Oregon Statutes 18.892 – Challenge to writ of execution
(1) Except as provided in subsection (2) of this section, a judgment debtor may use a challenge to execution form only:
Terms Used In Oregon Statutes 18.892
- 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
- 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
- Money award: means a judgment or portion of a judgment that requires the payment of money. See Oregon Statutes 18.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(a) To claim such exemptions under a writ of execution as are permitted by law; and
(b) To assert that the amount specified in the writ of execution as being subject to execution is greater than the amount owed by the judgment debtor under the money award.
(2) A judgment debtor may not use a challenge to execution form to challenge execution on residential property of the debtor as defined by ORS § 18.901 if the judgment creditor has obtained an order under ORS § 18.904 authorizing the sale or if the judgment directs the sale or delivery of specific property.
(3) Any person other than a judgment debtor who has an interest in any property levied on by a sheriff may assert that interest by delivering a challenge to execution in the manner provided by subsection (4) of this section.
(4) A person may make a challenge to a writ of execution by completing the challenge to execution form provided in ORS § 18.896, or a substantially similar form, and by delivering, in person or by first class mail, the original of the completed form to the court administrator for the court identified in the writ of execution and a copy of the challenge to the judgment creditor. Upon receiving a copy of the challenge, the judgment creditor shall promptly notify the sheriff of the challenge.
(5) A challenge to execution must be delivered in the manner provided by subsection (4) of this section within 30 days after the property is levied on as described in ORS § 18.878 or before the property is sold on execution, whichever occurs first. [Formerly 18.505; 2007 c.166 § 8]