Oregon Statutes 18.932 – Postponement of sale; rules
(1) A sheriff may postpone an execution sale to a specified date if:
Terms Used In Oregon Statutes 18.932
- 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
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(a) The sheriff is unable to conduct the sale at the place and time specified in the notice of the sale;
(b) The sheriff considers it appropriate to postpone the sale for want of purchasers; or
(c) For other sufficient cause.
(2) A sheriff shall postpone an execution sale to a specified date upon the request of a judgment creditor. The sheriff may not postpone the execution sale to a date later than the final date for return on the writ of execution under ORS § 18.872.
(3) If possible, the sheriff shall make a public announcement of a postponement at the time and place scheduled for the sale.
(4) An execution sale may be postponed more than one time under the provisions of this section. An execution sale may not be postponed beyond the date that a return on the writ is due. If the judgment creditor requests a postponement to a specified date, and the date is more than 60 days after the sheriff received the writ, the request for a postponement of the sale automatically operates as a request for an extension of the time for a return on the writ of execution under ORS § 18.872 (1), and the return on the writ is due three business days after the date specified by the judgment creditor for the sale.
(5) The sheriff need not give additional notice of sale in the manner provided by ORS § 18.918, 18.920, 18.922 or 18.924 by reason of a postponement. The State Court Administrator by rule may establish procedures for giving notice of a postponement by a posting on a website maintained under ORS § 18.926. [2005 c.542 § 26]