2017 ORS 18.887¹
Forcible entry for purpose of levying on personal property

(1) A sheriff may forcibly enter a structure or other enclosure for the purpose of levying on personal property only pursuant to an order issued by the court under this section.

(2) A judgment creditor may at any time file an ex parte motion requesting a court order directed to a sheriff that authorizes the sheriff to use force to enter a structure or other enclosure for the purpose of levying on personal property pursuant to a writ of execution. Except as provided in ORS 18.255 (Enforcement of judgment by circuit court for county where debtor resides), the motion must be filed with the court in which the judgment was entered. The motion must identify the specific structure or other enclosure to be entered and must contain a declaration under penalty of perjury made in the manner described by ORCP 1 E, or an unsworn declaration made in the manner described in ORS 194.800 (Short title) to 194.835 (Relation to Electronic Signatures in Global and National Commerce Act), if the declarant is physically outside the boundaries of the United States, that reflects facts supporting the judgment creditor’s good faith belief that personal property subject to a writ of execution is located within the structure or other enclosure.

(3) An order issued under this section shall direct the sheriff to use all force reasonably necessary to enter the structure or other enclosure and levy on personal property pursuant to a writ of execution.

(4) A judgment creditor may deliver a copy of an order issued under this section to a sheriff with a writ of execution, or at any time after a writ of execution is delivered to a sheriff. A sheriff may rely on the copy of the order in entering a structure or other enclosure for the purpose of levying on personal property pursuant to a writ of execution. [2007 c.166 §11; 2013 c.218 §10]

Notes of Decisions

Court order require­ment in sec­tion applies when sheriff seeking to enter structure or other enclosure to seize prop­erty under writ of execu­tion lacks con­sent to enter enclosure and, therefore, must “forcibly enter;” if sheriff does not have con­sent to enter an enclosure, sheriff does not have legal authority to enter unless sheriff has court order authorizing him or her to do so. State v. Mast, 250 Or App 605, 282 P3d 916 (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.