Enforcement and Recognition of Foreign Judgments

ORS 24.125
Notice of filing of judgment

  • delay in enforcement


(1)

At the time of the filing of the foreign judgment, the judgment creditor or the creditor’s lawyer shall make and file with the clerk of the court an affidavit setting forth the names and last-known post-office addresses of the judgment debtor and the judgment creditor, together with a separate statement containing the information required to be contained in a judgment under ORS 18.042 (Judgment in civil action that includes money award).

(2)

Promptly after filing the foreign judgment and the affidavit, the judgment creditor must mail notice of the filing of the foreign judgment to the judgment debtor. The notice shall include the name and post-office address of the judgment creditor and the judgment creditor’s lawyer, if any, in this state. The judgment creditor must file with the court proof of mailing the notice.

(3)

No execution or other process for enforcement of a foreign judgment filed pursuant to ORS 24.105 (Definitions for ORS 24.105 to 24.125, 24.135 and 24.155 to 24.175) to 24.125 (Notice of filing of judgment), 24.135 (Grounds for staying enforcement of judgment) and 24.155 (Optional procedure) to 24.175 (Short title), except a judgment, decree or order of a court of the United States, shall issue until five days after the date the judgment, affidavit and separate statement required in subsection (1) of this section are filed. [1979 c.577 §3; 1985 c.343 §6; 1987 c.873 §25; 1989 c.768 §8; 1997 c.872 §7; 2003 c.576 §168]
§§ 24.010 to 24.180

Notes of Decisions

Since purpose of these sections was to register judgments so they may subsequently be enforced, fact that defendants may be in violation of decree was irrevelant. In the Matter of Marie Callender Pie Shops v. Bumbleberry Enterprises, 39 Or App 487, 592 P2d 1050 (1979)

Chapter 24

Notes of Decisions

Foreign dissolution decree need not be registered in order for court to have jurisdiction to modify decree. Walker v. Walker, 26 Or App 701, 554 P2d 591 (1976), Sup Ct review denied

Law Review Citations

57 OLR 377 (1978)


Source

Last accessed
Jun. 26, 2021