Judgments

ORS 18.312
Execution not to issue against property of deceased party

  • exception


(1)

Except as provided in subsection (2) of this section, execution may not be issued against the property of a deceased party. Except as provided in subsection (2) of this section, a judgment against a deceased party may be collected only by making a claim against the estate of the deceased party in the manner prescribed by ORS chapter 115 or ORS 114.505 (Definitions for ORS 114.505 to 114.560) to 114.560 (Exclusive remedy).

(2)

This section does not prevent the issuance of execution and sale of property pursuant to a judgment of foreclosure and sale of property of the decedent. If the amount realized from the sale of property is not sufficient to satisfy the judgment and collection of the deficiency is otherwise allowed by law, the amount of the deficiency may be collected by making a claim against the estate in the manner prescribed by ORS chapter 115 or ORS 114.505 (Definitions for ORS 114.505 to 114.560) to 114.560 (Exclusive remedy).

(3)

The stay imposed by subsection (1) of this section:

(a)

Expires when the property ceases to be property of the estate, including but not limited to upon conveyance of the property by the personal representative to a third party or upon distribution by the personal representative; and

(b)

Does not diminish the lien effect of a judgment or bar execution based on a lien when execution commences after the property ceases to be property of the estate. [Formerly 23.105; 2007 c.495 §1; 2017 c.169 §42]

(formerly 23.105)

Notes of Decisions

Secured creditor's reliance on security interest in property is not claim against estate and therefore is not subject to pro rata distribution. Heiller v. Nelson, 127 Or App 189, 872 P2d 26 (1994)

Law Review Citations

26 WLR 286 (1990)

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