Oregon Statutes 18.878 – Manner of levying on property
(1) Upon receipt of a writ of execution, the sheriff shall indorse upon the writ of execution the time when the sheriff received the writ. The sheriff shall then levy on property pursuant to the writ of execution and the instructions provided to the sheriff under ORS § 18.875 by doing all of the following:
Terms Used In Oregon Statutes 18.878
- 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
- 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
- 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.
(a) Filing a notice of levy with the court if real property is to be sold under the writ, or if residential property as described in ORS § 18.901 (2), (3) or (4) is to be sold under the writ.
(b) Seizing any tangible personal property that the sheriff has not been instructed to secure in the manner provided by ORS § 18.880.
(c) Securing any tangible personal property in the manner provided by ORS § 18.880 if the sheriff has been instructed to secure the property in that manner.
(d) Filing a notice of levy with the court in the manner provided by ORS § 18.884 if the sheriff has been instructed to sell intangible personal property.
(e) Securing and delivering possession of property if the writ requires that property be delivered under the writ.
(2) When a sheriff levies on personal property in any manner described in subsection (1) of this section, the interest of the judgment creditor in the personal property is the same as that of a secured creditor with an interest in the property perfected under ORS Chapter 79. [2005 c.542 § 8; 2007 c.166 § 12]