2017 ORS 18.878¹
Manner of levying on property

(1) Upon receipt of a writ of execution, the sheriff shall indorse upon the writ of execution the time when the sheriff received the writ. The sheriff shall then levy on property pursuant to the writ of execution and the instructions provided to the sheriff under ORS 18.875 (Instructions to sheriff) by doing all of the following:

(a) Filing a notice of levy with the court if real property is to be sold under the writ, or if residential property as described in ORS 18.901 (Definition of residential property) (2), (3) or (4) is to be sold under the writ.

(b) Seizing any tangible personal property that the sheriff has not been instructed to secure in the manner provided by ORS 18.880 (Alternative procedure for levying on tangible personal property).

(c) Securing any tangible personal property in the manner provided by ORS 18.880 (Alternative procedure for levying on tangible personal property) if the sheriff has been instructed to secure the property in that manner.

(d) Filing a notice of levy with the court in the manner provided by ORS 18.884 (Levying on intangible personal property) if the sheriff has been instructed to sell intangible personal property.

(e) Securing and delivering possession of property if the writ requires that property be delivered under the writ.

(2) When a sheriff levies on personal property in any manner described in subsection (1) of this section, the interest of the judgment creditor in the personal property is the same as that of a secured creditor with an interest in the property perfected under ORS chapter 79. [2005 c.542 §8; 2007 c.166 §12]

Notes of Decisions

“Personal prop­erty” includes growing crops, and this pro­vi­sion applies to such crops even if crops are constructively severed. In re Grogan, 476 B.R. 270 (Bkrtcy. D. Or. 2012)

Chapter 18

Notes of Decisions

If terms used by trial court suffice to convey court’s concluding decision or decisions, and if terms are set forth in docu­ment properly titled as judg­ment, then judg­ment docu­ment contains judg­ment. Interstate Roofing, Inc. v. Springfield Corp., 347 Or 144, 218 P3d 113 (2009)

1 Legislative Counsel Committee, CHAPTER 18—Judgments, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors018.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 18, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano018.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.