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OREGON JUDGMENT ENFORCEMENT

See Oregon Judgment Enforcement Law below.

Our Judgment Enforcement agents are well versed in your state and are here to serve your Judgment Enforcement Needs, including asset searches, wage garnishments and bank account locators.



Judgments and Enforcement:

A judgment rendered by the court of the State of Oregon is enforceable for a period of ten (10) years. (ORS 12.070.)  Such enforcement period may be extended if action is taken to renew the judgment prior to the expiration of the ten (10) years.  (ORS 18.360.)   From the time of docketing an original or renewed judgment, the judgment becomes a lien upon all the non-exempt real property of the judgment debtor within the county where the same is docketed, or which the judgment debtor may afterwards acquire therein.  (ORS 18.350.)

Enforcement of a money judgment may by way of a writ of execution (ORS 23.030) or a writ of garnishment (ORS 29.135).  Execution may be against the property of the judgment debtor or for the delivery of the possession of real or personal property.   (ORS 23.040.)  All non-exempt property, including franchises, or rights or interest therein, of the judgment debtor, is subject to execution. (ORS 23.160.)   Garnishment of wages is permissible but the maximum part of the aggregate disposable earnings of an individual for any workweek that is subjected to garnishment may not exceed 25% of the individual's disposable earnings for that week; or the amount by which the individual's disposable earnings for that week exceed $170.  (ORS 23.185.)

A Judgment may be entered by confession for money due without the filing of a legal action.  A defendant may file a written statement, verified by oath, authorizing the entry of judgment for a specified sum, stating concise facts out of which the obligation arose and showing that the sum confessed is justly and presently due, containing a statement that the person signing the judgment understands that it authorizes entry of judgment without further proceeding which would authorize execution to enforce payment of the judgment, and executed after the date or dates when the sums described in the statement were due.  This procedure may not be used in consumer transactions.   If there are joint debtors, the judgment may be executed only against those who confessed it.  (ORCP 73.)
 
Foreign Judgment:

The State of Oregon generally adopts the Uniform Enforcement of Foreign Judgments Act. (ORS 24.105-24.175.)  Any judgment, decree or order of a court of the United States or of any other court is entitled to full faith and credit in the State of Oregon.     (ORS 24.105.)

A judgment creditor seeking to enforce a foreign judgment may file with the appropriate court, an authenticated copy of the foreign judgment, and an affidavit showing the name and last known post office address of the judgment debtor and the judgment creditor together with a separate statement containing the information required to be contained in a judgment under ORCP 70 A (2)(a).  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 the state of Oregon. The judgment creditor must file with the court proof of mailing the notice.  No execution may issue upon the foreign judgment nor may any other proceeding be taken for its enforcement until the expiration of 5 days from the date the judgment is filed.  (ORS 24.125.)

A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating or staying as a judgment of the circuit court in which the foreign judgment is filed, and may be enforced or satisfied in like manner. (ORS 24.115(3).)

Interest:

    Legal rate:  9% per annum if the parties have not otherwise agreed to a rate of interest.  (ORS 82.010(1).)

    Contract Rate:  Any rate as agreed between the parties except that for loans of $50,000 or less, the rate of interest may not exceed the greater of 12%, or 5% in excess of the discount rate on 90 day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district where the person making the loan is located, on the date the loan or the initial advance of funds under the loan is made. (ORS 82-010(3).)

    Judgment rate: 9% per annum or such rate as otherwise contained in the contract upon which the judgment is based.  .  (ORS 82-010(2).)

Exemptions:

In general, a debtor may claim exemption of his homestead and certain personal property from attachment or execution or forced sale for the payment of debts.

A debtor is entitled to a homestead exemption up to an amount of $25,000 in value for an individual and a combined exemption of $33,000 if two or more members of a household are debtors whose interests in the homestead are subject to execution.  The homestead must be the actual abode of and occupied by the owner or the owner's spouse, parent or child.  (ORS 23.240.)

Personal property which are exempt from attachment or execution may include books, pictures and musical instruments to the value of $600; wearing apparel, jewelry and other personal items to the value of $1,800; tools, implements, apparatus, team, harness or library, necessary to enable the judgment debtor to carry on the trade, occupation or profession by which the judgment debtor habitually earns a living, to the value of $3,000; a vehicle to the value of $1,700; domestic animals and poultry kept for family use, to the total value of $1,000 and food sufficient to support such animals and poultry for 60 days; household goods, furniture, radios, a television set and utensils all to the total value of $3,000, if the judgment debtor holds the property primarily for the personal, family or household use of the judgment debtor; provisions actually provided for family use and necessary for the support of a householder and family for 60 days and also 60 days' supply of fuel; all professionally prescribed health aids for the debtor or a dependent of the debtor; spousal support, child support, or separate maintenance to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; the debtor's right to receive, or property that is traceable to an award under any crime victim reparation law, a payment or payments, not to exceed a total of $10,000, on account of personal bodily injury of the debtor or an individual of whom the debtor is a dependent; and a payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; the debtor's interest, not to exceed $400 in value, in any personal property. However, this exemption may not be used to increase the amount of any other exemption. (ORS 23.160.)

Other exemptions may include qualified retirement or pension plans (ORS 23.170, ORS 23.185), vocational rehabilitation benefits (ORS 344.580), veteran benefits (ORS 407.595), welfare benefits (ORS 411.760) and workers' compensation benefits (ORS 656.234).

In a bankruptcy proceeding, residents of the State of Oregon are not permitted to claim the federal exemptions provided in Section

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