Judgment records in Oregon are official files that contain the final order of a court concerning a matter before it. A judgment is a court’s decision that settles disputes between two parties and may be monetary or non-monetary. Oregon state courts maintain these judgment records as part of official public records.
Interested persons may access these records and other Oregon court records via electronic means in the clerk offices, courthouses, or any other approved means. Oregon judgment records of civil matters often contain statements of the rights and duties of the parties, the court where the matter was heard, the presiding judge, and the judge’s signature. Other items in the judgment record are the facts of the case, a summary of pleadings, and the court’s finding of fact.
What is a Judgment?
The Oregon Revised Statutes in § 18.005(8) defines a “judgment” as a concluding decision of a court, over one or more requests for reliefs in an action before a court. When the court gives a general judgment, it addresses all the issues brought up by the parties, and limited judgments concern particular facts, before the conclusion of the dispute.
Most judgments for civil matters in Oregon, come with a monetary award, which is a part of the judgment that requires one party to pay the other some money. A judgment execution is the main way to make sure the judgment-debtor pays the money award. Another type of judgment in Oregon is a supplementary judgment, and it comes as an additional decision after the court gives a general judgment. The courts that administer judgments in Oregon are the circuit courts, municipal courts, justice courts, and county that carry out judicial functions, under § 18.025.
Oregon Judgment Laws
Chapter 18 of the Oregon Revised Statutes is the official provision that contains the applicable judgment laws in Oregon. It provides the procedure for entering judgments and the form that a judgment register must take. Also, the statute outlines the legal procedures that a party to a suit can enforce a judgment and collect the monetary award attached to it.
What is Judgment Lien?
A judgment lien is also an ‘abstract of judgment,’ and it is a liability attached to the debtor’s property or assets, to ensure payment of the judgment debt. It arises when a judgment debtor does not voluntarily satisfy the judgment. The judgment creditor will have to file a judgment lien to enforce the payment.
§ 18.150 of the Oregon Revised Statutes provides that if the court’s judgment in a civil matter includes a money award, the judgment creates a judgment lien. The creation of a judgment lien is automatic if the debtor has any property in the same county where the court is. However, if the property is in another Oregon county different from where the court is, the creditor has to record the judgment with the County Clerk of that county. The judgment lien attaches to the debtor’s property and remains so until it expires.
What is an Oregon Summary Judgement?
A summary judgment in Oregon is a judgment gotten without a full trial. When a party to a civil dispute files a pre-trial motion for the court to dismiss some or all of the other party’s claims, the court has to make a ruling or an order to that effect. The resulting order is a summary judgment, and it arises where there are no genuine issues to support the case going to trial.
What is A Summary Judgment Motion In Oregon?
A summary judgment motion in Oregon is a formal application made by the party seeking the summary judgment. Rule 47 of the Oregon Rules of Civil Procedure provides for the general procedure for filing the motion. The party seeking summary judgment must make the application after 20 days from the start of the action.
Also, that party has 60 days before the trial date to serve the motion and its supporting documents. After that, the adverse party has 20 days to file opposing affidavits or declarations and other supporting documents. Then, the moving party has five days to respond.
The person making the affidavit for a summary judgment must do so on personal knowledge, and the person must be competent to testify in support. In making a response, the adverse party must show a genuine issue to go to trial. If the pleadings and other documents show no genuine issues, the court will grant the motion.
If such a party does not respond, the court will automatically grant the motion. The court may also order any party that makes an affidavit in bad faith to pay the other party reasonable expenses, like attorney fees and any other fees the party incurred.
Oregon Judgment Record Search
Judgment records in Oregon are public records, and under the Oregon Public Records Law, individuals may access any public records. So, an interested person may request access to court records, inspect and make copies of the records. However, not all courts records in Oregon are visible to the public, as some are confidential and protected by statute. The law allows courts to seal these records for many reasons, like the age of a party, privacy rights, sensitivity of the record, and other reasons that the law may permit.
How Do I Look Up a Judgment In Oregon?
A person that wants to find court records in Oregon must first identify who is in charge of the particular records. The individual must then locate the particular court that handled the case. Following standard procedure, the court clerk maintains court records and will produce these records on demand.
The State of Oregon has a search portal to help interested persons find any court in the state. It also shows the location, contact information, and website of the courts. After finding the right court to appeal to, the person may send a request by mail or go in person to access the records.
There is a request form which the individual must fill and send to the court. Alternatively, the individual may choose to write a personalized and unique application. Interested persons may also take advantage of the Oregon Judicial Case Information Network (OJCIN). It provides individuals access to case dockets after the payment of a subscription. A free access portal also allows interested persons to look at unofficial court case information using the parties’ case number or full name.
What Happens if You Have a Judgment Against You in Oregon?
If a court in Oregon gives a judgment, it is binding on all the parties to the matter. The losing party becomes the judgment debtor, liable to pay money or comply with the orders in the judgment. A refusal by the losing party to satisfy the judgment does not cancel the liability of the person.
Instead, it empowers the judgment creditor to take legal steps against the debtor to enforce the judgment. The enforcement of the judgment can make a person’s life very difficult and unpleasant. Some enforcement measures are garnishments, license suspension, and judgment liens on the debtor’s real estate.
How Do I Find Out If I Have Any Judgments Against Me In Oregon?
It is very easy for a person to find existing judgments entered in Oregon against them. The person has to contact the clerk of the court’s office and request the information. Also, the person may carry out a judgment record search using any of the available search procedures above. Most times, the court will send mail notifying a person about a judgment entered against them. So, an individual may check their mail for any notice of entry of judgment.
How Long Does A Judgment Stay On Your Record?
As a public document, a judgment may stay on a person’s record for life or till the public record is removed. In Oregon, a judgment may appear on a person’s credit report for six years till the statute of limitation kicks in. It makes it difficult for a person to obtain credit facilities or even buy a house, So, it is best for a judgment debtor to either pay the debt or find some legal procedures to remove the judgment.
How To Enforce A Judgment In Oregon
The enforcement or execution of a judgment is done by an entry of the judgment. When payments are due under the judgment, the judgment creditor may enforce it by execution. The court in which the judicial officer entered the judgment has the authority to enforce it. If the judgment is foreign, the court where it is first filed may enforce it in other circumstances.
The circuit court in a county where the judgment creditor resides can enforce a judgment entered in another county. All the creditor has to do, is file the transcript of the original judgment. Before the court where the debtor resides issues a writ of execution against any of the debtor’s real property, there must be a certified copy of the judgment or lien record abstract recorded with the county clerk.
The debtor filing for a money award must also attach an affidavit containing the names and addresses of both the judgment debtor and creditor. It must also contain a statement that the judgment debtor has not satisfied the judgment or applied for a stay of execution.
How To Collect A Judgment In Oregon
One way to collect a judgment in Oregon is by garnishment. It is a procedure by which a judgment creditor invokes the power of a court to take over the garnishable property of a debtor that is in the possession or control of a third party. To recover money this way, the creditor must obtain a writ of garnishment after recording the judgment. Usually, the writ contains information like the third party’s name, the last four digits of the debtor’s Social Security Number, and the amount subject to garnishment.
Another collecting procedure is a writ of execution. A writ of execution under § 18.860 allows a Sheriff to levy and sell the real or personal property of the judgment debtor and bring the proceeds to court for settlement of the judgment debt. The writ of execution must contain the name of the court, the parties, and the case number. There must also be a mailing address for the judgment creditor. The writ must also contain a description of the judgment and the amount owed, with interest.
What Happens if a Defendant Does Not Pay a Judgment in Oregon
If a defendant refuses to pay a judgment after the entry of a judgment, it can lead to bad consequences. The best options are to pay off the debt or file a motion to vacate if reasonable grounds exist. Otherwise, the judgment creditor may seize the debtor’s property, get and use an order of garnishment, and place a judgment lien on the person’s property. The longer the judgment debt remains unpaid, the more interest it gathers for the debtor to pay. It makes the total debt sum more than the initial monetary award of the court.
What Personal Property Can Be Seized in a Judgment in Oregon?
A judgment creditor may use any real property of the debtor to enforce the judgment. However, § 18.345 of the Oregon Revised Statutes prevents a judgment creditor from using the debtor’s personal items like books, pictures, musical instruments, and jewelry to settle the debt. Others include household goods, furniture, and utensils. The exemption provision also covers child support, spousal support, and disability benefit.
Oregon Judgment Interest Rate
In Oregon, the payable interest rate on judgments is nine percent per annum. It starts counting from the date of entry unless the judgment specifies another date. Judgment interest rates in Oregon also apply to attorney fees and costs entered as part of the judgment.
What is a Default Judgment?
If a party to a suit fails to appear in court, the court may enter a default judgment against the person under § 153.102 of the Oregon Revised Statutes. The result of a default judgment is an automatic win for the other party. However, the person who got the default judgment may appeal it if there are reasonable grounds to do so.
How to File a Motion To Set Aside Default Judgment in Oregon
§ 153.105 of the Oregon Revised Statutes covers the procedure for appealing a default judgment in Oregon, using a motion. All the person seeking to set aside the judgment must do is show that the absence was due to mistake, surprise, or excusable neglect. The person must also file the motion within a reasonable time, not more than a year after the entry of the judgment.
File Motion To Vacate Judgment in Oregon
Rule 71 of the Oregon Rules of Civil Procedure outlines the procedure a person who wants to vacate a court’s judgment must follow. There are many reasons why a court may vacate or set aside a judgment. Some of these reasons are clerical mistakes and newly discovered evidence.
A party may file a motion to vacate a judgment on the grounds of fraud, misconduct, or even where the judgment was void. Also, the judgment debtor may file a motion to vacate where the person has satisfied the judgment. The motion must have a pleading attached to it, and the party must make it within a reasonable time, not exceeding one year.
After filing the motion, the moving party may serve the motion on all parties. If the matter is already in the appeal court, the trial court can still hear the motion to vacate the judgment. The moving party will only have to file a copy of the trial court’s decision with the appeal court.
How To Remove An Abstract Of Judgment In Oregon
The provision that covers the removal of an abstract or judgment lien in Oregon is § 18.200. One way to remove an abstract is if the judgment creditor gives a release of lien document to the judgment debtor. This release document may be for a specific property or all real properties of the debtor in a county. Before the presentation, the judgment creditor may sign the document or get an attorney to do so. A notary public also must witness the signing of the ‘release of lien’ document.
After this, the creditor may file the ‘release of lien’ document with the court administrator, who shall note it in the register and judgment lien record. The purpose of a ‘release of lien’ document is to remove any lien that arises from the entry or recording of the judgment. Yet, filing a release document does not mean full or partial satisfaction with the judgment. For filing of the release of lien document, the court administrator will charge no fees.
Another way to remove an abstract of judgment in Oregon is to fulfill the debt conditions. Once the judgment debtor pays off the debt, the judgment lien or abstract will no longer apply to any of the debtor’s property.
How Long Is a Judgment Good For In Oregon
A judgment in Oregon exists till there is a satisfaction of the judgment or the judgment expires. Actions to collect a judgment debt are only good for ten years, after which the law considers the issue statute-barred. There is no provision in the Oregon Revised Statutes to extend the judgment for another length of years.
Oregon Judgment Statute of Limitations Law
The statute of limitation law in Oregon is § 18.180 of the Oregon Revised Statutes. Under § 18.180(3), a person may use the available methods of enforcing a judgment against a person for only ten years after the entry of the judgment. If the money award provides for future payment of money, the time limit starts counting from the date the future payment becomes due.
