(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 25.501 to 25.556, 108.010 to 108.550, 416.310 to 416.340, 416.510 to 416.990 or 419B.400 or ORS chapter 25, 107, 109 or 110.
(3) "Civil action" means any action that is not a criminal action.
(4) "Court administrator" means a trial court administrator in a circuit court that has a trial court administrator and the clerk of the court in all other courts.
(5) "Criminal action" has the meaning given in ORS 131.005.
(6) "Execution" means enforcement of the money award portion of a judgment or enforcement of a judgment requiring delivery of the possession or sale of specific real or personal property, by means of writs of execution, writs of garnishment and other statutory or common law writs or remedies that may be available under the law.
(7) "General judgment" means the judgment entered by a court that decides all requests for relief in the action except:
(a) A request for relief previously decided by a limited judgment; and
(b) A request for relief that may be decided by a supplemental judgment.
(8) "Judgment" means the concluding decision of a court on one or more requests for relief in one or more actions, as reflected in a judgment document.
(9) "Judgment document" means a writing in the form provided by ORS 18.038 that incorporates a court’s judgment.
(10) "Judgment lien" means:
(a) The effect of a judgment on real property as described in ORS 18.150 (2) and (3) for the county in which the judgment is entered, and as described in ORS 18.152 (2) and (3) for a county in which the judgment is recorded under ORS 18.152; and
(b) A support arrearage lien attaching to real property under ORS 18.150 (3) or 18.152 (3).
(11) "Judgment remedy" means:
(a) The ability of a judgment creditor to enforce a judgment through execution; and
(b) Any judgment lien arising under ORS 18.150 or 18.152.
(12) "Legal authority" means:
(a) A statute;
(b) An Oregon Rule of Civil Procedure;
(c) A rule or order of the Chief Justice of the Supreme Court adopted under ORS 18.028; and
(d) All controlling appellate court decisions in effect December 31, 2003.
(13) "Limited judgment" means:
(a) A judgment entered under ORCP 67 B or 67 G;
(b) A judgment entered before the conclusion of an action in a circuit court for the partition of real property, defining the rights of the parties to the action and directing sale or partition;
(c) An interlocutory judgment foreclosing an interest in real property; and
(d) A judgment rendered before entry of a general judgment in an action that disposes of at least one but fewer than all requests for relief in the action and that is rendered pursuant to a legal authority that specifically authorizes that disposition by limited judgment.
(14) "Money award" means a judgment or portion of a judgment that requires the payment of money.
(15) "Person" includes a public body as defined in ORS 174.109.
(16) "Request for relief" means a claim, a charge in a criminal action or any other request for a determination of the rights and liabilities of one or more parties in an action that a legal authority allows the court to decide by a judgment.
(17) "Supplemental judgment" means a judgment that may be rendered after a general judgment pursuant to a legal authority.
(18) "Support arrearage lien" means a lien that attaches to real property under the provisions of ORS 18.150 (3) or 18.152 (3).
(19) "Support award" means a money award or agency order that requires the payment of child or spousal support. [2003 c.576 §1; 2005 c.542 §55; 2005 c.568 §4; 2021 c.597 §38]
Note: Section 7, chapter 568, Oregon Laws 2005, provides:
Sec. 7. Sections 2 [18.245] and 6 [18.029] of this 2005 Act and the amendments to ORS 18.005 by section 4 of this 2005 Act apply to all judgments entered on or after January 1, 2004. [2005 c.568 §7]
Note: Sections 45 and 569 (1) and (2), chapter 576, Oregon Laws 2003, provide:
Sec. 45. (1) Except as provided by this section or by ORS chapter 18, ORS chapter 18 applies only to judgments entered on or after January 1, 2004. Nothing in chapter 576, Oregon Laws 2003, affects the validity, lien effect or enforceability of any judgment or decree entered before January 1, 2004. Nothing in chapter 576, Oregon Laws 2003, affects the validity, lien effect or enforceability of any order or warrant docketed or recorded before January 1, 2004. Except as provided by this section or ORS chapter 18, any judgment or decree entered before January 1, 2004, and any order or warrant docketed or recorded before January 1, 2004, shall continue to be governed by the law in effect on the day immediately preceding January 1, 2004.
(2) ORS 18.107 applies to any corrected judgment entered on or after January 1, 2004, without regard to whether the original judgment is entered before, on or after January 1, 2004.
(3) A judgment creditor may create a judgment lien for a judgment in a county other than the county in which a judgment is entered in the manner provided by ORS 18.152 without regard to whether the judgment is entered before, on or after January 1, 2004.
(4) ORS 18.158 applies to all judgments, whether entered before, on or after January 1, 2004.
(5) Except as provided in ORS 18.190, ORS 18.180 and 18.182 apply to all judgments, whether entered before, on or after January 1, 2004. Notwithstanding ORS 18.182, any order of renewal entered before January 1, 2004, may be recorded in the manner provided by ORS 18.182 (6) with the effect provided by ORS 18.152 (4).
(6) ORS 18.200 applies to the release of any judgment lien after January 1, 2004, without regard to whether the judgment was entered before, on or after January 1, 2004.
(7) ORS 18.205 applies to the assignment of any judgment after January 1, 2004, without regard to whether the judgment was entered before, on or after January 1, 2004.
(8) ORS 18.225 applies to any satisfaction of judgment filed with a court on or after January 1, 2004, without regard to whether the judgment was entered before, on or after January 1, 2004.
(9) ORS 18.228 and 18.232 apply to all judgments, whether entered before, on or after January 1, 2004.
(10) ORS 18.235 applies to any motion for an order declaring that a money award has been satisfied, or to determine the amount necessary to satisfy a money award, filed with a court on or after January 1, 2004, without regard to whether the judgment was entered before, on or after January 1, 2004.
(11) ORS 18.252 and 18.255 apply to execution on any judgment, without regard to whether the judgment was entered before, on or after January 1, 2004.
(12) ORS 18.265 and 18.268 apply to any motion for a debtor examination made on or after January 1, 2004, without regard to whether the judgment was entered before, on or after January 1, 2004.
(13) ORS 18.270 applies to any written interrogatories served on or after January 1, 2004, without regard to whether the judgment was entered before, on or after January 1, 2004.
(14) ORS 18.465 to 18.476 and 18.492 to 18.518 (both 2003 Edition) apply to any writ of execution issued on or after January 1, 2004, without regard to whether the judgment was entered before, on or after January 1, 2004. [2003 c.576 §45; 2015 c.212 §21]
Sec. 569. (1) Except as specifically provided by this 2003 Act, the deletions of statutory references to decrees and the substitutions of references to judgments that are made by the provisions of this 2003 Act do not affect the determination as to whether a person has a right to a jury trial, the scope of review of the court’s decision under ORS 19.250, or any other procedural or substantive aspect of the proceedings giving rise to the court’s decision in an action.
(2) Except as specifically provided by this 2003 Act, the elimination of statutory references to dockets by this 2003 Act does not affect the validity, lien effect or enforceability of any judgment docketed before the effective date of this 2003 Act [January 1, 2004]. [2003 c.576 §569(1),(2)]
Structure 2021 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Section 18.015 - Statutory references to decrees and judgments.
Section 18.028 - Authority of Chief Justice.
Section 18.029 - Effect of chapter on use of judgment.
Section 18.035 - Preparation of judgment document.
Section 18.038 - Form of judgment document generally.
Section 18.042 - Judgment in civil action that includes money award.
Section 18.048 - Judgment in criminal action that contains money award.
Section 18.052 - Duty of judge with respect to form of judgment document.
Section 18.058 - Duty of court administrator with respect to form of judgment document.
Section 18.075 - Entry of judgments in circuit courts generally.
Section 18.078 - Notice of entry of judgment in circuit court civil action.
Section 18.082 - Effect of entry of judgment.
Section 18.107 - Corrections to civil judgments.
Section 18.112 - Correction of designation of judgment as general judgment.
Section 18.150 - Judgment liens in circuit courts.
Section 18.152 - Establishing judgment liens in other counties.
Section 18.165 - Priority of judgment lien over unrecorded conveyance.
Section 18.170 - Form for lien record abstract; rules.
Section 18.180 - Expiration of judgment remedies in circuit court.
Section 18.182 - Extension of judgment remedies.
Section 18.185 - Extension of judgment lien of spousal support award.
Section 18.190 - Spousal support awards in judgments entered before January 1, 2004.
Section 18.200 - Release of lien.
Section 18.202 - Reinstatement of lien.
Section 18.205 - Assignment of judgment.
Section 18.225 - Satisfaction of money awards generally.
Section 18.228 - Satisfaction of support awards payable to Department of Justice.
Section 18.235 - Motion to satisfy money award.
Section 18.238 - Proceedings after discharge in bankruptcy.
Section 18.242 - Contribution among judgment debtors; subrogation of surety.
Section 18.245 - Jurisdictional requirements.
Section 18.255 - Enforcement of judgment by circuit court for county where debtor resides.
Section 18.265 - Debtor examination.
Section 18.268 - Conduct of debtor examination; seizure of property.
Section 18.270 - Written interrogatories.
Section 18.300 - Resident entitled to use federal exemptions or state exemptions in bankruptcy.
Section 18.312 - Execution not to issue against property of deceased party; exception.
Section 18.345 - Exempt personal property generally.
Section 18.348 - Certain funds exempt when deposited in account; limitation.
Section 18.358 - Certain retirement plans exempt from execution; exceptions.
Section 18.385 - Wage exemption.
Section 18.395 - Homestead exemption.
Section 18.398 - Denial of homestead exemption when judgment is for child support.
Section 18.412 - Notice of intent to discharge judgment lien against homestead.
Section 18.415 - Objections to discharge; hearing.
Section 18.422 - Release of judgment lien.
Section 18.605 - Debts subject to garnishment; when writ may be issued on debt.
Section 18.607 - Form of writ; single writ for two or more debtors.
Section 18.609 - Validity of writ after issuance.
Section 18.610 - Court with authority over writ.
Section 18.618 - Property not subject to garnishment.
Section 18.620 - Setoff for certain amounts payable to underlying lienholders.
Section 18.625 - Duration of writ’s effect.
Section 18.627 - Multiple writs.
Section 18.635 - Who may issue writs.
Section 18.638 - Writs issued by court administrators generally.
Section 18.640 - Grounds for denying issuance of writ.
Section 18.645 - Writs issued by Division of Child Support or district attorney; rules.
Section 18.650 - Items required to be delivered to garnishee.
Section 18.652 - Manner of delivery; delivery fee.
Section 18.655 - Proper person to receive writ.
Section 18.658 - Documents to be delivered to debtor.
Section 18.665 - Duties generally.
Section 18.668 - Immunity by payment to court administrator or delivery to sheriff.
Section 18.670 - Exceptions to garnishee’s duties.
Section 18.680 - Response required; time.
Section 18.682 - When response not required.
Section 18.685 - Contents of response; manner of making payment.
Section 18.690 - Delivery of garnishee response.
Section 18.692 - Supplemental garnishee response.
Section 18.700 - Manner of making challenge to garnishment.
Section 18.702 - Notice to garnishor and garnishee of challenge to garnishment.
Section 18.705 - Duties of garnishor and creditor created by challenge to garnishment.
Section 18.708 - Duties of garnishee created by challenge to garnishment.
Section 18.710 - Hearing on challenge to garnishment.
Section 18.712 - Allowance or denial of challenge.
Section 18.718 - Special procedures for writs issued for past due support.
Section 18.730 - Payment of money under writ; garnishor’s duty to hold payments.
Section 18.732 - Money owed to debtor that is due within 45 days.
Section 18.735 - Payment of wages subject to garnishment.
Section 18.736 - Processing fee.
Section 18.738 - Acceptance or rejection of payments by court administrator.
Section 18.740 - Payments erroneously sent to court.
Section 18.742 - Crediting of payments against debt.
Section 18.750 - Application of ORS 18.750 to 18.760.
Section 18.752 - Garnishee duties.
Section 18.755 - Request for sale; sheriff’s fees.
Section 18.758 - Sheriff’s sale.
Section 18.770 - Release of garnishment.
Section 18.775 - Liability of garnishee.
Section 18.778 - Order to appear.
Section 18.780 - Pleadings; default judgment.
Section 18.785 - Duties of financial institution; notice to account holder.
Section 18.787 - Liability of financial institution.
Section 18.790 - Search fee; garnishment processing fee.
Section 18.792 - Safe deposit boxes.
Section 18.800 - Special procedures for writs issued to enforce agency orders or warrants.
Section 18.810 - Use of writ for provisional process.
Section 18.830 - Writ of garnishment form.
Section 18.832 - Debt calculation form.
Section 18.835 - Garnishee response form.
Section 18.838 - Instructions to garnishee form.
Section 18.840 - Wage exemption calculation form.
Section 18.842 - Release of garnishment form.
Section 18.845 - Notice of exemptions form; instructions for challenge to garnishment.
Section 18.847 - Notice to debtor of garnishment account review.
Section 18.850 - Challenge to garnishment form.
Section 18.854 - Notices of garnishment generally.
Section 18.855 - Notices of garnishment issued by state agencies.
Section 18.857 - Notice of garnishment issued by county tax collector.
Section 18.860 - Function of writ.
Section 18.862 - Form of writ.
Section 18.865 - Court administrator to issue writ.
Section 18.867 - Issuance of writs for certain judgments awarding child support.
Section 18.868 - Sheriff to whom writ is issued.
Section 18.872 - Return on writ of execution.
Section 18.875 - Instructions to sheriff.
Section 18.878 - Manner of levying on property.
Section 18.880 - Alternative procedure for levying on tangible personal property.
Section 18.882 - Criminal penalty for moving, using or damaging secured property.
Section 18.884 - Levying on intangible personal property.
Section 18.886 - Creditor’s bond.
Section 18.887 - Forcible entry for purpose of levying on personal property.
Section 18.888 - Notice of levy.
Section 18.892 - Challenge to writ of execution.
Section 18.896 - Challenge to execution form.
Section 18.898 - Hearing on challenge to execution.
Section 18.901 - Definition of residential property.
Section 18.904 - Order required for sale of residential property; exceptions.
Section 18.906 - Motion for order authorizing sale of residential property.
Section 18.908 - Notice of motion for order authorizing sale of residential property.
Section 18.912 - Hearing on motion for order authorizing sale of residential property.
Section 18.918 - Person entitled to written notice of sale.
Section 18.920 - Notice of sale of personal property.
Section 18.924 - Notice of sale of real property.
Section 18.926 - Legal notices website; posting fee.
Section 18.930 - Conduct of sale generally; county fee.
Section 18.932 - Postponement of sale; rules.
Section 18.936 - Bid by judgment creditor.
Section 18.938 - Manner of payment.
Section 18.940 - Bill of sale for personal property.
Section 18.942 - Sheriff’s certificate of sale for real property.
Section 18.944 - Notice of completed sale.
Section 18.946 - Possession after sale; right to rents or value of use.
Section 18.948 - Confirmation of sale of real property.
Section 18.950 - Delivery and distribution of proceeds; satisfaction document.
Section 18.962 - Property that may be redeemed.
Section 18.963 - Who may redeem.
Section 18.964 - Time for redemption.
Section 18.965 - Notice to seller before end of redemption period.
Section 18.966 - Redemption amount payable to purchaser.
Section 18.967 - Redemption amount payable to redemptioner.
Section 18.970 - Redemption notice.
Section 18.971 - Objection to redemption notice.
Section 18.972 - Response to redemption notice.
Section 18.973 - Objection to response.
Section 18.975 - Payment of redemption amount.
Section 18.978 - Court proceedings on objections.
Section 18.981 - Manner of payment.
Section 18.985 - Sheriff’s deed.
Section 18.986 - Manufactured dwellings and floating homes.
Section 18.988 - Seller’s right to receive payments under land sale contract.
Section 18.989 - Equitable interests in property.
Section 18.999 - Recovery of amounts related to attempts to recover debt or enforce judgment.