Oregon Release of Judgment Lien - Abstract of Judgment

State:
Multi-State
Control #:
US-OG-538
Format:
Word; 
Rich Text
Instant download

Description

If an owner of an interest in real property has had a judgment obtained against the owner, this form addresses a release of that judgment lien.

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FAQ

To garnish the wages of a debtor: Complete and file a ?Praecipe? form with the court. This form is available from the Trial Court Administrator's office. 2. Obtain the writ of garnishment forms and complete the necessary information.

An abstract judgment in real estate is also called a property lien. It's a lien against any real property you own in a particular county. This is separate from any mortgage that you may have taken out on the property.

In Oregon, the deadline is six years for a mortgage, medical or credit card debt, auto loans, and other contract debts. Unfortunately, state tax debt doesn't have a statute of limitation. Note that the statute of limitations doesn't start when you were last billed but starts with your last payment on your debt.

You must hire a levying officer (a registered process server or a sheriff's deputy) to collect your judgment. You cannot serve the Writ yourself. Look at the information you have about your debtor's assets. Then tell the levying officer about the assets and where they are.

If you have received a judgment and the defendant refuses to pay it, you may be able to have his or her wages or bank account garnished. The court does not provide garnishment forms. The forms may be purchased at a store that sells legal forms.

Unless the judgment is earlier satisfied or the judgment lien is released, a real property judgment lien typically remains in effect for 10 years from the date of entry of the judgment. See CCP § 697.310(b).

The judge's decision is final. Once you receive your notice that the judgment was entered, you must send the defendant a written demand for payment. This letter must be sent by certified mail, return receipt requested. The Oregon Judicial Department does not provide forms for demand letters.

A judgment lien is created automatically on any debtor property located in the Oregon county where the judgment is entered. For debtor property in another Oregon county, the creditor must record the judgment in the County Clerk Lien Record for the county where the property is located.

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Oregon Release of Judgment Lien - Abstract of Judgment