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Oregon Revised Statutes Procedure in Civil Proceedings § 18.936

Current as of January 01, 2023 | Updated by Findlaw Staff

(1) A judgment creditor that requested issuance of a writ of execution may make oral bids for property to be sold at an execution sale. If the oral bid of the judgment creditor is the highest bid, the judgment creditor need not make any payment to the sheriff other than for:

(a) Any unpaid sheriff's fees for the execution sale;

(b) The amount of an exemption that the debtor claims and that the judgment creditor agrees to or that a court has determined applies to the property; and

(c) Any amount that the judgment creditor bids that:

(A) Exceeds the full amount, calculated as of the date of the execution sale, that is owing on the money award, for a judgment that includes a money award, plus the costs of the sale as described in ORS 18.950 (2) that the judgment creditor paid; or

(B) Exceeds the amount declared in the judgment, calculated as of the date of the execution sale, for a judgment that directs the sale of specific real or personal property, plus the costs of the sale as described in ORS 18.950 (2) that the judgment creditor paid.

(2)(a) A judgment creditor that requested issuance of a writ of execution may submit a written bid for property to be sold in an execution sale before the sale is conducted.

(b) A bid under paragraph (a) of this subsection may not be for more than:

(A) The full amount, calculated as of the date of the execution sale, that is owing on the money award, for a judgment that includes a money award, plus the costs of the sale that the judgment creditor may recover as provided in ORS 18.950 (2); or

(B) The amount declared in the judgment, calculated as of the date of the execution sale, for a judgment that directs the sale of specific real or personal property, plus the costs of the sale that the judgment creditor may recover as provided in ORS 18.950 (2).

(c) The sheriff must receive a bid under this subsection not less than 48 hours before the sale is conducted. The sheriff may rely on the judgment creditor's calculation of the amount due under the money award or the amount declared in the judgment and for the costs of sale. The sheriff is not required to make a separate calculation. If the written bid of the judgment creditor is the highest bid, the judgment creditor need not make any payment to the sheriff other than for:

(A) Any unpaid sheriff's fees for the execution sale; and

(B) The amount of an exemption that the debtor claims and that the judgment creditor agrees to or that a court has determined applies to the property.

(3) A judgment creditor that makes a bid under subsection (2) of this section may instruct the sheriff to accept any bid that matches the amount of the judgment creditor's bid.

(4) A written bid under subsection (2) of this section is irrevocable, but the judgment creditor that submits the written bid may make an oral bid at the time of the sale that is higher than the written bid.

(5) A judgment creditor that makes a bid under this section must notify the sheriff of any amounts included in the bid that are attributable to costs of sale under ORS 18.950 (2).

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Cite this article: FindLaw.com - Oregon Revised Statutes Procedure in Civil Proceedings § 18.936 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-2-procedure-in-civil-proceedings/or-rev-st-sect-18-936/

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