18.906 Motion for order authorizing sale of residential property
261 words·~1 min read·
/or/ors-chapter-18/judgments/execution-sale/18-906·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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]