Judgments

ORS 18.150
Judgment liens in circuit courts


(1)

If a judgment document filed with a court administrator under ORS 18.075 (Entry of judgments in circuit courts generally) (2) includes a money award and complies with ORS 18.042 (Judgment in civil action that includes money award) (1) or 18.048 (Judgment in criminal action that contains money award) (1), the court administrator shall note in the register of a circuit court that the judgment creates a judgment lien unless:

(a)

The judgment is entered in the small claims department of a circuit court in an amount of less than $3,000, exclusive of costs, and the judgment creditor has not created a judgment lien for the judgment as provided in ORS 46.488 (Lien effect of small claims judgments);

(b)

The judgment is entered in a criminal action for conviction of a violation, and the court does not order under ORS 18.048 (Judgment in criminal action that contains money award) (4) that the judgment creates a judgment lien;

(c)

The judgment is entered under ORS 153.820 (Special procedures for parking violations in Multnomah County); or

(d)

The judgment does not create a lien by operation of other law.

(2)

Except as provided in this section, if the court administrator notes in the register that a judgment creates a judgment lien, the judgment has the following effect in the county in which the judgment is entered:

(a)

When the judgment is entered, the judgment lien attaches to all real property of the judgment debtor in the county at that time; and

(b)

The judgment lien attaches to all real property that the judgment debtor acquires in the county at any time after the judgment is entered and before the judgment lien expires.

(3)

Except as provided in this section, if the court administrator notes in the register that a judgment creates a judgment lien and the judgment contains a support award, the support award portion of the judgment has the following effect in the county in which the judgment is entered:

(a)

Any lump sum support award existing when the judgment is entered creates a support arrearage lien and has the effect specified by subsection (2) of this section;

(b)

When an installment becomes due under the terms of the support award and is not paid, a support arrearage lien for the unpaid installment attaches to all real property of the judgment debtor in the county at that time; and

(c)

When an installment becomes due under the terms of the support award and is not paid, a support arrearage lien attaches to all real property that the judgment debtor thereafter acquires in the county for the purpose of enforcing the unpaid installment, and remains attached to that property until satisfaction is made for the installment or the judgment lien arising from support award portion of the judgment expires.

(4)

Real property may be conveyed or encumbered free of a judgment lien created by the support award portion of a judgment, but the conveyance or encumbrance is subject to any support arrearage lien that attached to the real property under this section or ORS 18.152 (Establishing judgment liens in other counties).

(5)

A judgment lien does not attach to any real property of a judgment debtor acquired after the debt giving rise to the judgment is discharged under federal bankruptcy laws. Debts are presumed to have not been discharged in bankruptcy until the judgment debtor establishes that the debt has been discharged.

(6)

A court administrator may rely on the judgment document to determine whether a judgment creates a judgment lien.

(7)

This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 §14; 2005 c.568 §19]

Notes of Decisions

Under Former Similar Statute (Ors 18.350)

A judgment lien attaches to the excess value of property over the homestead exemption granted in a bankruptcy discharge; overruling Boyd v. Ore., 249 Or 513, 439 P2d 862 (1968). Mendenhall v. NW Credit Adjusters, Inc., 263 Or 104, 500 P2d 702 (1972)

Judgment lien attaches only against property interest actually held by debtor at or after time lien was docketed. Wilson v. Willamette Industries, 280 Or 45, 569 P2d 609 (1977)

Judgments and tax liens filed in county where real property was located did not attach to property previously awarded to debtor's spouse in divorce decree elsewhere and not recorded in that county. United Finance Co. v. King, 285 Or 173, 590 P2d 228 (1979)

Where real property belongs to subject of protective proceeding, providing for welfare of protected person and payment of administrative expenses statutorily supersedes priority given perfected lien against real property. Crofoot v. Oregon State Bar, 54 Or App 151, 634 P2d 284 (1981)

Bankruptcy trustee's determination that house has no value to bankruptcy estate is not judicial determination which prevents judgment creditor from contesting value of house in later proceeding under [former] ORS 23.280 to discharge judgment lien. North Coast Electric v. Kenney's Plumbing and Repair, 90 Or App 131, 750 P2d 1201 (1988), Sup Ct review denied

In absence of both clear indication that severance of vendor's right to receive contract payments under land sale contract from vendor's legal title to land, and appropriate actions necessary to effect severance, judgment lien under this section attaches both to vendor's right to receive contract payments and to vendor's legal title to real property. Bedortha v. Sunridge Land Co., Inc., 312 Or 307, 822 P2d 694 (1991)

Judgment liens of creditors of loan broker did not attach to real property recorded in name of loan broker, because loan broker held real property as trustee in resulting trust. Certified Mortgage Co. v. Shepherd, 115 Or App 228, 838 P2d 1082 (1992)

In General

Entry of judgment, alone, does not create lien on judgment debtor's personal property. In re Grogan, 476 B.R. 270 (Bkrtcy. D. Or. 2012)

Law Review Citations

In General

44 WLR 377 (2007)

Chapter 18

Notes of Decisions

If terms used by trial court suffice to convey court's concluding decision or decisions, and if terms are set forth in document properly titled as judgment, then judgment document contains judgment. Interstate Roofing, Inc. v. Springfield Corp., 347 Or 144, 218 P3d 113 (2009)


Source

Last accessed
Jun. 26, 2021