Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 100 - SATISFACTION OF JUDGMENTS › Section 137-100-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of these rules the following definitions
				apply:
(1) "Applicant" -- A criminal
			 defendant or an interested person seeking a Satisfaction of Judgment or a
			 Release of Judgment.
(2) "Costs of
			 Sale" -- Those costs incurred directly from the sale of a specific parcel of
			 real property, including, but not limited to, advertising fees, listing fees,
			 commissions, and filing, wire service, recordation, or other related
			 fees.
(3) "Court Clerk" -- The
			 trial court administrator or trial court clerk of the district or circuit court
			 in which the original judgment was entered and shall include any person to whom
			 the duties of that office lawfully are delegated. ORS
			 8.185 et seq.
(4) "County Clerk" -- The clerk or clerks of
			 the county or counties in which a judgment is recorded in the County Clerk Lien
			 Records. ORS 205.010 et seq.
(5) "Defendant" -- The person named in the
			 district or circuit court judgment as the "defendant" who is ordered by that
			 judgment to pay a monetary obligation.
(6) "Equity" -- The difference of the sale
			 price and the debt in the property after commissions given for the homestead
			 exemption pursuant to ORS
			 23.240(1).
(7) "Expenses" -- Costs, other than costs of
			 sale, incurred in connection with a specific parcel of real property.
(8) "Issuer of Releases" -- The State of
			 Oregon is the judgment creditor in a criminal matter in which a money judgment
			 is ordered. "Issuer of Release" refers to the person, agency or entity or
			 entities authorized by the Attorney General to issue a release of judgment from
			 a specific parcel of real property when the money judgment is not satisfied.
			 ORS 137.452.
(9) "Issuer of Satisfactions" -- The State of
			 Oregon is the judgment creditor in a criminal matter in which a money judgment
			 is ordered. "Issuer of Satisfactions" refers to the person, agency or entity or
			 entities authorized by the Attorney General to issue a partial or full
			 satisfaction of judgment after payment of the monetary amounts assessed in the
			 money judgment portion of a criminal judgment. ORS
			 137.452.
(10) "Judgment Docket" -- The record where
			 the clerk of the circuit or district court dockets the money judgment portions
			 of a criminal judgment.
(11) "Money
			 Judgment" -- The portion of a judgment issued by a district or circuit court in
			 a criminal proceeding requiring the defendant to pay a sum of money as a
			 criminal fine, forfeiture, compensatory fine, restitution, unitary assessment,
			 costs, forfeited bail, reward reimbursement, county assessment and any other
			 monetary obligation. ORS
			 137.071.
(12) "Payment" -- Payment shall mean receipt
			 of cash or actual deposit of funds in the Trial Court Administrator/Trial Court
			 Clerk's account. When payment is by check, draft or other negotiable
			 instrument, such payment is not considered final until the negotiable
			 instrument is accepted and paid.
(13) "Prosecuting Agency" -- The office or
			 agency, such as the District Attorney, the City Attorney or the Attorney
			 General, which prosecuted the original criminal action in the district or
			 circuit court as identified in the judgment.
(14) "Release of Judgment" -- A document
			 appropriate for filing in the court clerk records or County Clerk Lien Records
			 issued by the Issuer of Releases as provided by these rules which legally
			 releases the judgment lien from a specific parcel of real property in which the
			 named defendant had or has an interest when the money judgment is not
			 satisfied. ORS 137.452.
(15) "Satisfaction of Judgment" -- A document
			 appropriate for filing in the court clerk records or County Clerk Lien Records
			 issued by the Issuer of Satisfaction as provided by these rules which legally
			 releases the judgment lien from the property in which the named defendant had
			 or has an interest. A partial satisfaction of judgment may be issued when less
			 than the full amount of the monetary obligation has been paid. ORS
			 137.452.
Stat. Auth.: ORS
				  137.452
Stats. Implemented: ORS
				  137.452