63 sections in this chapter.
ORS 24.010 [1955 c.647 §1; repealed by 1979 c.577 §8]
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[Repealed or reserved.]
ORS 24.020 [1955 c.647 §2; repealed by 1979 c.577 §8]
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[Repealed or reserved.]
ORS 24.030 [1955 c.647 §3; repealed by 1979 c.577 §8]
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[Repealed or reserved.]
ORS 24.040 [1955 c.647 §4; repealed by 1979 c.577 §8]
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[Repealed or reserved.]
ORS 24.050 [1955 c.647 §5; repealed by 1979 c.577 §8]
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[Repealed or reserved.]
ORS 24.060 [1955 c.647 §6; repealed by 1979 c.577 §8]
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[Repealed or reserved.]
ORS 24.070 [1955 c.647 §7; repealed by 1979 c.577 §8]
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[Repealed or reserved.]
ORS 24.080 [1955 c.647 §8; repealed by 1979 c.577 §8]
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[Repealed or reserved.]
ORS 24.090 [1955 c.647 §9; repealed by 1979 c.577 §8]
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[Repealed or reserved.]
ORS 24.100 [1955 c.647 §10; repealed by 1979 c.577 §8]
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UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT
ORS 24.105 Definition for ORS 24.105 to 24.125, 24.135 and 24.155 to 24.175. In ORS 24.105 to 24.125, 24.135 and 24.155 to 24.175, “foreign judgment” means
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(1) Any judgment, decree or order of a court of the United States or of any other court which is entitled to full faith and credit in this state; and (2) Any judgment, decree or order of a tribal court of a federally recognized Indian tribe, except when another Oregon statute pro…
ORS 24.110 [1955 c.647 §11; repealed by 1979 c.577 §8]
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[Repealed or reserved.]
ORS 24.115 Filing of foreign judgment; fees; effect. (1) A copy of any foreign judgment authenticated in accordance with the Act of Congress or the statutes of this state may be filed in the office of the clerk of any circuit court of any county of this state. Except as otherwise provided by law, the person filing the copy of the foreign judgment must pay a filing fee of $190. The clerk shall treat the foreign judgment in the same manner as a judgment of the circuit court
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(2) A certified copy of any foreign judgment authenticated in accordance with the Act of Congress or the statutes of this state shall be recorded in the County Clerk Lien Record of any county other than the county in which the judgment is originally filed, in order to become a li…
ORS 24.120 [1955 c.647 §12; repealed by 1979 c.577 §8]
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[Repealed or reserved.]
ORS 24.125 Notice of filing of judgment; delay in enforcement. (1) At the time of the filing of the foreign judgment, the judgment creditor or the creditor’s lawyer shall make and file with the clerk of the court an affidavit or declaration under penalty of perjury in the form required by ORCP 1 E setting forth the names and last-known post-office addresses of the judgment debtor and the judgment creditor, together with the information required to be contained in a judgment under ORS 18.042
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(2) Promptly after filing the foreign judgment and the affidavit or declaration, the judgment creditor must mail notice of the filing of the foreign judgment to the judgment debtor. The notice shall include the name and post-office address of the judgment creditor and the judgmen…
ORS 24.129 Certification of filing in single court; filing of certified copy or lien record abstract for other counties. At the time of filing of any foreign judgment as provided in ORS 24.115, the judgment creditor shall certify that the judgment creditor is filing such judgment in only one court in Oregon. Thereafter, a certified copy of the judgment or a lien record abstract may be recorded in the County Clerk Lien Record of any other county in this state as provided in ORS 18.152. [1985 c.343 §9; 1987 c.586 §15; 2003 c.576 §574]
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[Repealed or reserved.]
ORS 24.130 [1955 c.647 §13; repealed by 1979 c.577 §8]
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[Repealed or reserved.]
ORS 24.135 Grounds for staying enforcement of judgment; security for satisfaction of judgment; fees. (1) If the judgment debtor shows the court of any county that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered
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(2) If the judgment debtor shows the court of any county any ground upon which enforcement of a judgment of any court of any county of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security …
ORS 24.140 Interest and costs. When a registered foreign judgment becomes a final judgment of this state, the court shall include as part of the judgment interest payable on the foreign judgment under the law of the state in which it was rendered, and the cost of obtaining the authenticated copy of the original judgment. The court shall include as part of its judgment court costs incidental to the proceeding in accordance with the law of this state and the costs of recording documents as permitted by statute. [1955 c.647 §14; 1987 c.586 §16]
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[Repealed or reserved.]
ORS 24.150 Satisfaction of judgment; filing. Satisfaction, either partial or complete, of the original judgment or of a judgment entered thereupon in any other state shall operate to the same extent as satisfaction of the judgment in this state, except as to costs authorized by ORS 24.140. When such judgment in this state has been satisfied, including costs authorized by ORS 24.140, it shall be the responsibility of the judgment creditor to provide an executed satisfaction to this judgment debtor. The judgment debtor may file the satisfaction in the records of the court in which the judgment was originally filed in this state, and may record the satisfaction in every county in this state in which a certified copy of the judgment or a lien record abstract has been recorded. [1955 c.647 §15; 1985 c.343 §7; 1987 c.586 §17]
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[Repealed or reserved.]
ORS 24.155 Optional procedure. The right of a judgment creditor to bring an action to enforce the judgment instead of proceeding under ORS 24.105 to 24.125, 24.135 and 24.155 to 24.175 remains unimpaired. [1979 c.577 §5]
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[Repealed or reserved.]
ORS 24.160 [1955 c.647 §16; repealed by 1979 c.577 §8]
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[Repealed or reserved.]
ORS 24.165 Construction of ORS 24.105 to 24.125, 24.135 and 24.155 to 24.175. ORS 24.105 to 24.125, 24.135 and 24.155 to 24.175 shall be interpreted and construed in order to effectuate its general purpose to make uniform the law of those states which enact it. [1979 c.577 §6]
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[Repealed or reserved.]
ORS 24.170 [1955 c.647 §17; repealed by 1979 c.577 §8]
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[Repealed or reserved.]
ORS 24.175 Short title. ORS 24.105 to 24.125, 24.135 and 24.155 to 24.175 may be cited as the Uniform Enforcement of Foreign Judgments Act. [1979 c.577 §7]
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[Repealed or reserved.]
ORS 24.180 [1955 c.647 §18; repealed by 1979 c.577 §8]
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[Repealed or reserved.]
ORS 24.185 [1991 c.222 §1; 1993 c.188 §9; 1997 c.863 §1; repealed by 1999 c.250 §5]
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FOREIGN RESTRAINING ORDERS
ORS 24.190 Foreign restraining orders. (1) For the purposes of this section
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(a) “Foreign restraining order” means a restraining order that is a foreign judgment as defined by ORS 24.105. (b)(A) “Restraining order” means an injunction or other order issued for the purpose of preventing: (i) Violent or threatening acts or harassment against another person;…
ORS 24.200 [1977 c.61 §1; 1991 c.67 §3; repealed by 2009 c.48 §14]
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[Repealed or reserved.]
ORS 24.210 [1977 c.61 §7; repealed by 2009 c.48 §14]
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[Repealed or reserved.]
ORS 24.220 [1977 c.61 §§2,3,4; 2003 c.281 §2; repealed by 2009 c.48 §14]
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[Repealed or reserved.]
ORS 24.230 [1977 c.61 §6; repealed by 2009 c.48 §14]
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[Repealed or reserved.]
ORS 24.240 [1977 c.61 §5; repealed by 2009 c.48 §14]
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[Repealed or reserved.]
ORS 24.250 [1977 c.61 §8; repealed by 2009 c.48 §14]
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[Repealed or reserved.]
ORS 24.255 [1977 c.61 §9; repealed by 2009 c.48 §14]
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UNIFORM FOREIGN-MONEY CLAIMS ACT
ORS 24.260 Definitions for ORS 24.260 to 24.335. For the purposes of ORS 24.260 to 24.335
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(1) “Action” means a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim. (2) “Bank-offered spot rate” means the spot rate of exchange at which a bank will sell foreign money at a spot rate. (3) “Conversi…
ORS 24.265 Scope of application of ORS 24.260 to 24.335. (1) ORS 24.260 to 24.335 apply only to a foreign-money claim in an action or distribution proceeding
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(2) ORS 24.260 to 24.335 apply to foreign-money issues even if other law under the conflict of laws rules of this state applies to other issues in the action or distribution proceeding. [1991 c.202 §3]
ORS 24.270 Variation of application by agreement. (1) The effect of ORS 24.260 to 24.335 may be varied by agreement of the parties made before or after commencement of an action or distribution proceeding or the entry of judgment. The right of the parties to vary the effect of ORS 24.260 to 24.335 includes, but is not limited to, the selection of the date and time for conversion or of a specified rate of exchange to be applied to a particular transaction or a portion thereof and, after the entry of judgment, any agreement as to how the judgment is to be satisfied
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(2) Parties to a transaction may agree upon the money to be used in a transaction giving rise to a foreign-money claim and may agree to use different moneys for different aspects of the transaction. Stating the price in a foreign money for one aspect of a transaction does not alo…
ORS 24.275 Determining proper money of the claim. (1) The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim for payment
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(2) If the parties to a transaction have not otherwise agreed, the money of the claim, as in each case may be appropriate, is the money: (a) Regularly used between the parties as a matter of usage or course of dealing; (b) Used at the time of a transaction in international trade,…
ORS 24.280 Determining amount of money of certain contract claims. (1) If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date
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(2) If an amount contracted to be paid in a foreign money is to be measured by a different money at the rate of exchange prevailing on a date before default, that rate of exchange applies only to payments made within a reasonable time after default, not exceeding 30 days. Thereaf…
ORS 24.285 Asserting and defending foreign-money claim. (1) A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant makes the claim in United States dollars
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(2) An opposing party may allege and prove that a claim, in whole or in part, is in a different money than that asserted by the claimant. (3) A person may assert a defense, setoff, recoupment or counterclaim in any money without regard to the money of other claims. (4) The determ…
ORS 24.290 Judgments and awards on foreign-money claims; times of money conversion; form of judgment; post-judgment enforcement. (1) Except as provided in subsection (3) of this section, a judgment or award on a foreign-money claim must be stated in an amount of the money of the claim
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(2) A judgment or award on a foreign-money claim is payable in that foreign money or, at the option of the debtor, in the amount of United States dollars which will purchase that foreign money on the conversion date at a bank-offered spot rate, except that any payment made throug…
ORS 24.295 Conversions of foreign money in distribution proceeding. The rate of exchange prevailing at or near the close of business on the day the distribution proceeding is initiated governs all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a distribution proceeding shall assert its claim in the named foreign money and show the amount of United States dollars resulting from a conversion as of the date the proceeding was initiated. [1991 c.202 §9]
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[Repealed or reserved.]
ORS 24.300 Prejudgment and judgment interest. (1) With respect to a foreign-money claim, recovery of prejudgment or preaward interest and the rate of interest to be applied in the action or distribution proceeding, except as provided in subsection (2) of this section, are matters of the substantive law governing the right to recovery under the conflict of laws rules of this state
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(2) The court or arbitrator shall increase or decrease the amount of prejudgment or preaward interest otherwise payable in a judgment or award in foreign money to the extent required by the law of this state governing a failure to make or accept an offer of settlement or offer of…
ORS 24.305 Enforcement of foreign judgments. (1) If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this state as enforceable, the enforcing judgment must be entered as provided in ORS 24.290, whether or not the foreign judgment confers an option to pay in an equivalent amount of United States dollars
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(2) A foreign judgment may be entered in the register in accordance with any rule or statute of this state providing a procedure for its recognition and enforcement. (3) A satisfaction or partial payment made upon the foreign judgment, on proof thereof, shall operate to the same …
ORS 24.310 Determining United States dollar value of foreign-money claims for limited purposes. (1) Computations under this section are for the limited purposes of the section and do not affect computation of the United States dollar equivalent of the money of the judgment for the purpose of payment
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(2) For the limited purpose of facilitating the enforcement of provisional remedies in an action, the value in United States dollars of assets to be seized or restrained pursuant to a writ of attachment, garnishment, execution or other legal process, the amount of the United Stat…
ORS 24.315 Effect of currency substitution. (1) If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurred in the new money at the rate of conversion the issuing country establishes for the payment of like obligations or losses denominated in the former money
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(2) If substitution under subsection (1) of this section occurs after a judgment or award is entered on a foreign-money claim, the court or arbitrator shall amend, upon the motion of any party, the judgment or award by a like conversion of the former money. [1991 c.202 §13]
ORS 24.320 Supplementary general principles of law. Unless displaced by particular provisions of ORS 24.260 to 24.335, the principles of law and equity, including the law merchant, and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy or other validating or invalidating causes supplement its provisions. [1991 c.202 §14]
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[Repealed or reserved.]
ORS 24.325 Uniformity of application and construction. ORS 24.260 to 24.335 shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of ORS 24.260 to 24.335 among states enacting it. [1991 c.202 §15]
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[Repealed or reserved.]
ORS 24.330 Severability. If any provision of ORS 24.260 to 24.335 or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of ORS 24.260 to 24.335 which can be given effect without the invalid provision or application, and to this end the provisions of ORS 24.260 to 24.335 are severable. [1991 c.202 §17]
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[Repealed or reserved.]