ORS Chapter 24

OREGON STATUTES AND CODES

Chapter 24 — Enforcementand Recognition of Foreign Judgments;

Foreign-MoneyClaims

2009 EDITION

FOREIGNJUDGMENTS; FOREIGN-MONEY CLAIMS

PROCEDUREIN CIVIL PROCEEDINGS

UNIFORMENFORCEMENT OF FOREIGN JUDGMENTS ACT

24.105 Definitionsfor ORS 24.105 to 24.125, 24.135 and 24.155 to 24.175

24.115 Filingof foreign judgment; effect

24.125 Noticeof filing of judgment; delay in enforcement

24.129 Certificationof filing in single court; filing of certified copy or lien record abstract forother counties

24.135 Groundsfor staying enforcement of judgment; security for satisfaction of judgment

24.140 Interestand costs

24.150 Satisfactionof judgment; filing

24.155 Optionalprocedure

24.165 Constructionof ORS 24.105 to 24.125, 24.135 and 24.155 to 24.175

24.175 Shorttitle

FOREIGNRESTRAINING ORDERS

24.190 Foreignrestraining orders

UNIFORMFOREIGN-MONEY CLAIMS ACT

24.260 Definitionsfor ORS 24.260 to 24.335

24.265 Scopeof application of ORS 24.260 to 24.335

24.270 Variationof application by agreement

24.275 Determiningproper money of the claim

24.280 Determiningamount of money of certain contract claims

24.285 Assertingand defending foreign-money claim

24.290 Judgmentsand awards on foreign-money claims; times of money conversion; form ofjudgment; post-judgment enforcement

24.295 Conversionsof foreign money in distribution proceeding

24.300 Prejudgmentand judgment interest

24.305 Enforcementof foreign judgments

24.310 DeterminingUnited States dollar value of foreign-money claims for limited purposes

24.315 Effectof currency substitution

24.320 Supplementarygeneral principles of law

24.325 Uniformityof application and construction

24.330 Severability

24.335 Shorttitle

UNIFORMFOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT

24.350 Definitionsfor ORS 24.350 to 24.400

24.355 Applicabilityto judgments

24.360 Standardsfor recognition of foreign-country judgment

24.365 Personaljurisdiction

24.370 Procedurefor recognition of foreign-country judgment

24.375 Effectof recognition of foreign-country judgment

24.380 Stayof proceedings pending appeal of foreign-country judgment

24.385 Statuteof limitations

24.390 Uniformityof interpretation

24.395 Savingclause

24.400 Shorttitle

24.010 [1955 c.647 §1;repealed by 1979 c.577 §8]

24.020 [1955 c.647 §2;repealed by 1979 c.577 §8]

24.030 [1955 c.647 §3;repealed by 1979 c.577 §8]

24.040 [1955 c.647 §4;repealed by 1979 c.577 §8]

24.050 [1955 c.647 §5;repealed by 1979 c.577 §8]

24.060 [1955 c.647 §6;repealed by 1979 c.577 §8]

24.070 [1955 c.647 §7;repealed by 1979 c.577 §8]

24.080 [1955 c.647 §8;repealed by 1979 c.577 §8]

24.090 [1955 c.647 §9;repealed by 1979 c.577 §8]

24.100 [1955 c.647 §10;repealed by 1979 c.577 §8]

UNIFORMENFORCEMENT OF FOREIGN JUDGMENTS ACT

24.105Definitions for ORS 24.105 to 24.125, 24.135 and 24.155 to 24.175. In ORS 24.105to 24.125, 24.135 and 24.155 to 24.175 “foreign judgment” means any judgment,decree or order of a court of the United States or of any other court which isentitled to full faith and credit in this state. [1979 c.577 §1]

24.110 [1955 c.647 §11;repealed by 1979 c.577 §8]

24.115Filing of foreign judgment; effect. (1) A copy of any foreign judgmentauthenticated in accordance with the Act of Congress or the statutes of thisstate may be filed in the office of the clerk of any circuit court of anycounty of this state. The clerk shall treat the foreign judgment in the samemanner as a judgment of the circuit court.

(2)A certified copy of any foreign judgment authenticated in accordance with theAct of Congress or the statutes of this state shall be recorded in the CountyClerk Lien Record of any county other than the county in which the judgment isoriginally filed, in order to become a lien upon the real property of thejudgment debtor in that county as provided in ORS 18.152.

(3)A judgment so filed has the same effect and is subject to the same procedures,defenses and proceedings for reopening, vacating or staying as a judgment ofthe circuit court in which the foreign judgment is filed, and may be enforcedor satisfied in like manner.

(4)A foreign judgment of a tribal court of a federally recognized Indian tribethat is filed in a circuit court under this section, and that otherwisecomplies with 26 U.S.C. 414(p) as a domestic relations order as defined in 26U.S.C. 414(p), is a domestic relations order made pursuant to the domesticrelations laws of this state for the purposes of 26 U.S.C. 414(p). [1979 c.577 §2;1985 c.343 §5; 1987 c.586 §14; 1995 c.273 §13; 2003 c.576 §180; 2007 c.663 §1]

24.120 [1955 c.647 §12;repealed by 1979 c.577 §8]

24.125Notice of filing of judgment; delay in enforcement. (1) At the timeof the filing of the foreign judgment, the judgment creditor or the creditor’slawyer shall make and file with the clerk of the court an affidavit settingforth the names and last-known post-office addresses of the judgment debtor andthe judgment creditor, together with a separate statement containing theinformation required to be contained in a judgment under ORS 18.042.

(2)Promptly after filing the foreign judgment and the affidavit, the judgmentcreditor must mail notice of the filing of the foreign judgment to the judgmentdebtor. The notice shall include the name and post-office address of thejudgment creditor and the judgment creditor’s lawyer, if any, in this state.The judgment creditor must file with the court proof of mailing the notice.

(3)No execution or other process for enforcement of a foreign judgment filed pursuantto ORS 24.105 to 24.125, 24.135 and 24.155 to 24.175, except a judgment, decreeor order of a court of the United States, shall issue until five days after thedate the judgment, affidavit and separate statement required in subsection (1)of this section are filed. [1979 c.577 §3; 1985 c.343 §6; 1987 c.873 §25; 1989c.768 §8; 1997 c.872 §7; 2003 c.576 §168]

24.129Certification of filing in single court; filing of certified copy or lienrecord abstract for other counties. At the time of filing of any foreignjudgment as provided in ORS 24.115, the judgment creditor shall certify thatthe judgment creditor is filing such judgment in only one court in Oregon.Thereafter, a certified copy of the judgment or a lien record abstract may berecorded in the County Clerk Lien Record of any other county in this state asprovided in ORS 18.152. [1985 c.343 §9; 1987 c.586 §15; 2003 c.576 §574]

24.130 [1955 c.647 §13;repealed by 1979 c.577 §8]

24.135Grounds for staying enforcement of judgment; security for satisfaction ofjudgment.(1) If the judgment debtor shows the court of any county that an appeal fromthe foreign judgment is pending or will be taken, or that a stay of executionhas been granted, the court shall stay enforcement of the foreign judgment untilthe appeal is concluded, the time for appeal expires, or the stay of executionexpires or is vacated, upon proof that the judgment debtor has furnished thesecurity for the satisfaction of the judgment required by the state in which itwas rendered.

(2)If the judgment debtor shows the court of any county any ground upon whichenforcement of a judgment of any court of any county of this state would bestayed, the court shall stay enforcement of the foreign judgment for anappropriate period, upon requiring the same security for satisfaction of thejudgment which is required in this state. [1979 c.577 §4]

24.140Interest and costs.When a registered foreign judgment becomes a final judgment of this state, thecourt shall include as part of the judgment interest payable on the foreignjudgment under the law of the state in which it was rendered, and the cost ofobtaining the authenticated copy of the original judgment. The court shallinclude as part of its judgment court costs incidental to the proceeding inaccordance with the law of this state and the costs of recording documents aspermitted by statute. [1955 c.647 §14; 1987 c.586 §16]

24.150Satisfaction of judgment; filing. Satisfaction, either partial orcomplete, of the original judgment or of a judgment entered thereupon in anyother state shall operate to the same extent as satisfaction of the judgment inthis state, except as to costs authorized by ORS 24.140. When such judgment inthis state has been satisfied, including costs authorized by ORS 24.140, itshall be the responsibility of the judgment creditor to provide an executedsatisfaction to this judgment debtor. The judgment debtor may file thesatisfaction in the records of the court in which the judgment was originallyfiled in this state, and may record the satisfaction in every county in thisstate in which a certified copy of the judgment or a lien record abstract hasbeen recorded. [1955 c.647 §15; 1985 c.343 §7; 1987 c.586 §17]

24.155Optional procedure.The right of a judgment creditor to bring an action to enforce the judgmentinstead of proceeding under ORS 24.105 to 24.125, 24.135 and 24.155 to 24.175remains unimpaired. [1979 c.577 §5]

24.160 [1955 c.647 §16;repealed by 1979 c.577 §8]

24.165Construction of ORS 24.105 to 24.125, 24.135 and 24.155 to 24.175. ORS 24.105 to24.125, 24.135 and 24.155 to 24.175 shall be interpreted and construed in orderto effectuate its general purpose to make uniform the law of those states whichenact it. [1979 c.577 §6]

24.170 [1955 c.647 §17;repealed by 1979 c.577 §8]

24.175Short title.ORS 24.105 to 24.125, 24.135 and 24.155 to 24.175 may be cited as the UniformEnforcement of Foreign Judgments Act. [1979 c.577 §7]

24.180 [1955 c.647 §18;repealed by 1979 c.577 §8]

24.185 [1991 c.222 §1;1993 c.188 §9; 1997 c.863 §1; repealed by 1999 c.250 §5]

FOREIGNRESTRAINING ORDERS

24.190Foreign restraining orders. (1) For the purposes of this section:

(a)“Foreign restraining order” means a restraining order that is a foreign judgmentas defined by ORS 24.105.

(b)(A)“Restraining order” means an injunction or other order issued for the purposeof preventing:

(i)Violent or threatening acts or harassment against another person;

(ii)Contact or communication with another person; or

(iii)Physical proximity to another person.

(B)“Restraining order” includes temporary and final orders, other than support orchild custody orders, issued by a civil or criminal court regardless of whetherthe order was obtained by filing an independent action or as a pendente liteorder in another proceeding. However, for a civil order to be considered arestraining order, the civil order must have been issued in response to acomplaint, petition or motion filed by or on behalf of a person seeking protection.

(2)(a)Except as otherwise provided in paragraph (b) of this subsection, immediatelyupon the arrival in this state of a person protected by a foreign restrainingorder, the foreign restraining order is enforceable as an Oregon order withoutthe necessity of filing and continues to be enforceable as an Oregon orderwithout any further action by the protected person.

(b)A foreign restraining order is not enforceable as an Oregon order if:

(A)The person restrained by the order shows that:

(i)The court that issued the order lacked jurisdiction over the subject matter orlacked personal jurisdiction over the person restrained by the order; or

(ii)The person restrained by the order was not given reasonable notice and anopportunity to be heard under the law of the jurisdiction in which the orderwas issued; or

(B)The foreign restraining order was issued against a person who had petitionedfor a restraining order unless:

(i)The person protected by the foreign restraining order filed a separate petitionseeking the restraining order; and

(ii)The court issuing the foreign restraining order made specific findings that theperson was entitled to the order.

(3)(a)A person protected by a foreign restraining order may present a true copy ofthe order to a county sheriff for entry into the Law Enforcement Data Systemmaintained by the Department of State Police. Subject to paragraph (b) of thissubsection, the county sheriff shall enter the order into the Law EnforcementData System if the person certifies that the order is the most recent order ineffect between the parties and provides proof of service or other writtencertification that the person restrained by the order has been personallyserved with a copy of the order or has actual notice of the order. Entry intothe Law Enforcement Data System constitutes notice to all law enforcementagencies of the existence of the restraining order. Law enforcement agenciesshall establish procedures adequate to ensure that an officer at the scene ofan alleged violation of the order may be informed of the existence and terms ofthe order. The order is fully enforceable as an Oregon order in any county ortribal land in this state.

(b)The Department of State Police shall specify information that is required for aforeign restraining order to be entered into the Law Enforcement Data System.

(c)At the time a county sheriff enters an order into the Law Enforcement DataSystem under paragraph (a) of this subsection, the sheriff shall also enter theorder into the databases of the National Crime Information Center of the UnitedStates Department of Justice.

(4)Pending a contempt hearing for alleged violation of a foreign restrainingorder, a person arrested and taken into custody pursuant to ORS 133.310 may bereleased as provided in ORS 135.230 to 135.290. Unless the order providesotherwise, the security amount for release is $5,000.

(5)ORS 24.115, 24.125, 24.129, 24.135, 24.140, 24.150 and 24.155 do not apply to aforeign restraining order.

(6)A person protected by a foreign restraining order may file a certified copy ofthe order and proof of service in the office of the clerk of any circuit courtof any county of this state. A judgment so filed has the same effect and issubject to the same procedures, defenses and proceedings for reopening,vacating or staying as a judgment of the circuit court in which the foreignjudgment is filed, and may be enforced or satisfied in like manner. The filingfee provided for in ORS 21.325 (3) shall not apply to a filing under thissection. [1999 c.250 §1; 2003 c.737 §§74,75]

24.200 [1977 c.61 §1;1991 c.67 §3; repealed by 2009 c.48 §14]

24.210 [1977 c.61 §7;repealed by 2009 c.48 §14]

24.220 [1977 c.61 §§2,3,4;2003 c.281 §2; repealed by 2009 c.48 §14]