Oregon Statutes 18.936 – Bid by judgment creditor
(1) A judgment creditor that requested issuance of a writ of execution may make oral bids for property to be sold at an execution sale. If the oral bid of the judgment creditor is the highest bid, the judgment creditor need not make any payment to the sheriff other than for:
Terms Used In Oregon Statutes 18.936
- 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
- Personal property: All property that is not real property.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(a) Any unpaid sheriff’s fees for the execution sale;
(b) The amount of an exemption that the debtor claims and that the judgment creditor agrees to or that a court has determined applies to the property; and
(c) Any amount that the judgment creditor bids that:
(A) Exceeds the full amount, calculated as of the date of the execution sale, that is owing on the money award, for a judgment that includes a money award, plus the costs of the sale as described in ORS § 18.950 (2) that the judgment creditor paid; or
(B) Exceeds the amount declared in the judgment, calculated as of the date of the execution sale, for a judgment that directs the sale of specific real or personal property, plus the costs of the sale as described in ORS § 18.950 (2) that the judgment creditor paid.
(2)(a) A judgment creditor that requested issuance of a writ of execution may submit a written bid for property to be sold in an execution sale before the sale is conducted.
(b) A bid under paragraph (a) of this subsection may not be for more than:
(A) The full amount, calculated as of the date of the execution sale, that is owing on the money award, for a judgment that includes a money award, plus the costs of the sale that the judgment creditor may recover as provided in ORS § 18.950 (2); or
(B) The amount declared in the judgment, calculated as of the date of the execution sale, for a judgment that directs the sale of specific real or personal property, plus the costs of the sale that the judgment creditor may recover as provided in ORS § 18.950 (2).
(c) The sheriff must receive a bid under this subsection not less than 48 hours before the sale is conducted. The sheriff may rely on the judgment creditor’s calculation of the amount due under the money award or the amount declared in the judgment and for the costs of sale. The sheriff is not required to make a separate calculation. If the written bid of the judgment creditor is the highest bid, the judgment creditor need not make any payment to the sheriff other than for:
(A) Any unpaid sheriff’s fees for the execution sale; and
(B) The amount of an exemption that the debtor claims and that the judgment creditor agrees to or that a court has determined applies to the property.
(3) A judgment creditor that makes a bid under subsection (2) of this section may instruct the sheriff to accept any bid that matches the amount of the judgment creditor’s bid.
(4) A written bid under subsection (2) of this section is irrevocable, but the judgment creditor that submits the written bid may make an oral bid at the time of the sale that is higher than the written bid.
(5) A judgment creditor that makes a bid under this section must notify the sheriff of any amounts included in the bid that are attributable to costs of sale under ORS § 18.950 (2). [2005 c.542 § 28; 2007 c.166 § 7; 2011 c.195 § 16; 2015 c.291 § 2]