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DEPARTMENT OF JUSTICE

 

DIVISION 100

SATISFACTION OF JUDGMENTS

 

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.

Stat. Auth.: ORS 137.452
Stats. Implemented: ORS 137.452
Hist.: 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

137-100-0010

Appointment of Issuer of Satisfactions

The Attorney General hereby appoints the following as the Issuer of Satisfactions for purposes of issuing a satisfaction of judgment to an applicant as authorized by ORS 137.452(1)(a)(A):

(1) The primary Issuer of Satisfactions shall be the District Attorney or Deputy District Attorney in the county in which the original judgment was entered;

(2) If the District Attorney declines to participate as an Issuer of Satisfactions, the Department of Justice may become that county's Issuer of Satisfactions. A District Attorney who declines to participate in a particular instance should refer the applicant to the Department of Justice in Salem. A District Attorney who declines to participate shall submit in writing to the Department of Justice a request that the Department of Justice handle all Satisfactions for that county. The District Attorney will then provide the applicant with the appropriate forms and refer the applicant to the Department of Justice in Salem.

Stat. Auth.: ORS 137.452
Stats. Implemented: ORS 137.452
Hist.: JD 7-1990(Temp), f. & cert. ef. 8-20-90; JD 10-1990, f. & cert. ef. 12-13-90Z; JD 12-1991, f. & cert. ef. 12-23-91; DOJ 6-2001, f. & cert. ef. 8-24-01

137-100-0015

Appointment of Issuer of Releases

The Attorney General hereby appoints the following as the Issuer of Releases for purposes of issuing a release of judgment to an applicant as authorized by ORS 137.452(1)(a)(B):

(1) The primary Issuer of Releases shall be the District Attorney or Deputy District in the county in which the original judgment was entered;

(2) If the District Attorney declines to participate as an Issuer of Releases, the Department of Justice may become that county's issuer of Releases. A District Attorney who declines to participate shall submit in writing to the Department of Justice a request that the Department of Justice handle all Releases for that County. The District Attorney will then provide the applicant with the appropriate forms and refer the applicant to the Department of Justice in Salem.

Stat. Auth.: ORS 137.452
Stats. Implemented: ORS 137.452
Hist.: DOJ 6-2001, f. & cert. ef. 8-24-01

137-100-0020

Request for Satisfaction

(1) An applicant who has fully or partially paid a money judgment imposed in a criminal proceeding may obtain a full or partial satisfaction of judgment from the Issuer of Satisfactions upon written request. The request for issuance of a satisfaction of judgment shall contain the following information:

(a) The name of the defendant as stated on the judgment;

(b) The address of the applicant;

(c) The telephone number of the applicant;

(d) The designation of the court in which the original judgment was entered whether district or circuit court;

(e) The county in which the court is located;

(f) The case number;

(g) The date of docketing in the judgment docket;

(h) The total amount of the money judgment;

(i) The date of any prior partial satisfactions of judgment issued and the amount satisfied with copies of all partial satisfactions;

(j) A copy of the criminal judgment in which the monetary obligation is set forth must be attached to the request form; and

(k) A certified copy of the court clerk's record of payment which indicates the name of the defendant and the case number must be attached to the request form.

(2) Request for Satisfaction of Judgment Form: An approved request form is required which provides all of the above information. The Issuer of Satisfactions shall determine if the information submitted substantially complies with the rules. If the information submitted is incomplete, additional information may be requested. The decision of the Issuer of Satisfactions as to substantial compliance with these rules shall be final.

(3) Full Satisfaction of Judgment: A satisfaction of judgment may be obtained by the applicant from the Issuer of Satisfactions for payments made to the state after payment in full of the money judgment.

(4) Partial Satisfaction of Judgment: A partial satisfaction of judgment may be obtained by the applicant when less than the full amount of the money judgment has been paid.

(5) Issuance of Satisfaction After Payment: Upon receipt of the Request for Satisfaction of Judgment accompanied by documents required by these rules, the Issuer of Satisfactions shall issue a satisfaction of judgment equal to the total verified amount of judgment equal to the total verified amount of payment received and file the satisfaction with the court clerk of the court in the county in which the original judgment was entered.

(6) Filing of Satisfaction of Judgment: The Issuer of Satisfactions shall mail or deliver the satisfaction of judgment to applicant and the court clerk's office where the original money judgment was filed. If a certified copy of the judgment was filed in the County Clerk Lien Records, a certified copy of the Satisfaction of Judgment shall be mailed or delivered by the Issuer of Satisfactions to the county clerk's office of the county in which the original money judgment was issued. The Issuer of Satisfactions shall also deliver to the applicant an executed Satisfaction of Judgment for every county where a certified copy of the judgment or a lien record abstract has been recorded. Verification of the docketing of the satisfaction of judgment shall be forwarded by the Issuer of Satisfactions to the applicant at the address stated on the Request for Satisfaction of Judgment by first class mail, postage prepaid.

(7) No Independent Verification Required: The Issuer of Satisfactions shall not be required to obtain the certified payment record from the court clerk, obtain additional documentation or verify payment of the money judgment. The Issuer of Satisfactions shall refuse the applicant's request if the documentation presented contains obvious or apparent irregularities or any procedural or substantive basis exists for which a satisfaction should be denied. The decision of the Issuer of Satisfactions to deny a satisfaction on procedural or substantive grounds is final.

(8) No Compromise by Issuer: The Issuer of Satisfactions issuing a satisfaction of judgment shall not be authorized to compromise or make any agreement or stipulation for satisfaction of the money judgment. A judgment may be satisfied by less than the full amount only if the applicant provides the Issuer of Satisfactions with a subsequent court order amending the original judgment or a certified copy of a commutation order of the Governor, and, if any amounts remain payable, a certified payment record from the court clerk evidencing payments received in satisfaction of the amended judgment. If any monetary obligations are deemed judgments for the payment of money under ORS 82.010 and not subject to the court's statutory authority to modify such payments, then interest may accrue on such obligations. Unless the payment of interest is specifically ordered by the court, the Issuer of Satisfactions has absolute discretion to waive any interest due on a monetary obligation in a criminal money judgment. The decision of the Issuer of Satisfactions on waiver of interest is final. Unless stated otherwise in the satisfaction, it shall be presumed that the judgment did not accrue interest or that interest has been waived by the Issuer.

(9) Matters for Which Satisfactions are not Authorized:

(a) The Issuer of Satisfactions is not authorized to issue any satisfaction where the monetary obligation runs to any party other than the state;

(b) The Issuer of Satisfactions is not authorized to issue satisfactions for any part of the judgment other than a money judgment.

(10) Court Proceedings to Determine Payment: If the applicant files a motion to obtain a satisfaction of judgment, the prosecuting agency shall appear and respond as the judgment creditor. ORS 18.410. Upon request of the applicant accompanied by the order of the court and the documents required herein, the Issuer of Satisfactions shall issue the satisfaction of judgment and file such satisfaction of judgment in the county in which the original judgment is entered and provide the applicant with an executed Satisfaction of Judgment for every county where a certified copy of the judgment or lien record abstract has been recorded.

(11) Notice to Defendant of Authorized Issuer: Upon request, the prosecuting agency shall inform an applicant of the name and address of the Issuer of Satisfactions authorized to issue a satisfaction of judgment in the county in which the original judgment was entered. The form may be obtained from the County Clerk.

NOTES:

-1- (1) and (2) Judgment Liens. When a judgment has been docketed in the judgment docket of the circuit court, it becomes a lien upon the real property of the defendant in the county where the judgment is originally docketed. ORS 18.320 and 46.276. After a money judgment has been docketed in the circuit court judgment docket by the clerk, a certified copy of the judgment or a lien record abstract may be filed by the judgment creditor in the County Clerk Lien Records in any other county in which the defendant owns real property. ORS 18.320. The lien is effective against real property owned or acquired by the defendant for ten years and may be renewed for an additional ten year period. ORS 18.360.

-2- (3) and (4) Payment of Judgment. Payments on monetary judgments due to the state are made generally to the clerk. ORS 137.017. A satisfaction of judgment may issue under these rules only for payments made to the court clerk or a state agency or public officer. Entry and docketing of a criminal money judgment has the same effect as a judgment in a civil action. ORS 137.180(4).

-3- (5) and (6) Issuance and Filing of Satisfaction of Judgment. The legislative history of ORS 137.452 evidences an intent that the Attorney General, or his designee, should serve a position analogous to that of the attorney for a civil judgment creditor in issuing satisfactions of judgments in criminal cases in which a money judgment has been entered. A civil judgment creditor has the duty to file the satisfaction of judgment with the court clerk. ORS 18.350. Therefore, the Issuer of Satisfaction is obligated to file the satisfaction.

-4- (7) No Independent Verification. The District Attorney has the duty to enforce criminal money judgments. ORS 8.680. The issuance of a satisfaction of judgment is a documentary task indicating performance has been completed. The Issuer of Satisfactions does not enforce the terms of criminal judgments.

-5- Once the District Attorney elects to participate in issuing a satisfaction in a particular case or cases, the District Attorney is the Issuer of Satisfactions and any decision is final. By contrast, if the District Attorney declines to participate at the outset, then the defendant is referred to the Attorney General or if the District Attorney forwards the request to the Attorney General then the Attorney General, in that instance, is the Issuer of Satisfactions, whose decision is final. The Attorney General does not provide another layer of review for satisfactions denied by District Attorneys.

-6- (8) No Compromise by Issuer. The Issuer of Satisfactions is acting as the attorney for the judgment creditor in the issuance of a satisfaction of judgment. The attorney for the judgment creditor cannot accept anything other than money to satisfy a judgment except by special authority. Barr v. Rader, 31 Or 225, 49 P 962(1897). A civil judgment creditor is entitled to compromise and accept less than the full sum set forth in the judgment and may have good economic reasons for doing so. See, Dickinson v. Fletcher, 181 Or 316, 182 P2d 371 (1947). A criminal money judgment for restitution is not a final judgment and therefore interest on a judgment for the payment of money as provided in ORS 82.010 is not applicable. State v. Dickenson, 68 Or App 283, 680 P2d 1028 (1984). A court may modify a restitution order. ORS 137.540(6). A defendant may petition the court for remission of the payment of costs or any unpaid portion thereof. ORS 161.655(4). If the defendant defaults in the payment of a fine or restitution and is not in contempt, the court may reduce or revoke the fine or order of restitution in whole or part. ORS 161.685(5). There is no specific statutory authority for the court to modify other monetary obligations imposed by the court, unless such payments are encompassed within probation terms. ORS 137.540(6). The court has statutory authority to reduce or remit fines, restitution or costs. ORS 161.665(4) and 161.685(5). Otherwise, a criminal money judgment may be modified only by the Governor. ORS 144.640 et seq. The Issuer of Satisfactions is not authorized to release a lien against a specific parcel of real estate. ORS 137.452. Absent statutory authority the Issuer of Satisfactions may not grant a release. See, 31 Op Attorney General 108 (1962-64). The entry of a satisfaction of judgment is prima facie evidence of a discharge of the obligation. ORS 137.452(5); Dose v. Bank of Woodburn, 58 Or 529, 115 P2d 286 (1911).

-7- (9) Matters for Which Satisfactions are not Authorized. ORS 137.452(4)(a) and (b). A money judgment in a criminal action is a judgment in favor of the state and may be enforced only by the state. ORS 137.180(4).

-8- (10) Court proceeding to Determine Payment. It is the duty of the state in criminal cases to release judgment liens after payment in full has been made. An applicant may petition to have the court determine the sufficiency of the payments made or determine the outstanding balance due for a money judgment. ORS 18.410. If a hearing is necessary to determine the sufficiency of payment, the prosecuting agency has access to the records needed to verify the dates and amounts of payment. Therefore, the prosecuting agency should reply to the defendant's or interested person's motion. Thereafter, the Issuer of Satisfactions shall issue the satisfaction in accordance with the court's order.

Stat. Auth.: ORS 137.452
Stats. Implemented: ORS 137.452
Hist.: 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

137-100-0025

Request for Release

(1) An applicant may request release of judgment lien from a specific parcel of real property when either the money judgment lien does not attach to any equity in the real property or the amount of equity in the real property to which the judgment lien attached, less costs of sale or other reasonable expenses, is paid upon the money judgment. The request for issuance of a release of judgment shall contain the following information:

(a) The name of the defendant as stated on the judgment;

(b) The address of the applicant;

(c) The telephone number of the applicant;

(d) The address and legal description of the specific parcel of real property to be released;

(e) The designation of the court in which the original judgment was entered whether district or circuit court;

(f) The county in which the court is located;

(g) The case number;

(h) The date of docketing in the judgment docket:

(i) The total amount of the money judgment;

(j) The date of any prior partial satisfactions of judgment issued and the amount satisfied with copies of all partial satisfactions attached to the request form;

(k) A copy of the criminal judgment in which the monetary obligation is set forth must be attached to the request form;

(l) The criminal defendant's ownership interest in the parcel, including an attached copy of a deed or document evidencing the defendant's ownership interest if less than full attached to the request form;

(m) A recent appraisal or fair market value study of the parcel attached to the request form;

(n) The sale price of the parcel with documents relating to the sale, if any, of the parcel including the sale price and sale terms, attached to the request form;

(o) The amount of the defendant's equity in the property with documents relating to and establishing the defendant's equity in the parcel attached to the request form, including copies of loan or debt documents and/or contracts;

(p) The total costs of sale with documents relating to and establishing costs of sale (can be in the form of the closing statement) attached to the request form;

(q) The total reasonable expenses with documents relating to and establishing these expenses attached to the request form;

(r) A certified copy of the court clerk's record of payment of less than the full amount of the judgment, if any, which identifies the name of the defendant and the case number, must be attached to the request form;

(2) Request for Release of Judgment form: An approved request form is required which provides all of the above information. The form may be obtained by the Issuer of Releases. The Issuer of Releases shall determine if the information submitted substantially complies with the rules. If the information submitted is incomplete, additional information may be requested. The decision of the Issuer of Releases as to substantial compliance with these rules shall be final.

(3) Release of Judgment when the money judgment lien does not attach to any equity in the real property: A release of judgment may be obtained for a specific parcel of real property when the documents required by (1)(a)–(r), above, establish that the money judgment lien does not attach to any equity in the parcel.

(4) Release of Judgment when the amount of equity in the real property, less costs of sale and reasonable expenses, is paid upon the money judgment: A release of judgment may be obtained for a specific parcel of real property when the documents required by (1)(a)–(r) above, establish that payment upon the money judgment has been received by the court clerk in the amount that the defendant's equity in the parcel exceeds the costs of sale or other reasonable expenses.

(a) The costs of sale and other reasonable expenses may or may not be accepted by the Issuer of Releases in his or her sole discretion. The Issuer of Releases may reduce the costs of sale and/or the expenses in his or her sole discretion based on the documents and other information submitted with the Request for Release, and may reduce the expenses based on the Issuer of Releases' determination of reasonableness. An oral or written explanation of such reductions must be provided to the applicant upon request, which request may be oral. The Issuer of Releases may request further information or evidence to substantiate the costs and/or expenses. The applicant is entitled to submit further information or evidence in the event of a reduction.

(b) The payment upon the judgment must equal the equity in the parcel less the costs and reasonable expenses accepted by the Issuer of Releases. If the Issuer of Releases determines that the equity which exceeds the accepted costs and reasonable expenses is greater than the amount of payment upon the judgment, the additional amount must be paid to the court clerk and a certified copy of the court clerk's record of this payment, identifying the name of the defendant and the case number, must be submitted to the Issuer of Releases in order to obtain a release.

(5) In addition to when the applicant has complied with (1)–(4), the Issuer of Releases will consider the following factors in making its decision:

(a) The documentation presented contains obvious or apparent irregularities or any procedural or substantive basis exists for which a release should be denied;

(b) The monetary obligation runs to any party other than the state;

(c) There is any continued use, direct or indirect use of the property by the or for the future benefit of defendant. The release of judgment shall specify the parcel of real property subject to the release. The money judgment shall remain a lien against all real property not specifically released.

(6) Filing of Release of Judgment: The Issuer of Releases shall mail or deliver the Release of Judgment to the applicant and the court clerk's office where the original money judgment was filed. If a certified copy of the judgment was filed in the County Clerk Lien Records, a certified copy of the Release of Judgment shall be mailed or delivered by the Issuer of Releases to the county clerk's office of the county in which the original money judgment was issued. The Issuer of Releases shall also deliver to the applicant an executed Release of Judgment for every county where a certified copy of the judgment or lien record abstract has been recorded. Verification of the docketing of the Release of Judgment shall be forwarded by the Issuer of Releases to the applicant at the address stated on the Request for Release of Judgment by first class mail, postage prepaid.

(7) No Independent Verification Required: The Issuer of Releases shall not be required to obtain the certified payment record from the court clerk, obtain additional documentation or verify payment of the money judgment.

(8) No Compromise by Issuer; Interest Not Applicable: The Issuer of Releases will not be authorized to compromise or make any agreement or stipulation for release of the lien. Because releases shall not be authorized to compromise or make any agreement or stipulation for release of the lien. Because releases of judgment liens to the defendant's equity in the parcel, and not to the total obligation, the issue of whether interest accrues on the judgment is not relevant to the release.

Stat. Auth.: ORS 137.452
Stats. Implemented: ORS 137.452
Hist.: DOJ 6-2001, f. & cert. ef. 8-24-01

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