Title 18 · ORS Chapter 18

18.075, 18.180 and 18.194 by sections 1 to 4 of this 2005 Act apply to judgments entered on or after the effective date of this 2005 Act [January 1, 2006]. [2005 c.618 �8(1)] �� 18.049 Adjustme

Citation: ORS 18.075

Section: 18.075

18.075, 18.180 and 18.194 by sections 1 to 4 of this 2005 Act apply to judgments entered on or after the effective date of this 2005 Act [January 1, 2006]. [2005 c.618 �8(1)]

�� 18.049 Adjustments to money awards. After entry of a judgment, the amount owing on the money award portion of a judgment shall be decreased by all payments made by or on behalf of the judgment debtor against the money award and shall be increased by interest accruing on the money award. In addition, the judgment creditor is entitled to recover the expenses specified in ORS 18.999 that are incurred by the judgment creditor in collecting on the judgment, in the manner provided by ORS 18.999. This section does not impose any duty on a court administrator to calculate the amount owing on the money award portion of a judgment. [2007 c.166 �5]

�� 18.050 [Amended by 1959 c.638 �6; repealed by 1981 c.898 �53]

�� 18.052 Duty of judge with respect to form of judgment document. (1) A judge rendering a judgment shall file with the court administrator a judgment document that incorporates the judgment. The judge must sign the judgment document unless the court administrator is authorized by law to sign the judgment document. Before signing a judgment document, the judge shall ensure that all requirements imposed by law for entry of the judgment have been fulfilled, including the making of any written findings of fact or conclusions of law. If a proposed judgment document submitted under ORS 18.035 does not comply with the requirements of ORS 18.038, 18.042 and 18.048, the judge may not sign the judgment document. If a proposed judgment document submitted under ORS 18.035 establishes parentage or includes a provision concerning support, but does not comply with the requirements of ORS 25.020 (8), the judge may not sign the judgment document. Unless the judgment is exempt under ORS 18.038 (2), the judge shall ensure that the title of the judgment document indicates whether the judgment is a limited judgment, general judgment or supplemental judgment. If the judgment is a limited judgment rendered under the provisions of ORCP 67 B, the judge must determine that there is no just reason for delay, but the judgment document need not reflect that determination if the title of the judgment document indicates that the judgment is a limited judgment.

�� (2) A court administrator who signs a judgment under authority granted by law has the same duties as a judge under the provisions of this section.

�� (3) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 �7; 2005 c.561 �1; 2005 c.568 �14; 2025 c.592 �109]

�� 18.058 Duty of court administrator with respect to form of judgment document. (1) Except as provided in subsection (2) of this section, the court administrator shall note in the register that a judgment document has been filed if the judgment document is signed by a judge of the court, or by the court administrator if the court administrator is authorized by law to sign the judgment document, and filed with the court administrator, whether or not the judgment document complies with the requirements of ORS 18.038, 18.042 and 18.048.

�� (2) If the title of a document filed with the court administrator indicates that the document is a decree, or indicates that the document is a judgment but fails to indicate whether the judgment is a limited judgment, general judgment or supplemental judgment, the court administrator may not note in the register that a judgment document has been filed, and shall return the document to the judge, unless the judgment is exempt under ORS 18.038 (2).

�� (3) The court administrator may rely on a judgment document for entry of information in the register. The court administrator is not liable for entering any information in the register that reflects information contained in a judgment document, whether or not the information in the judgment is correct or properly presented.

�� (4) The court administrator may rely on the presence or absence of a separate section in the judgment document required by ORS 18.042 or 18.048 in determining whether a judgment contains a money award. The court administrator shall enter information in the register and in the judgment lien record only from the separate section unless otherwise ordered by the court.

�� (5) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 �8; 2007 c.339 �3]

�� 18.060 [Amended by 1979 c.284 �51; repealed by 1981 c.898 �53]

�� 18.062 Use of electronic judgment forms. The provisions of this chapter do not affect the ability of the Chief Justice of the Supreme Court to authorize the use of electronic judgment forms pursuant to rules adopted under ORS 1.002 (2). [2005 c.568 �41]

�� 18.070 [Repealed by 1981 c.898 �53]

ENTRY OF JUDGMENTS IN REGISTER

�� 18.075 Entry of judgments in circuit courts generally. (1) A judgment is entered in circuit court when a court administrator notes in the register that a judgment document has been filed with the court administrator.

�� (2) Subject to ORS 18.058 (2), when a judge files a judgment document with the court administrator, the court administrator shall note in the register:

�� (a) That the judgment document has been filed and the day, hour and minute that the judgment is entered.

�� (b) Whether the judgment is a limited judgment, a general judgment or a supplemental judgment.

�� (c) Whether the judgment includes a money award.

�� (d) Whether the judgment creates a judgment lien under ORS 18.150.

�� (3) If the court administrator notes in the register that a judgment creates a judgment lien, the court administrator shall note in a judgment lien record maintained by the court administrator:

�� (a) The name of all judgment debtors.

�� (b) The name of all judgment creditors.

�� (c) The amount of the money award.

�� (d) Whether the money award includes a support award or an award of restitution.

�� (4) If the court administrator makes a notation of judgment in the judgment lien record, the court administrator shall thereafter also note in the judgment lien record:

�� (a) The date on which any appeal is filed.

�� (b) Whether a supersedeas undertaking, as defined in ORS 19.005, is filed.

�� (c) The date of any decision on appeal.

�� (d) Any execution issued by the court and the return on any execution.

�� (e) Any satisfaction of the judgment, when entered.

�� (f) Other such information as may be deemed necessary by court order or court rule.

�� (5) The court administrator shall enter a judgment in the register within 24 hours after the judgment document is filed with court administrator, excluding Saturdays and legal holidays. If the court administrator is not able to enter the judgment within the time prescribed in this subsection, or fails to do so, the court administrator shall enter the judgment as soon as practicable thereafter.

�� (6) Except as provided in ORS 18.058, the court administrator shall be subject to the direction of the court in entering judgments in the register.

�� (7) The court administrator shall not delay entry of judgment under ORCP 68 for taxation of attorney fees or costs and disbursements.

�� (8) Administrative orders entered in the register under ORS 25.529 have the effect provided for in that section.

�� (9) The State Court Administrator shall ensure that the register and the judgment lien record be established and maintained in a uniform manner in the circuit courts.

�� (10) References in Oregon Revised Statutes to docketing of a judgment are equivalent to entry of a judgment as described in subsection (1) of this section.

�� (11) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 �9; 2005 c.568 �15; 2005 c.618 �2; 2007 c.339 �2; 2011 c.398 �1]

�� Note: See note under 18.048.

�� 18.078 Notice of entry of judgment in circuit court civil action. (1) Upon entering a judgment in a civil action, or entry of any corrected judgment under ORS 18.107, the court administrator shall mail the notice described in subsection (2) of this section to the attorneys of record for each party that is not in default for failure to appear. If a party does not have an attorney of record, and is not in default for failure to appear, the court administrator shall mail the notice to the party. The court administrator shall note in the register that the notice required by this section was mailed as required by this section.

�� (2) The notice required by this section must reflect:

�� (a) The date the judgment was entered.

�� (b) Whether the judgment was entered as a limited judgment, a general judgment or a supplemental judgment.

�� (c) Whether the court administrator noted in the register that the judgment contained a money award.

�� (d) Whether the court administrator noted in the register that the judgment creates a judgment lien.

�� (3) This section does not apply to justice courts, municipal courts or county courts performing judicial functions.

�� (4) This section does not apply to judgments in juvenile proceedings under ORS chapter 419A, 419B or 419C, civil commitment proceedings, probate proceedings, adoptions or guardianship or conservatorship proceedings under ORS chapter 125. [2003 c.576 �10; 2005 c.568 �16]

�� 18.080 [Amended by 1971 c.365 �1; repealed by 1981 c.898 �53]

�� 18.082 Effect of entry of judgment. (1) Upon entry of a judgment, the judgment:

�� (a) Becomes the exclusive statement of the court�s decision in the case and governs the rights and obligations of the parties that are subject to the judgment;

�� (b) May be enforced in the manner provided by law;

�� (c) May be appealed in the manner provided by law;

�� (d) Acts as official notice of the court�s decision; and

�� (e) May be set aside or modified only by the court rendering the judgment or by another court or tribunal with the same or greater authority than the court rendering the judgment.

�� (2) A general judgment incorporates a previous written decision of the court that decides one or more requests for relief in the case and that:

�� (a) Is not a judgment;

�� (b) Is consistent with the terms of the general judgment and any limited judgments in the case; and

�� (c) Reflects an express determination by the court that the decision be conclusive as to the requests for relief that are resolved.

�� (3) Upon entry of a general judgment, any request for relief in the action that is not decided by the general judgment or by a previous limited judgment, that has not been incorporated into the general judgment under subsection (2) of this section, or that cannot be decided by a supplemental judgment, is dismissed with prejudice unless the judgment provides that the dismissal is without prejudice.

�� (4) Subsection (3) of this section does not affect the right of any party to assign error on appeal to any decision of a court made by order during an action.

�� (5) Subsection (3) of this section does not apply to a general judgment of dismissal. Except as otherwise provided by law, by the Oregon Rules of Civil Procedure or by the terms of the judgment, a general judgment of dismissal is without prejudice as to any request for relief in the action.

�� (6) If a document labeled as a decree is filed with the court administrator, or a judgment document is filed with the court administrator that does not indicate whether the judgment is a limited, general or supplemental judgment, and the court administrator fails to comply with ORS 18.058 and makes an entry in the register indicating that a judgment has been filed with court administrator, the document has the effect of a general judgment entered in circuit court. [2003 c.576 �11; 2005 c.568 �17]

�� 18.090 [Amended by 1979 c.284 �52; repealed by 1981 c.898 �53]

�� 18.100 [Repealed by 1981 c.898 �53]

�� 18.105 [1975 c.106 �1; 1977 c.208 �2; repealed by 1979 c.284 �199]

CORRECTIONS TO JUDGMENTS

�� 18.107 Corrections to civil judgments. (1) A court may correct the terms of a civil judgment previously entered as provided in ORCP 71. The court may make the correction by signing a corrected judgment document and filing the document with the court administrator. The title of the judgment document must reflect that the judgment is a corrected limited judgment, corrected general judgment or a corrected supplemental judgment.

�� (2) Unless a correction to a judgment affects a substantial right of a party, the time for appeal of the judgment commences upon entry of the original judgment.

�� (3) If the correction of a judgment affects a substantial right of a party, and the corrected judgment is entered before the time for appealing the original judgment has expired, the time for appeal of the judgment commences upon entry of the corrected judgment. If the correction affects a substantial right of a party, and the corrected judgment is entered after the time for appealing the original judgment has expired, the time for appeal of the corrected portions of the judgment and all other portions of the judgment affected by the correction commences upon entry of the corrected judgment.

�� (4) This section does not apply to justice courts, municipal courts or county courts performing judicial functions.

�� (5) This section does not apply to juvenile proceedings under ORS chapter 419B. [2003 c.576 �12]

�� 18.110 [Repealed by 1981 c.898 �53]

�� 18.112 Correction of designation of judgment as general judgment. (1) Upon motion of any party, the court may enter a corrected judgment under ORS 18.107 that changes the designation of a judgment from a general judgment to a limited judgment if the moving party establishes that:

�� (a) Except by operation of ORS 18.082 (3), the judgment does not decide all requests for relief in the action other than requests for relief previously decided by a limited judgment or requests for relief that could be decided by a supplemental judgment; and

�� (b) The judgment was inadvertently designated as a general judgment under circumstances that indicate that the moving party did not reasonably understand that the requests for relief that were not expressly decided by the judgment would be dismissed.

�� (2) A motion under subsection (1) of this section must be filed within the time provided by ORCP 71 B.

�� (3) Upon motion of any party, the court shall enter a corrected judgment under ORS 18.107 that changes to a limited judgment any document that has the effect of a general judgment under the provisions of ORS 18.082 (6) unless all requests for relief in the action are decided by the terms of the document, by previous limited judgments entered in the action or by written decisions of the court that are incorporated in a general judgment under the provisions of ORS 18.082 (2).

�� (4) Notwithstanding ORS 18.107, the time for appeal of the judgment corrected under this section commences from the entry of the corrected judgment. A motion may be filed under this section while an appeal is pending as provided in ORCP 71 B(2).

�� (5) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 �13; 2005 c.568 �18]

�� 18.115 [1975 c.623 �12; 1979 c.284 �53; repealed by 1981 c.898 �53]

�� 18.120 [Repealed by 1981 c.898 �53]

�� 18.125 [1977 c.208 �3; repealed by 1981 c.898 �53]

�� 18.130 [Repealed by 1977 c.208 �5]

�� 18.135 [Formerly 15.100; repealed by 1981 c.898 �53]

�� 18.140 [Amended by 1957 c.348 �1; 1973 c.207 �2; repealed by 1979 c.284 �199]

JUDGMENT LIENS

�� 18.150 Judgment liens in circuit courts. (1) If a judgment document filed with a court administrator under ORS 18.075 (2) includes a money award and complies with ORS 18.042 (1) or 18.048 (1), the court administrator shall note in the register of a circuit court that the judgment creates a judgment lien unless:

�� (a) The judgment is entered in the small claims department of a circuit court in an amount of less than $3,000, exclusive of costs, and the judgment creditor has not created a judgment lien for the judgment as provided in ORS 46.488;

�� (b) The judgment is entered in a criminal action for conviction of a violation, and the court does not order under ORS 18.048 (4) that the judgment creates a judgment lien;

�� (c) The judgment is entered under ORS 153.820; or

�� (d) The judgment does not create a lien by operation of other law.

�� (2) Except as provided in this section, if the court administrator notes in the register that a judgment creates a judgment lien, the judgment has the following effect in the county in which the judgment is entered:

�� (a) When the judgment is entered, the judgment lien attaches to all real property of the judgment debtor in the county at that time; and

�� (b) The judgment lien attaches to all real property that the judgment debtor acquires in the county at any time after the judgment is entered and before the judgment lien expires.

�� (3) Except as provided in this section, if the court administrator notes in the register that a judgment creates a judgment lien and the judgment contains a support award, the support award portion of the judgment has the following effect in the county in which the judgment is entered:

�� (a) Any lump sum support award existing when the judgment is entered creates a support arrearage lien and has the effect specified by subsection (2) of this section;

�� (b) When an installment becomes due under the terms of the support award and is not paid, a support arrearage lien for the unpaid installment attaches to all real property of the judgment debtor in the county at that time; and

�� (c) When an installment becomes due under the terms of the support award and is not paid, a support arrearage lien attaches to all real property that the judgment debtor thereafter acquires in the county for the purpose of enforcing the unpaid installment, and remains attached to that property until satisfaction is made for the installment or the judgment lien arising from support award portion of the judgment expires.

�� (4) Real property may be conveyed or encumbered free of a judgment lien created by the support award portion of a judgment, but the conveyance or encumbrance is subject to any support arrearage lien that attached to the real property under this section or ORS 18.152.

�� (5) A judgment lien does not attach to any real property of a judgment debtor acquired after the debt giving rise to the judgment is discharged under federal bankruptcy laws. Debts are presumed to have not been discharged in bankruptcy until the judgment debtor establishes that the debt has been discharged.

�� (6) A court administrator may rely on the judgment document to determine whether a judgment creates a judgment lien.

�� (7) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. [2003 c.576 �14; 2005 c.568 �19]

�� 18.152 Establishing judgment liens in other counties. (1) At any time after a judgment that creates a judgment lien is entered under ORS 18.150 and before the expiration of the judgment remedies for the judgment, a judgment creditor may create a judgment lien for the judgment in any other county of this state by recording the judgment in the County Clerk Lien Record for that county. The judgment may be recorded by recording a certified copy of the judgment document or a lien record abstract for the judgment.

�� (2) Except as provided in this section, a judgment recorded under this section has the following effect in the county in which the judgment is recorded:

�� (a) When the judgment is recorded, the judgment lien attaches to all real property of the judgment debtor in the county at that time; and

�� (b) The judgment lien attaches to all real property that the judgment debtor acquires in the county at any time after the judgment is recorded and before the judgment lien expires.

�� (3) Except as provided in this section, if a judgment recorded under this section contains a support award, the support award portion of the judgment has the following effect in the county in which the judgment is recorded:

�� (a) When the judgment is recorded, a support arrearage lien attaches to all real property of the judgment debtor in the county at that time for any unpaid lump sum support award contained in the judgment or any unpaid installment that became due under the terms of the support award before the judgment was recorded.

�� (b) A support arrearage lien for any unpaid lump sum support award contained in the judgment or any unpaid installment that became due under the terms of the support award before the judgment was recorded attaches to all real property that the judgment debtor acquires in the county at any time after the judgment is recorded and before full satisfaction is made for the lump sum or installment or the judgment lien of the support award portion of the judgment expires.

�� (c) If an installment becomes due under the terms of the support award and is not paid after the judgment is recorded, a support arrearage lien for the installment attaches to all real property of the judgment debtor in the county at the time the installment becomes due and attaches to all real property that the judgment debtor thereafter acquires in the county until full satisfaction is made for the installment or the judgment lien of the support award portion of the judgment expires.

�� (4)(a) If a certificate of extension is filed under ORS 18.182, and the certificate is filed before the judgment is recorded under this section, a judgment creditor may record a certified copy of the certificate or a lien record abstract for the certificate with the judgment. The recording shall act to extend the judgment lien of a judgment, and any support arrearage lien, in the county for the time provided in ORS 18.180 to 18.190.

�� (b) If a certificate of extension is filed under ORS 18.182, and the certificate is filed after the judgment is recorded under this section, a judgment creditor may record a certified copy of the certificate or a lien record abstract for the certificate in the County Clerk Lien Record in any county in which the judgment has been recorded under subsection (1) of this section. If the recording is made before the time that the judgment lien for the judgment would otherwise have expired under ORS 18.180 to 18.190, the recording extends the judgment lien of the judgment, without loss of priority, for the time provided in ORS 18.180 to 18.190. If the recording is made after the time that the judgment lien for the judgment would otherwise have expired under ORS 18.180 to