Current through 2024 Regular Session legislation
Section 18.182 - Extension of judgment remedies(1) Judgment remedies for a judgment may be extended by filing a certificate of extension in the court that entered the judgment. The court administrator shall enter the certificate in the register of the court and in the judgment lien record. Except as provided in ORS 18.180 to 18.190, a judgment creditor may file a certificate of extension only if: (a) Judgment remedies for the judgment have not expired under ORS 18.180; and(b) A full satisfaction document for the money award portion of the judgment has not been filed.(2) Notwithstanding subsection (1) of this section, if the judgment debtor has been discharged from debt under federal bankruptcy laws, a certificate of extension may not be filed except as provided in this subsection. Judgments are presumed to have not been discharged in bankruptcy until the judgment debtor establishes that the judgment has been discharged. If the judgment debtor is discharged from a debt, a certificate of extension may be filed if: (a) The debtor owned real property and the judgment lien attached to that property before the filing of the bankruptcy petition;(b) The judgment lien was not avoided by action of the bankruptcy court;(c) The judgment lien has not been discharged under ORS 18.238; and(d) The certificate of extension includes a legal description of the real property and a statement that the extension affects only the lien on the real property described in the certificate.(3) A certificate of extension must be signed by the judgment creditor, or by an attorney who represents the judgment creditor.(4) Subject to ORS 18.190, if a certificate of extension is filed after the date on which the judgment remedies for the judgment expire under ORS 18.180, the certificate has no effect.(5) The judgment remedies for a judgment that are extended under the provisions of this section expire 10 years after the certificate of extension is filed. Judgment remedies for a judgment may be extended only once under the provisions of this section.(6) A certified copy of a certificate of extension, or a lien record abstract for the certificate, may be recorded in any county in which the judgment was recorded under ORS 18.152, with the effect provided by ORS 18.152(4).(7) Except as provided in ORS 18.185 and 18.190, the judgment remedies for the support award portion of a judgment, and any lump sum money award for unpaid child support installments, may not be extended under this section.(8) The judgment remedies for a judgment in a criminal action may not be extended under this section.(9) This section does not apply to justice courts, municipal courts or county courts performing judicial functions. Amended by 2015 Ch. 212,§ 23, eff. 6/2/2015. 2003 c. 576, § 19; 2007 c. 339, § 5