§ 18.878 Manner of levying on property

Codes > Oregon Revised Statutes > Title 2 > Chapter 18 : Writs of > (Levy) : 18.878

18.878. 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 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 (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.

        (c) Securing any tangible personal property in the manner provided by ORS 18.880 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 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.