reglab/housing_qa huggingface dataset:
OR Rev Stat § 18.878 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.878 - Manner of levying on property.

(1) Upon receipt of a writ of execution, the sheriff shall indorse upon the writ of execution the time when the sheriff received the writ. The sheriff shall then levy on property pursuant to the writ of execution and the instructions provided to the sheriff under ORS 18.875 by doing all of the following: (a) Filing a notice of levy with the court if real property is to be sold under the writ, or if residential property as described in ORS 18.901 (2), (3) or (4) is to be sold under the writ. (b) Seizing any tangible personal property that the sheriff has not been instructed to secure in the manner provided by ORS 18.880. (c) Securing any tangible personal property in the manner provided by ORS 18.880 if the sheriff has been instructed to secure the property in that manner. (d) Filing a notice of levy with the court in the manner provided by ORS 18.884 if the sheriff has been instructed to sell intangible personal property. (e) Securing and delivering possession of property if the writ requires that property be delivered under the writ. (2) When a sheriff levies on personal property in any manner described in subsection (1) of this section, the interest of the judgment creditor in the personal property is the same as that of a secured creditor with an interest in the property perfected under ORS chapter 79. [2005 c.542 §8; 2007 c.166 §12]
OR Rev Stat § 18.880 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.880 - Alternative procedure for levying on tangible personal property.

(1) If a sheriff is instructed to secure tangible personal property under this section, the sheriff shall leave the property in the custody of the judgment debtor. (2) The sheriff shall attach a notice to the property in substantially the following form: ______________________________________________________________________________ NOTICE: This property is to be sold by the sheriff pursuant to a writ of execution. Any person who moves this property from this place without authorization from the sheriff, who damages this property or who uses property that the sheriff has rendered inoperable without authorization from the sheriff, commits a crime and is subject to prosecution. If you have any questions, you should contact the Sheriff of _____ County. [ ] If this box has been checked, the sheriff has rendered the property inoperable and the property may not be used by any person without the authorization of the sheriff. ______________________________________________________________________________ (3) A sheriff is not liable to the judgment creditor, to the judgment debtor or to any other person for any loss or damage to property that is secured in the manner provided by this section. [2005 c.542 §9]
OR Rev Stat § 18.882 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.882 - Criminal penalty for moving, using or damaging secured property.

A judgment debtor or other person commits a Class A misdemeanor if the person knows that a notice has been attached to property secured under ORS 18.880 and the person: (1) Moves the property without authorization from the sheriff; (2) Damages the property; or (3) If the sheriff has rendered the property inoperable, uses the property without authorization from the sheriff. [2005 c.542 §10]
OR Rev Stat § 18.884 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.884 - Levying on intangible personal property.

(1) A sheriff shall file a notice of levy on intangible property with the court upon receiving the instructions directing the sale of intangible personal property unless the sheriff is provided with an order entered under subsection (3) of this section. The notice shall identify the nature of the property to be sold. (2) A judgment creditor may seek an ex parte order from the court for the purpose of determining whether property to be levied on is tangible or intangible. (3) A judgment creditor may seek an ex parte order from the court directing the manner in which intangible personal property may be secured by the sheriff. The court shall approve the order if the proposed manner of securing the property is reasonable under the circumstances. The judgment creditor must attach a copy of the order to instructions provided to the sheriff under ORS 18.875. The sheriff shall file a notice of levy with the court upon securing the property in the manner directed by the order. [2005 c.542 §11; 2007 c.166 §14]
OR Rev Stat § 18.886 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.886 - Creditor’s bond.

(1) Before levying on personal property a sheriff may require that the judgment creditor file with the sheriff a good and sufficient bond or irrevocable letter of credit indemnifying the sheriff against any loss to the sheriff by reason of levying on or selling the property if: (a) The sheriff has identified a specific person other than the judgment debtor who claims an interest in the property to be levied on; or (b) The property is perishable. (2) If a sheriff has reasonable doubt as to the ownership of personal property, or if any encumbrances are asserted against the property, the sheriff may require a bond or irrevocable letter of credit as described in subsection (1) of this section before levying on the property unless: (a) The judgment creditor delivers to the sheriff a copy of a title document or report for the property issued by a state or federal agency that shows that the judgment debtor is the sole owner of the property; or (b) If there is no title document for the property to be levied on, the judgment creditor delivers to the sheriff a record, prepared under ORS 79.0523 (4) by a filing office described in ORS 79.0501, showing that no financing statement or lien, or certificate or notice affecting a lien, is in effect for the property to be levied on. (3) The sheriff may not require a bond or irrevocable letter of credit under this section if the writ of execution directs the sale or delivery of specific personal property pursuant to the terms of the judgment. (4) A bond or irrevocable letter of credit under this section must be for double the amount of the value of the property to be levied on, as estimated by the sheriff. [2005 c.542 §12; 2007 c.166 §18]
OR Rev Stat § 18.887 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.887 - Forcible entry for purpose of levying on personal property.

(1) A sheriff may forcibly enter a structure or other enclosure for the purpose of levying on personal property only pursuant to an order issued by the court under this section. (2) A judgment creditor may at any time file an ex parte motion requesting a court order directed to a sheriff that authorizes the sheriff to use force to enter a structure or other enclosure for the purpose of levying on personal property pursuant to a writ of execution. Except as provided in ORS 18.255, the motion must be filed with the court in which the judgment was entered. The motion must identify the specific structure or other enclosure to be entered and must contain a declaration under penalty of perjury made in the manner described by ORCP 1 E, or an unsworn declaration made in the manner described in ORS 194.800 to 194.835, if the declarant is physically outside the boundaries of the United States, that reflects facts supporting the judgment creditor’s good faith belief that personal property subject to a writ of execution is located within the structure or other enclosure. (3) An order issued under this section shall direct the sheriff to use all force reasonably necessary to enter the structure or other enclosure and levy on personal property pursuant to a writ of execution. (4) A judgment creditor may deliver a copy of an order issued under this section to a sheriff with a writ of execution, or at any time after a writ of execution is delivered to a sheriff. A sheriff may rely on the copy of the order in entering a structure or other enclosure for the purpose of levying on personal property pursuant to a writ of execution. [2007 c.166 §11; 2013 c.218 §10]
OR Rev Stat § 18.888 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.888 - Notice of levy.

(1) After levying on property, a sheriff shall mail or deliver a copy of the writ of execution to each judgment debtor. If the writ is issued pursuant to an in rem judgment against personal property, the sheriff shall mail or deliver a copy of the writ to the person from whom the property was seized. If the writ is issued pursuant to an in rem judgment against real property, the sheriff shall mail or deliver a copy of the writ to the occupants of the property. The sheriff shall mail the copy of the writ to the addresses included in the instructions to the sheriff. If the judgment creditor has not provided an address for a person, the sheriff need not mail a copy of the writ to the person. (2) If the sheriff has levied on intangible property, in addition to the copy of the writ required under subsection (1) of this section, the sheriff shall mail or deliver to the persons described in subsection (1) of this section a copy of the notice of levy filed with the court pursuant to ORS 18.878 (1)(d). (3) Unless the writ directs the sheriff to sell or deliver specific real or personal property pursuant to the terms of the judgment, in addition to the copy of the writ required under subsection (1) of this section the sheriff shall mail or deliver to each judgment debtor: (a) A copy of the notice of levy or a statement of the date and time of the levy; and (b) A challenge to execution form as provided by ORS 18.896. [2005 c.542 §13; 2007 c.166 §13; 2011 c.195 §10]
OR Rev Stat § 18.890 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.890 - Debtor’s bond.

If a sheriff is instructed by a judgment creditor to levy on tangible personal property by seizing the property for later sale or by securing the property under ORS 18.880 for later sale, the sheriff may permit the judgment debtor to retain custody and use of all or part of the property until the sale is made if the judgment debtor files with the sheriff a good and sufficient bond or irrevocable letter of credit indemnifying the sheriff against any loss to the sheriff by reason of failure of the judgment debtor to deliver the property at the time and place of sale. The bond or irrevocable letter of credit must be in an amount equal to twice the value of the property, as estimated by the sheriff. A sheriff is not discharged from liability to the judgment creditor for property by reason of the filing of a bond or letter of credit under this section. [2005 c.542 §14]
OR Rev Stat § 18.892 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 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: (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]
OR Rev Stat § 18.894 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.894 - Notice of challenge to execution.

Without unreasonable delay, a court administrator who has received a challenge to execution under ORS 18.892 shall provide written notice of the challenge to all sheriffs for counties to which writs of execution have been issued and no return made, and to the person that requested issuance of the writ. The notice may include the notice of hearing required by ORS 18.898. [Formerly 18.508]
OR Rev Stat § 18.898 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.898 - Hearing on challenge to execution.

(1) A challenge to execution shall be adjudicated in a summary manner at a hearing before the court with authority over the writ of execution. Upon receipt of a challenge to execution, the court administrator shall immediately set a hearing date and send notice of the hearing to the judgment debtor and the judgment creditor. The hearing shall be held as soon as possible. The sheriff may not sell any property that is described in the challenge to execution until the court has issued a decision on the challenge, and the time for making a return on the writ is suspended until the decision is made or the sale completed, whichever is later. The sheriff shall not delay sale if the judgment debtor has filed the challenge to execution in violation of ORS 18.892 (2). (2) Hearings on a challenge to execution may be held by telecommunication devices. (3) The judgment debtor has the burden to prove timely delivery of a challenge to execution under ORS 18.892. [Formerly 18.515]
OR Rev Stat § 18.899 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.899 - Sanctions.

A court may impose sanctions against any person who files a challenge to execution in bad faith. The sanctions a court may impose under this section are a penalty of not more than $100 and responsibility for attorney fees under ORS 20.105. [Formerly 18.518]
OR Rev Stat § 18.900 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.900

[2001 c.249 §81; 2003 c.85 §23; 2003 c.578 §3; 2003 c.663 §3; 2005 c.336 §3; renumbered 18.854 in 2005]
OR Rev Stat § 18.901 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.901 - Definition of residential property.

For the purposes of this section and ORS 18.904, 18.906, 18.908 and 18.912, "residential property" means any of the following property: (1) Real property on which no more than four units designed to be used as dwellings are located. (2) A condominium unit that is designed to be used as a dwelling and that is not being held as inventory for sale or lease in the regular course of business. (3) A manufactured dwelling as defined by ORS 446.003 that is not being held as inventory for sale or lease in the regular course of business. (4) A floating home as defined in ORS 830.700 that is not being held as inventory for sale or lease in the regular course of business. [2005 c.542 §15]
OR Rev Stat § 18.902 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.902

[2001 c.249 §§82,82a; 2002 s.s.3 c.7 §2; 2003 c.75 §22; renumbered 18.855 in 2005]
OR Rev Stat § 18.904 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.904 - Order required for sale of residential property; exceptions.

(1) If the judgment debtor is a natural person, residential property may be sold under a writ of execution only after the entry of a court order authorizing the sale. (2) This section does not apply to writs of execution that direct the sheriff to sell specific property pursuant to the terms of the judgment. (3) This section does not apply to a writ of execution issued to enforce a judgment foreclosing: (a) A construction lien for work, labor or material done or furnished exclusively for the improvement of the property to be sold; (b) A lawfully executed purchase money lien against the property to be sold; or (c) A lawfully executed mortgage or trust deed on the property to be sold. [2005 c.542 §16]
OR Rev Stat § 18.905 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.905

[2001 c.249 §83; renumbered 18.857 in 2005]
OR Rev Stat § 18.906 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.906 - Motion for order authorizing sale of residential property.

(1) A judgment creditor may file a motion with a court requesting an order authorizing the sheriff to sell residential property. The motion must be filed with a court that has authority to issue a writ of execution for the judgment. The motion must include a statement that does all of the following: (a) Indicates the amount of the money award or money awards, as reflected in the judgment or judgments. (b) Indicates the amount owing on the money award or money awards on the date the motion is filed. (c) Indicates whether any of the money awards arise out of an order or judgment for child support as described in ORS 18.398. (d) Identifies the residential property to be sold by legal description and by street address, if any. (e) Indicates whether the property is a homestead. If the property is a homestead, the motion must allege facts showing that the homestead may be sold on execution. (2) A motion under this section must be accompanied by an affidavit disclosing the basis of the allegations contained in the motion. If the judgment creditor relies on more than one judgment to support the order, the motion must be accompanied by copies of all other judgments on which the judgment creditor relies. (3) A court shall promptly schedule a hearing on a motion filed under this section. In setting the hearing the court shall allow adequate time to allow service on the judgment debtor under ORS 18.908. [2005 c.542 §17; 2011 c.429 §3]
OR Rev Stat § 18.908 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.908 - Notice of motion for order authorizing sale of residential property.

(1) At least 10 days before the hearing on a motion filed under ORS 18.906, the judgment creditor must: (a) Serve the judgment debtor in the manner provided by ORCP 7 with a copy of the motion and the supporting affidavit, and with a notice of the time and place of the hearing; and (b) Send a copy of the motion and the notice by first class mail to the property at the mailing address for the property. (2) The notice required by subsection (1) of this section must be in substantially the following form: ______________________________________________________________________________ NOTICE OF HEARING ON SHERIFF’S SALE OF YOUR PROPERTY This is to notify you that _____ has asked the court to order the sheriff to sell property located at _________ to satisfy a judgment against _____. Before deciding whether to order the sale, the court will hold a hearing on _____, 2___, at ______ a.m./p.m., in Room _____, ______. The law provides that property is your homestead if the property is actually used as a home by you, your spouse, a dependent parent or a dependent child. If you are temporarily absent from the property but intend to move back in, the property is still your homestead. The law provides that if the property is your homestead, then $_____ of its value may not be taken to satisfy a judgment against you. In addition, a homestead usually may not be sold to satisfy a judgment for $3,000 or less. The law provides that property may be sold despite the fact that it is your homestead and all of its value may be taken to satisfy a judgment against you if the judgment is for child support. IF YOU WISH TO PROTECT THIS PROPERTY FROM A SHERIFF’S SALE, YOU SHOULD COME TO THE COURT HEARING. IF YOU HAVE ANY QUESTIONS, YOU SHOULD SEE A LAWYER AT ONCE. If you do not own this property, please give this notice and the papers served with it to the owner. ______________________________________________________________________________ [2005 c.542 §18; 2009 c.612 §7]
OR Rev Stat § 18.910 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.910

[Formerly 29.367; 2003 c.576 §572a; 2005 c.542 §67; 2005 c.702 §95; renumbered 18.999 in 2005]
OR Rev Stat § 18.912 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 018 - Judgments|Section 18.912 - Hearing on motion for order authorizing sale of residential property.

(1) Whether or not the judgment debtor appears at the hearing, the court shall inquire as to the facts alleged in a motion filed under ORS 18.906 and make a summary determination on the motion. (2) The court shall authorize sale of the property pursuant to a motion filed under ORS 18.906 unless the court finds: (a) That the property is the homestead of the judgment debtor; (b) That the judgment is subject to the homestead exemption; and (c) That the amount of the judgment or judgments was $3,000 or less at the time of entry of the judgment or judgments as described in ORS 18.395 (7). (3) If the court authorizes the sale of residential property, the order must state whether the homestead exemption applies to the property. If the homestead exemption does apply to the property, the order must state the allowed amount of the exemption. (4) If the court authorizes the sale of residential property, the judgment creditor may recover the costs of service of the motion and notice under ORS 18.908 as part of the costs of the sale. [2005 c.542 §19; 2009 c.612 §8]