 Assignment of judgment
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(1) A judgment creditor may assign all or part of the creditors rights under a judgment. An assignment of judgment document must be signed by the judgment creditor, by the judgment creditors agent or by an attorney who represents the judgment creditor. Signature by the judgment…
ORS 18.225 Satisfaction of money awards generally
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(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 award has been partially or fully satisfied. A satisfaction document must be signed by the judgment creditor or by an attorney who repre…
ORS 18.228 Satisfaction of support awards payable to Department of Justice
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(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 the manner provided by this section. The department may provide judgment creditors with forms and instructions for satisfaction of suppor…
ORS 18.232 Alternate method for satisfaction of support awards payable to Department of Justice
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(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 affid…
ORS 18.235 Motion to satisfy money award
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(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 order declaring that a money award has been satisfied or for a determination of the amount necessary to satisfy the money award, when the person ma…
ORS 18.238 Proceedings after discharge in bankruptcy
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(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 any time been rendered against the person, either before or after such discharge, a motion in the suit, action or proceeding for the discharge…
ORS 18.242 Contribution among judgment debtors; subrogation of surety
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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 property of one of them, or one of them pays, without a sale, more than that persons proportion, that person may compel contribution fr…
ORS 18.245 Jurisdictional requirements
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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 for the judgment must be plainly titled as a judgment as required by ORS 18.038 (1). (2) The judgment document for the …
ORS 18.252 Execution
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(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 the judgment. The ability to enforce a judgment by execution expires as provided in ORS 18.180 to 18.190. (2) Any portion of a money award that …
ORS 18.255 Enforcement of judgment by circuit court for county where debtor resides
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(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 transcript of the original judgment is filed with the court. The circuit court for the county where a judgment debtor resides may issue …
ORS 18.265 Debtor examination
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(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 the court or a referee appointed by the court at the time and place specified in the order, and requiring the judgment debtor to answer …
ORS 18.268 Conduct of debtor examination; seizure of property
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(1) A judgment debtor may be examined on oath concerning the judgment debtors property in a debtors examination. Upon request by the judgment creditor, the proceedings shall be reduced to writing and filed with the court administrator. The judgment creditor and judgment debtor …
ORS 18.270 Written interrogatories
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(1) At any time after a judgment is entered, a judgment creditor may serve written interrogatories relating to the judgment debtors property and financial affairs on a judgment debtor. The interrogatories may be personally served in the manner provided for summons or may be serv…
ORS 18.300 Resident entitled to use federal exemptions or state exemptions in bankruptcy
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(1) For purposes of a bankruptcy petition, a resident of this state may use the federal exemptions provided in section 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. 522(d)) or the exemptions given to residents of this state under state law, but may not use both. (2)(a) If a re…
ORS 18.305 Property not exempt from execution for purchase price
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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 exchange therefor, shall be exempt from execution issued on a judgment recovered for its price. [Formerly 23.220]
ORS 18.312 Execution not to issue against property of deceased party; exception
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(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 …
ORS 18.318 Execution against property in possession or control of public officer or agency
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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 or other political subdivision therein, or any board, institution, commission, or officer of the same, belonging or owed to any perso…