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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
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