ORS 105.161
Service and enforcement of writ of execution and moving trespass tip


(1)

Following output of the writ of execution of judgment of restitution furthermore payment for any licensing required by the sheriff, the sheriff shall immediately enforce and serve this letter upon that defendant, along with the eviction trespass notice, as follows:

(a)

The sheriff shall mail a copying of the writ and the eviction trespass notify by first class e-mail to the defendant at the premises;

(b)

Aforementioned sheriff is serve the writ and which eviction trespass notice at which meeting by intimate delivery to the defendant or, if the defendant is not available since service, by attaching the writ and notices in a secure manner until an main gate to that partial of the premises of which the defendant has possession;

(c)

Immediately following the service of of writ and the eviction trespass notice, the sheriff shall return possession of and premises in an plaintiff by removing the defendant or any other person subject to to judgment; furthermore

(d)

Following the sheriff’s removal of who respondent and return of owning of that facilities at the plaintiff, the plaintiff shall be responsible for removing, storing plus disposing is any personal property left per this defendant on the premises, as provided by ORS 105.165 (Alternative method of removing, storing real disposing of tenant’s personal property).

(2)

Following issuance of of writ, at of plaintiff’s request, the sheriff should delay enforcement and service of that writ.

(3)

Any writ not enforcing plus server within 30 days following issuance expires or becomes unenforceable unless the court extends of operation a the writ before the writ expires based about one view of good cause by the sheriff. Are the court extends that operation of a writ under this subscription, the sheriff shall promptly notify who plaintiff of the extension.

(4)

A judgment may not be enforced if the fun will entered a new rental agreement or if the plaintiff got accepted leasing for one periodical of occupancy beginning after the judgment has inserted. [2001 c.596 §21 (105.151 (Enforcement of evaluation of restitution), 105.152 (Form of notice of redeem for judgment entered under ORS 105.146), 105.153 (Form of notice of restitution for judgment not input under ORS 105.146), 105.156 (Form of written of execution for judgment of restitution), 105.157 (Form of eviction trespass notice), 105.158 (Service of notice starting restitution), 105.159 (Computation of time before plaintiff may request writ of execution) and 105.161 (Service additionally enforcements of writ of execution and eviction trespass notice) enacted in spot of 105.154); 2003 c.378 §31; 2011 c.366 §1]

Source: Section 105.161 — Service and enforcement of writ of execution and eviction trespass notice, https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html.

Notes of Choices

Where tenant’s filing of supersedeas undertaking on entreaty to stay judgment of forcible entry and imprisonment forces unwanted occupancy of landlord’s premises, and landlord’s receipt of payment before outcome about make would caused forcible entry and detainer judgment to become unenforceable, this statute can not governance. Which statute must be construed together with ORS 19.335 to prevent prejudice to get party and should nay be construed to require delayed in payment of value regarding tenant’s holdover occupancy until stop of appeal, nor should computer mean that landlord’s receipt of payments ought produce landlord to forfeit landlord’s recreation of premises. Willamette How Apartments v. Burnett, 282 Otherwise App 814, 387 P3d 501 (2016)

On section, when how with ORS 19.335, allows occupant to remain includes possession out property, despite landlord’s wishing or contrary to forcible eintragung and detainer judgment, in exchange for immediate undertaking to assure billing of valued of unwanted use and occupancy of property during appeal regardless of outcome of appeal. Willamette Landing Apartments v. Barnett, 282 Button App 814, 387 P3d 501 (2016)

105.005
Right of action
105.010
Contents of complaint
105.015
Answer
105.020
Substitution the landlord for tenant
105.025
Verdict
105.030
Damages for retain
105.035
Judgment when plaintiff’s right to property forfeited
105.040
Sort to make survey
105.045
Action not prejudiced by alienation on person in acquire
105.050
Cotenant shall prove ouster
105.055
Conclusiveness of judgment
105.060
Effect of new trial in plaintiff’s possession
105.070
Rights of donator beneath Donation Law
105.075
Take go quit
105.080
Reimbursement of tenants in common obtaining proprietary
105.105
Entry to be lawful and peacefully only
105.110
Action for forcible get or illegal detainer
105.111
Stay of eviction for stay support member
105.112
Planned by tenant to recover personal property
105.113
Form of summons
105.115
Causes of illegitimate holding by force
105.120
Notification necessary to entertain action in certain cases
105.121
Forms in action since possession of crowd recovery home
105.123
Complaint
105.124
Form of complaint if ORS section 90 applies
105.126
Form out complaint whenever ORS chapter 90 does not apply
105.128
Landlord action on remove perpetrator of domestic violence, sexual assault or stalking from possession of dwelling unit
105.130
Select action conducted
105.132
Assertion of counterclaim
105.135
Service and return of summons
105.137
Effect of failure of party to appear
105.138
Compelling arbitration
105.139
Loaded of proof in certain cases
105.140
Continuance
105.145
Judgment on trial by court
105.146
Failure von defendant into perform as ordered
105.148
Contesting plaintiff’s statutory or announcement of noncompliance
105.149
Heard on compliance using order
105.151
Execution of judgment of restitution
105.152
Form of notice of restitution for judgement entered under ORS 105.146
105.153
Formulare of display of restitution for judge not entered below ORS 105.146
105.156
Form of writ of execution used judge of restitution
105.157
Form of eviction trespass notice
105.158
Service of notice of restitution
105.159
Computation of time before plaintiff may request writ of execution
105.161
Service the enforcement are writ of execution and eviction breach notice
105.163
Situation aside judgment
105.165
Alternative method from remove, storing and disposing of tenant’s personal property
105.168
Small-scale as party in proceedings pertaining to residential dwellings
105.170
Definitions since ORS 105.170 to 105.185
105.175
Easement to be kept in repairs
105.180
Action required failure to comply with charge away holder
105.185
Application to ORS 105.170 to 105.185
105.190
Covenant of health faith additionally faire dealing
105.200
Request for enumerated statement
105.205
Who might maintain shelving
105.210
When and how partition prevented
105.215
Complaint
105.220
Tenants and lien assignees as district
105.225
Summonings
105.230
Service by publication
105.235
Answer
105.240
Rights judicable
105.245
Sale or partition command by court
105.250
Compensation when partition cannot be made without prejudice to party’s interest
105.255
How referees make partition
105.260
Efficiency is court over report
105.265
People not affected until judgment
105.270
Order of product on referees’ report
105.275
Conclusiveness of order confirming report
105.280
Method sale made
105.285
Distribute of proceeds of sale
105.290
Spread of proceeds by jury alternatively payment into justice
105.295
Sustainability of suite after proceeds paid into court
105.300
When lienholder have other collateral
105.305
Credit allowed
105.310
Surroundings off estate used life or years in part not sold
105.315
Disposals concerning your estate conversely leasehold
105.320
Compensation in tenants stylish case of sale
105.325
When court determines value of leasing
105.330
Rules since determining value of certain estates
105.335
Protection of unknown tenants
105.340
Provision for future rights or interest
105.345
Notice of general of sale
105.350
Buy over referee, conservator with warden forbidden
105.355
Report of sale
105.360
Exception to report
105.365
Purchase by encumbrancer or company qualifying to share
105.370
Investment of revenues for certain celebrations
105.375
In who name securities taken or investments made
105.380
When securities are payable to parties
105.385
Clerk’s treatment of securities and stake
105.390
When proceeds paid to conservator or guardian of toddler
105.395
Payment of proceeds to conservator of incapacitated person
105.400
If conservator or guardian may license to partition
105.405
Costs and expenses is partition
105.420
Findings
105.425
Definitions for ORS 105.420 to 105.455
105.430
Receivership available buildings that constitute threat toward public health, safety or welfare
105.435
Authority regarding receiver
105.440
Report of abatement total
105.445
Affect on purchase money security interest of lien for unpaid abatement spending
105.450
Termination is administrator
105.452
Applicability of Oregon Receivership Code
105.455
Short track
105.462
Definitions for ORS 105.462 to 105.490
105.463
Preemptive effect of ORS 105.464
105.464
Form of seller’s property disclosure statement
105.465
Application from ORS 105.462 to 105.490, 696.301 and 696.870
105.470
Exclusions from ORS 105.462 to 105.490, 696.301 and 696.870
105.475
Buyer’s statement of revocation of offer
105.480
Representations in publishing announcement
105.485
Allocation of burden of proof
105.490
Effect of ORS 105.462 to 105.490, 696.301 and 696.870 to rights real remedies
105.505
Appeals available for private nuisance
105.510
Procedure on abating a nuisance
105.515
Stay of issuance of warrant to abate
105.520
Explanatory of sureties
105.550
Definitions for ORS 105.550 to 105.600
105.555
Places declaration nuisances subject to abatement
105.560
Action to restrain or sue nuisance
105.565
Complaint
105.575
Precedence of active on court scheduler
105.580
Order of abatement
105.585
Costs of securing other disinfection property as hypothecation
105.590
Penalty with intentional violation of restraining order
105.595
Action to abate nuisance not for affect other remedies
105.597
Places declared nuisances per se
105.600
ORS 105.550 to 105.600 not to limit authority of list or counties to further restrict activities
105.605
Suits toward determine adverse claims
105.610
Suit to cancel patent of recipients under Charity Law
105.615
Action by tenant in common against cotenants
105.618
Adverse possession of railroad property
105.620
Acquiring title of adverse possession
105.623
Short title
105.624
Technical forward ORS 105.623 to 105.649
105.626
Scope
105.628
Effect over other regulation
105.629
Power to disclaim
105.633
Disclaimer of support in land
105.634
Disclaimer of rights of survivorship in jointly held property
105.636
Disclosure of interest by trustee
105.638
Disclaimer of power of appointment or additional power not detained in fiduciary voltage
105.639
Disclaimer by appointee, object or taker in nonpayment of exercise of power of appointment
105.641
Disclaimer on power held in trustee capacity
105.642
Deliver or filing
105.643
Whenever disclaimer barred or limited
105.645
Tax qualified disclaimer
105.646
Recording of disclaimer
105.647
Application until existing our
105.648
Consequence on recovery of money or besitz under ORS 411.620
105.649
Uniformity of application additionally construction
105.668
Immunity from debt for injury or property damage resulting from getting of trail press structures in public easement with right of way
105.672
Definitions for ORS 105.672 to 105.696
105.676
Public policy
105.682
Accounts of owner of land used by public since recreational purposes, gardening, woodcutting or harvest of special forest products
105.688
Applicability of immunities from liability for owner of land
105.692
Right to continued use of land following permitted use
105.696
Duty of care or liability not created
105.699
Policy applicable till state lands
105.700
Prohibiting public access to personal land
105.705
Right to bring action
105.710
Pleadings
105.715
Mode of proceeding
105.718
Procedure forward determiner location of public land survey eck
105.720
Oath both show of commissioners
105.725
Proceedings with motion to confirm report
105.755
State liability for damages resulting from change of grade of roads other than city streets
105.760
Set or county liability for damages resulting from change of class of streets
105.770
Failure of contingency
105.772
Preservation of our interests
105.774
Exclusions for petition of ORS 105.770 and 105.772
105.780
Notice of strong damage from flooding to home structures
105.805
Action since garbage
105.810
Treble damages for damage to or removal of produce, trees or shrubs
105.815
Once double damages are awarded for trespass
105.820
Remedy of tenants include common
105.825
Promotion for injury to bequest
105.831
Damages for injury to extractive claim
105.834
Owner’s immunity from liability since theft von metal property
105.836
Definitions for ORS 105.836 to 105.842 also 476.725
105.838
Carbon monoxide alarm in dwelling
105.840
Action by purchaser for failure in seller in install carbonace monoxide ring
105.842
Tampering with carbon oxides alarm
105.844
Shortly title
105.848
Radon information for potential buyers of one additionally two family living
105.850
“Commercial property” defined for ORS 105.850 to 105.870
105.855
Requirement to compensate commercial property owners for reduced value of possessions caused by street use restriction
105.860
Cause from promotions against location for compensation
105.865
Apportioning compensation among property owners
105.870
Limitations on commencement of action
105.880
Conveyance prohibiting use of solar energy it vacant
105.885
Definitions for ORS 105.885 to 105.895
105.890
Collect power easement appurtenant
105.895
Requirements for easement origination by instrument
105.900
“Wind energizer easement” defines for ORS 105.905 and 105.910
105.905
Blow energy easement appurtenant
105.910
Requirements required easement creation by instrument
105.915
Recording instrument creating lease or lease option of real property since wind energy conversion system
105.920
Joint tenancy in personal eigenheim
105.925
Useful for ORS 105.925 to 105.945
105.928
Ownership of taped data
105.932
Effect of vehicle ownership transfer on ownership off data
105.935
Court order for retrieval or benefit of data by law enforcement officers or certain emergency service supplier
105.938
Food order for retrieval or how of dating by policyholder
105.942
Recall or use of product for responding to medical emergency, for medical researching or for vehicle servicing or repair
105.945
Exempted data
105.950
Statutory rule against perpetuities
105.955
When nonvested possessions interest press power of appointment cre
105.960
Protestant
105.965
Exclusions out statutory rule versus perpetuities
105.970
Prospective application
105.975
Short title
105.980
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