(1) If a deposit, as required by ORS § 18.412 (1)(c), is made by a transferee of any property, the transferee may credit the amount of the deposit against the consideration owed by the transferee for the transfer.

(2) The holder of any judgment described in ORS § 18.412 (1) is entitled to receive the full amount of any deposit made with respect to the judgment upon delivery to the court administrator of a release of lien document in the form provided by ORS § 18.200 for the property described in the notice. If the real property is located in a county where a certified copy of the judgment or lien record abstract has been recorded, the holder of the judgment, upon receipt of the deposit, shall have a certified copy of the release of lien document recorded in the County Clerk Lien Record.

(3) If a release of lien document for the property is not delivered by the holder of the judgment to the court administrator as required by subsection (2) of this section, the court administrator shall hold the deposit described in ORS § 18.412 (1) and the deposit shall be paid by the court administrator to the homestead claimant upon expiration of the judgment remedies for the judgment as provided in ORS § 18.180 to 18.190.

(4) At any time after the date specified in a notice, as provided by ORS § 18.412 (1)(d), the homestead claimant for the property described in the judgment may apply to the court in which the judgment was entered for an order that the property described in the notice is no longer subject to the judgment lien. If no objections are filed and no hearing is requested in accordance with ORS § 18.415, the judge shall issue an ex parte order that the property is no longer subject to the judgment lien if the judge is satisfied that the property has been, or is about to be, transferred and that the notice was prepared and mailed and a deposit was made as required in ORS § 18.412. The judge must, in addition, find that the holder of the judgment actually received notice or, if the whereabouts of the holder are unknown, that a reasonably diligent effort has been made to find the holder. If objections and a request for a hearing have been filed by the holder of the judgment, the court shall set a hearing and notify the holder of the judgment of the time and place of the hearing. The homestead claimant may have a certified copy of the ex parte order recorded in the County Clerk Lien Record. [Formerly 23.300]

[1987 c.774 § 29; 1997 c.801 § 123; 1999 c.788 § 26; repealed by 2001 c.779 § 10]

[Formerly 23.164; 2005 c.542 § 59a; 2005 c.568 § 24; repealed by 2009 c.612 § 9]

[Amended by 1987 c.586 § 10; renumbered 18.242 in 2003]

[1971 c.665 § 1; 1975 c.269 § 1; renumbered 31.800 in 2003]

[1975 c.269 § 2; renumbered 31.805 in 2003]

[1975 c.269 § 3; 1995 c.696 § 1; renumbered 31.810 in 2003]

[1975 c.269 § 4; 1995 c.696 § 2; renumbered 31.815 in 2003]

[1975 c.269 § 5; renumbered 31.820 in 2003]

[2003 c.576 § 34; repealed by 2005 c.542 § 73]

[2003 c.576 § 35; 2005 c.568 § 24a; repealed by 2005 c.542 73,73a]

[1971 c.668 § 1; 1975 c.599 § 1; 1995 c.696 § 3; renumbered 31.600 in 2003]

[2003 c.576 § 36; 2005 c.542 § 60; renumbered 18.867 in 2005]

[1975 c.599 § 4; renumbered 31.620 in 2003]

[2003 c.576 § 37; repealed by 2005 c.542 § 73]

[Formerly 23.410; repealed by 2005 c.542 § 73 and 2005 c.568 § 42]

[1975 c.599 § 2; 1995 c.79 § 6; 1995 c.696 § 4; renumbered 31.605 in 2003]

[Formerly 23.310; repealed by 2005 c.542 § 73]

[1975 c.599 § 3; 1987 c.774 § 7; 1995 c.696 § 5; renumbered 31.610 in 2003]

[Formerly 23.440; repealed by 2005 c.542 § 73]

[1975 c.599 § 5; renumbered 31.615 in 2003]

[2003 c.576 § 38; repealed by 2005 c.542 § 73]

[2003 c.576 § 39; repealed by 2005 c.542 § 73]

[Formerly 41.950; renumbered 31.550 in 2003]

[2003 c.576 § 40; 2005 c.542 § 61; 2005 c.568 § 25; renumbered 18.892 in 2005]

[2003 c.576 § 41; renumbered 18.894 in 2005]

[1971 c.331 § 6; 1975 c.784 § 14; 1981 c.892 § 85c; 1981 c.898 § 17; renumbered 31.555 in 2003]

[2003 c.576 § 42; 2005 c.456 § 5; 2005 c.542 § 61b; 2005 c.568 § 25a; renumbered 18.896 in 2005]

[2003 c.576 § 43; renumbered 18.898 in 2005]

[2003 c.576 § 44; renumbered 18.899 in 2005]

[Formerly 41.960; renumbered 31.560 in 2003]

[Formerly 41.970; renumbered 31.565 in 2003]

[Formerly 23.450; repealed by 2005 c.542 § 73]

[1995 c.688 § 3; 2003 c.552 § 1; renumbered 31.725 in 2003]

[Formerly 23.445; repealed by 2005 c.542 § 73]

[1995 c.688 § 2; renumbered 31.730 in 2003]

[Formerly 23.460; repealed by 2005 c.542 § 73]

[1987 c.774 § 3; 1991 c.862 § 1; 1995 c.688 § 1; 1997 c.73 § 1; renumbered 31.735 in 2003]

[Formerly 23.470; repealed by 2005 c.542 § 73]

[Formerly 23.480; repealed by 2005 c.542 § 73]

[Formerly 23.490; repealed by 2005 c.542 § 73]

[1987 c.774 § 4; 1989 c.721 § 45; 1989 c.782 § 34; 1995 c.280 § 28; 1999 c.537 § 1; renumbered 31.740 in 2003]

[Formerly 23.515; repealed by 2005 c.542 § 73]

[Formerly 23.500; repealed by 2005 c.542 § 73]

[1987 c.774 § 6; renumbered 31.710 in 2003]

[Formerly 23.510; repealed by 2005 c.542 § 73]

[Formerly 23.520; repealed by 2005 c.542 § 73]

[Formerly 23.530; repealed by 2005 c.542 § 73]

[1987 c.774 § 7a; 1995 c.696 § 6; renumbered 31.705 in 2003]

[Formerly 23.540; repealed by 2005 c.542 § 73]

[Formerly 23.550; repealed by 2005 c.542 § 73]

[1987 c.774 § 9; 2003 c.576 § 232; renumbered 31.580 in 2003]

[Formerly 23.560; repealed by 2005 c.542 § 73]

[Formerly 23.570; repealed by 2005 c.542 § 73]

[Formerly 23.580; repealed by 2005 c.542 § 73]

[1989 c.1074 § 1; renumbered 31.760 in 2003]

[1999 c.1065 § 1; renumbered 31.715 in 2003]

[Formerly 23.590; repealed by 2005 c.542 § 73]

[Formerly 23.600; repealed by 2005 c.542 § 73]

WRITS OF GARNISHMENT

(Definitions)