Title 2, Procedure in Civil Proceedings

(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: (…

(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. (2) A judgment creditor may at any time file an ex parte motion requesting a court order directed to a…

(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…

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 p…

(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 exemptions under a writ of execution as are permitted by law; and (b) To assert that the amount specified in the writ of execution as being su…

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 requeste…

(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 m…

(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…

(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 …

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]

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 which no more than four units designed to be used as dwellings are located. (2) A condominium unit that is designed to be u…

(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. (2) This section does not apply to writs of execution that direct the sheriff to sell specific property pursuant …

(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 a…

(1) At least 10 days before the hearing on a motion filed under ORS 18.906, the judgment creditor must: (a) Serve the judgment debtor in the manner provided by ORCP 7 with a copy of the motion and the supporting affidavit, and with a notice of the time and place of the hearing; a…

(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. (2) The court shall authorize sale of the property pursuant to a motion filed under OR…

(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 s…

(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. (2) Before any execution sale of personal pro…

(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 by express mail not less than 48 hours before the execution sale is conducted; and (b) The sheriff shall post notice of the sale in…

(1) Before conducting an execution sale of real property, a sheriff shall: (a) Post notice of the sale on the website established under ORS 18.926 for at least 28 days; and (b) Publish notice of the sale in a newspaper, as defined in ORS 193.010, in the county where the real prop…

(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. (2) An intergovernmental agreement …

(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 othe…

(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 and time specified in the notice of the sale; (b) The sheriff considers it appropriate to postpone the sale for want of purchasers; or (c) For other suf…

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]

(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: (a) …

(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 p…

(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…

(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 pro…

(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: (a) Securely attach to the main entrance of any dwelling unit upon t…

(1) Subject to subsection (2) of this section: (a) The purchaser of real property at an execution sale is entitled to possession of the property from the date of sale until a redemption of the property, if any. (b) The redemptioner of real property is entitled to possession of th…

(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 afte…

(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 sheri…

(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 mor…

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…

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 holds a certificate of redemption issued under ORS 18.975. (2) “Claimant” means a person who claims to have a right to redeem under ORS 18.960 t…

(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. (2) A manufactured dwelling, as defined by ORS 446.003, may be redeemed only if the manufactured dwelling is sold together with the real …

(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: (a) The judgment debtor; (b) A mortgagor whose interest in the property was sold at the execution sale; (c) Any person with a lien aga…

(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 unless the judgment debtor redeems the property within 180 days after the date of sale. (2) Except as provided in subsection (3) of this…

(1) If a person purchases residential real property after a complaint has been filed to foreclose a lien on the real property and before the end of the redemption period provided under ORS 18.964, the purchaser shall provide the following notice in clear and conspicuous type, 14-…

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 by the purchaser at the execution sale, with interest at the rate of nine percent per annum from the date of sale; (2) The amount of any tax…

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 interest at the rate of nine percent per annum from the date of payment; (2) The amount owing on the lien of the redemptioner, unless …

(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 and profits realized by the certificate holder from the property. (2) If the real property sold at an execution sale is farmland, the cert…

(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 time when the claimant will make payment to the sheriff, the redemption amount calculated by the claimant and the manner in whic…

(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 under this section must be filed with the court administrator, filed with the sheriff and mailed by first class mail to the claim…

(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 objects to the redemption amount specified in the notice. (2) A response to a redemption notice must be served by personal servi…

(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 with the court administrator and mailed by first class mail to the certificate holder within seven days after the response is served unde…

(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 under ORS 18.972, a claimant shall pay the sheriff at least the redemption amount specified in the notice on or before the pa…

(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 the sale that are within the sheriff’s possession. (2) The court shall schedule a hearing on an objection filed under ORS 18.971 or 18.…

(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 redemption notice. If a redemption notice includes a request for an accounting, the certificate holder shall attach an accounting t…

(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 this section, a sheriff shall accept any combination of cashier’s checks or cash that is adequate to pay the redemption amount. (2) A sheriff…

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 in address until the redemptioner transfers the redemptioner’s interest in the property, the property is redeemed or the expiration of the ti…