Form of notice of restitution for judgment entered under ORS 105.146
If the court entered a judgment pursuant to ORS 105.146 (Failure of defendant to perform as ordered), a notice of restitution issued by the clerk of the court pursuant to ORS 105.151 (Enforcement of judgment of restitution) must be in substantially the following form:
IN THE CIRCUIT COURT FOR
THE COUNTY OF _________
Notice of Restitution
because of not complying
with a court-approved agreement
Case Number ______
You and your landlord made a court-approved agreement allowing you to stay in the property. Your landlord claims that you have not kept that agreement. (A copy of the landlord’s claim is attached.) Unless you can prove to the court why you should not have to move out, you must move by the MOVE OUT DATE listed below. If you do not, the landlord can have the Sheriff physically remove you.
If you believe that you have kept the agreement or that you have a legal reason for not keeping the agreement, you are entitled to a court hearing. Legal reasons are listed in ORS 105.148 (Contesting plaintiff’s affidavit or declaration of noncompliance) and 105.149 (Hearing on compliance with order). They include the landlord interfering with your effort to keep the agreement and your complying with a modification of the agreement made by you and your landlord.
To request a hearing, you must go to the court and complete a form explaining why you believe that you have kept (or should not be required to keep) the agreement. You have to do this before _____ a.m./p.m. on_________. The Sheriff will not physically remove you from the property before the hearing.
If the judge rules against you at the hearing, the landlord can have the Sheriff physically remove you.
DEADLINE TO MOVE OUT
MOVE OUT DATE: _________
If you do not request a hearing, you must move out of the property no later than 11:59 p.m. on the Move Out Date.
If you and everyone else living there do not move out by that time, the Sheriff will physically remove you. You must also move all of your belongings by that time. Anything you leave behind will be stored or disposed of as allowed by law.
Deputy Court Administrator
______________________________________________________________________________ [2001 c.596 §15 (105.151 (Enforcement of judgment of restitution), 105.152 (Form of notice of restitution for judgment entered under ORS 105.146), 105.153 (Form of notice of restitution for judgment not entered under ORS 105.146), 105.156 (Form of writ of execution for judgment 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) and 105.161 (Service and enforcement of writ of execution and eviction trespass notice) enacted in lieu of 105.154); 2003 c.378 §27]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.