Judgments

ORS 18.255
Enforcement of judgment by circuit court for county where debtor resides

(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 a writ of execution against real property under the provisions of this section only if a certified copy of the original judgment, or a lien record abstract in the form provided by ORS 18.170 (Form for lien record abstract), is recorded in the County Clerk Lien Record for that county, in addition to the filing of a transcript of the original judgment with the circuit court for that county. In no event shall the court administrator be liable for issuing a writ of execution, writ of garnishment or other execution for a judgment transcribed pursuant to this section.

(2)

A judgment creditor who files a transcript of a judgment under subsection (1) of this section must give written notice of the filing to the circuit court in which the judgment was originally entered.

(3)

At the time a transcript of a judgment is filed under this section, the judgment creditor or the attorney for the judgment creditor must make and file with the court administrator a statement containing the information required for a money award under ORS 18.042 (Judgment in civil action that includes money award) (2) and an affidavit setting forth:

(a)

The name and last-known address of the judgment creditor;

(b)

The name and last-known address of the judgment debtor;

(c)

A statement that the judgment creditor has a good faith belief that the judgment debtor resides in the county in which the transcript of the judgment is filed;

(d)

A statement that the judgment has not been satisfied and that execution on the judgment has not been stayed; and

(e)

A statement that written notice of the filing has been given to the circuit court in which the judgment was originally entered.

(4)

The circuit court in which a transcript of a judgment is filed under this section is the only court with authority to issue a writ of execution, writ of garnishment or other execution on the transcribed judgment until the judgment creditor files an affidavit with the circuit court certifying that the judgment debtor no longer resides in that county. A copy of the affidavit must be filed by the judgment creditor in the court in which the judgment was originally entered. After the filing of an affidavit under this subsection, only the circuit court in which the judgment was originally entered may issue a writ of execution, writ of garnishment or other execution on the judgment.

(5)

When a transcribed judgment is filed with a circuit court under this section, the court administrator shall enter the transcribed judgment in the register but shall not note in the register that the judgment creates a judgment lien. Satisfaction documents under ORS 18.225 (Satisfaction of money awards generally) and certificates of extension under ORS 18.180 (Expiration of judgment remedies in circuit court) to 18.190 (Spousal support awards in judgments entered before January 1, 2004) may be filed only in the court in which the judgment was originally entered.

(6)

This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 §30; 2017 c.252 §11]
Source

Last accessed
Mar. 11, 2023

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