(1) A judgment creditor may not create a judgment lien for a judgment entered in the small claims department of a circuit court if the money award is less than $10, exclusive of costs and disbursements. A judgment creditor may create a judgment lien for a judgment entered in the small claims department of a circuit court in an amount of $10 or more and less than $3,000, exclusive of costs and disbursements, only as provided in subsection (3) of this section.

Terms Used In Oregon Statutes 46.488

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

(2) If a judgment is rendered in the small claims department in an amount of $3,000 or more, the clerk shall note in the register of the circuit court that the judgment creates a judgment lien if the judgment otherwise complies with the requirements of ORS Chapter 18 for creating a judgment lien. A judgment creditor may create a lien for the judgment in other counties in the manner provided by ORS § 18.152.

(3) When a judgment is entered in the small claims department in an amount of $10 or more and less than $3,000, exclusive of costs or disbursements, a judgment creditor may at any time before expiration of judgment remedies for the judgment under ORS § 18.180 create a judgment lien for the judgment by paying to the clerk of the court that entered the judgment the fees established under ORS § 21.235 (1)(a) and requesting that the clerk of the court note in the register and in the judgment lien record that the judgment creates a judgment lien. Upon receipt of the fees and request for creating a judgment lien, the clerk shall note in the register that the judgment creates a judgment lien. Upon entry of the notation in the register, the judgment creates a lien as described in ORS § 18.150, and a judgment creditor may create a lien for the judgment in other counties in the manner provided by ORS § 18.152. [1997 c.801 § 57; 1997 c.801 § 58; 1999 c.195 § 3; 1999 c.1095 § 12; 2003 c.576 § 92; 2003 c.737 77,78; 2007 c.339 § 11; 2011 c.595 § 119]

 

Section 8 (1) and (2), chapter 195, Oregon Laws 1999, provides:

(1) The amendments to ORS § 18.350 by section 1 of this 1999 Act, and the amendments to ORS § 46.488 by section 58, chapter 801, Oregon Laws 1997, and by section 3 of this 1999 Act, do not affect any judgment docketed in the circuit court under the provisions of ORS § 46.488 (1997 Edition) before the effective date of this 1999 Act [October 23, 1999]. Notwithstanding the amendments to ORS § 46.488 by section 58, chapter 801, Oregon Laws 1997, and by section 3 of this 1999 Act, any judgment entered in the small claims department of a circuit court before the effective date of this 1999 Act that was not docketed in the circuit court under the provisions of ORS § 46.488 (1997 Edition) before the effective date of this 1999 Act may become a lien on real property only in the manner provided by ORS § 46.488 (1997 Edition).

(2) Any judgment docketed before the effective date of this 1999 Act, including judgments docketed under the provisions of ORS § 46.488 (1997 Edition), that did not become a lien on real property by reason of failure of the judgment creditor to file a lien certificate with the court in the manner required by ORS § 18.350 (4) to (9) (1997 Edition) shall automatically become a lien on real property to the extent described in ORS § 18.350, as amended by section 1 of this 1999 Act, on January 1, 2000, and shall be considered in all respects as though the judgment had been docketed on January 1, 2000. [1999 c.195 § 8(1),(2); 1999 c.195 § 8a(1),(2)]

 

[Repealed by 1971 c.760 § 11]

 

[1979 c.567 § 4; repealed by 1981 c.883 § 1]

 

[Amended by 1969 c.683 § 4; repealed by 1971 c.760 § 11]

 

[1969 c.683 § 6; repealed by 1971 c.760 § 11]

 

[Repealed by 1971 c.760 § 11]

 

[Amended by 1969 c.683 § 7; repealed by 1971 c.760 § 11]

 

[Repealed by 1971 c.760 § 11]

 

[Amended by 1969 c.683 § 8; repealed by 1971 c.760 § 11]

 

[Repealed by 1981 s.s. c.3 § 141]