Or. Admin. Code § 137-100-0005

Current through Register Vol. 63, No. 12, December 1, 2024

Section 137-100-0005 - Definitions

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.

Or. Admin. Code § 137-100-0005

JD 7-1990(Temp), f. & cert. ef. 8-20-90; JD 10-1990, f. & cert. ef. 12-13-90; JD 12-1991, f. & cert. ef. 12-23-91; DOJ 6-2001, f. & cert. ef. 8-24-01

Stat. Auth.: ORS 137.452

Stats. Implemented: ORS 137.452