Service and enforcement of writ of execution and eviction trespass notice
(1) Following issuance of the writ of execution of judgment of restitution and payment of any fees required by the sheriff, the sheriff shall immediately enforce and serve the writ upon the defendant, along with the eviction trespass notice, as follows:
(a) The sheriff shall mail a copy of the writ and the eviction trespass notice by first class mail to the defendant at the premises;
(b) The sheriff shall serve the writ and the eviction trespass notice at the premises by personal delivery to the defendant or, if the defendant is not available for service, by attaching the writ and notice in a secure manner to the main entrance to that portion of the premises of which the defendant has possession;
(c) Immediately following the service of the writ and the eviction trespass notice, the sheriff shall return possession of the premises to the plaintiff by removing the defendant or any other person subject to the judgment; and
(d) Following the sheriffs removal of the defendant and return of possession of the premises to the plaintiff, the plaintiff shall be responsible for removing, storing and disposing of any personal property left by the defendant on the premises, as provided by ORS 105.165 (Alternative method of removing, storing and disposing of tenants personal property).
(2) Following issuance of the writ, at the plaintiffs request, the sheriff shall delay enforcement and service of the writ.
(3) Any writ not enforced and served within 30 days following issuance expires and becomes unenforceable unless the court extends the operation of the writ before the writ expires based on a showing of good cause by the sheriff. If the court extends the operation of a writ under this subsection, the sheriff shall promptly notify the plaintiff of the extension.
(4) A judgment may not be enforced if the parties have entered a new rental agreement or if the plaintiff has accepted rent for a period of occupancy beginning after the judgment was entered. [2001 c.596 §21 (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 §31; 2011 c.366 §1]
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. Currency Information