ORS 221.346¹
Enforcement of judgments of municipal court

(1) Subject to the requirements of ORS 221.344 (Registration of municipal court), enforcement proceedings on a judgment docketed by a municipal court may include:

(a) Writ of execution proceedings for personal property under ORS 18.252 (Execution) to 18.993 (Effect of ORS 18.860 to 18.993 on court’s ability to direct seizure).

(b) Proceedings in support of execution under ORS 18.265 (Debtor examination), 18.268 (Conduct of debtor examination) and 18.270 (Written interrogatories).

(c) Garnishment proceedings under ORS 18.600 (Definitions) to 18.850 (Challenge to garnishment form).

(2) In addition to the enforcement proceedings specified in subsection (1) of this section, a docketed municipal court judgment may be enforced by the court that rendered the judgment through the issuance of a writ of execution on real property under ORS 18.252 (Execution) to 18.993 (Effect of ORS 18.860 to 18.993 on court’s ability to direct seizure). A writ of execution on real property may be issued by a municipal court only after a certified copy of the judgment or a lien record abstract for the judgment is recorded in the County Clerk Lien Record for the county in which the municipal court is located.

(3) ORS 18.038 (Form of judgment document generally), 18.042 (Judgment in civil action that includes money award), 18.048 (Judgment in criminal action that contains money award) and 137.071 (Requirements for judgment documents) apply to judgments rendered in municipal courts.

(4) The provisions of this section apply to all judgments docketed in municipal courts, including judgments imposed in violation proceedings and other criminal proceedings. [1999 c.788 §8; 2001 c.249 §76; 2003 c.576 §98]

Note: Section 62 (4) and (5), chapter 788, Oregon Laws 1999, provides:

Sec. 62. (4) Except as provided in subsection (5) of this section, sections 8 and 9 of this 1999 Act [221.346 (Enforcement of judgments of municipal court) and 221.351 (Liens based on municipal court judgment)] apply only to judgments issued by municipal courts on or after the effective date of this 1999 Act [October 23, 1999].

(5) A judgment issued by a municipal court before the effective date of this 1999 Act may be enforced in the manner provided by sections 8 and 9 of this 1999 Act if:

(a) The municipal court has registered with the Department of Revenue in the manner required by section 7 of this 1999 Act [221.344 (Registration of municipal court)];

(b) The municipal court has established a docket that conforms to the requirements in section 10 of this 1999 Act [221.352 (Municipal court docket)];

(c) The judgment has not expired under the provisions of section 17 of this 1999 Act [18.194 (Expiration and extension of judgment remedies for justice and municipal court judgments)] and has been docketed in the docket of the municipal court; and

(d) Before the docketing of the judgment, the judgment debtor has been given written notice of the docketing, by personal service or certified mail, return receipt requested, and has been afforded an opportunity to be heard. [1999 c.788 §62(4),(5)]

Notes of Decisions

Person who is convicted in municipal court and ap­peals that con­vic­­tion to circuit court, pursuant to these sec­tions, may ap­peal adverse decision of circuit court to Court of Appeals only if case involves constitu­tionality of ordinance under which defendant was convicted. City of Lincoln City v. Pennington, 91 Or App 713, 756 P2d 75 (1988)

1 Legislative Counsel Committee, CHAPTER 221—Organization and Government of Cities, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors221.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 221, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano221.­html (2019) (last ac­cessed May 16, 2020).
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