Oregon Statutes 18.862 – Form of writ
(1) A writ of execution must be directed to a sheriff and must contain the name of the court, the names of the parties to the action and the case number for the action. The writ must contain a mailing address for the judgment creditor. The writ must describe the judgment and, if the writ of execution is issued for application of property of the judgment debtor against a money award or a declaration of the amount of the debt that a lien secures in a foreclosure suit, the writ must state the amount owing on the money award or the amount in the declaration, including interest, as of the date that the request for issuance of the writ is mailed or delivered to the court administrator. The writ must also state the amount of interest accruing on the money award or the debt each day.
Terms Used In Oregon Statutes 18.862
- Action: means any proceeding commenced in a court in which the court may render a judgment. See Oregon Statutes 18.005
- Court administrator: means a trial court administrator in a circuit court that has a trial court administrator and the clerk of the court in all other courts. See Oregon Statutes 18.005
- Execution: means enforcement of the money award portion of a judgment or enforcement of a judgment requiring delivery of the possession or sale of specific real or personal property, by means of writs of execution, writs of garnishment and other statutory or common law writs or remedies that may be available under the law. See Oregon Statutes 18.005
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Judgment: means the concluding decision of a court on one or more requests for relief in one or more actions, as reflected in a judgment document. See Oregon Statutes 18.005
- Lien: A claim against real or personal property in satisfaction of a debt.
- Money award: means a judgment or portion of a judgment that requires the payment of money. See Oregon Statutes 18.005
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(2) If a judgment requires that specific real or personal property of the judgment debtor be sold, the writ must particularly describe the property and direct the sheriff to sell the specified property. The sheriff shall deliver the proceeds of the sale as provided in ORS § 18.950.
(3) If a judgment requires delivering possession of real or personal property, the writ must direct the sheriff to deliver the possession of the property. The writ must particularly describe the property and specify the party to whom the property is to be delivered.
(4) Real property identified in accordance with this section must be described using a legal description and a street address, if any. [2005 c.542 § 2; 2011 c.195 § 6; 2011 c.429 § 1; 2015 c.291 § 1]
(Issuance of Writ)