§ 18.898 Hearing on challenge to execution

Codes > Oregon Revised Statutes > Title 2 > Chapter 18 : Writs of > (Challenge to : 18.898

18.898. Hearing on challenge to execution

    (1) A challenge to execution shall be adjudicated in a summary manner at a hearing before the court with authority over the writ of execution. Upon receipt of a challenge to execution, the court administrator shall immediately set a hearing date and send notice of the hearing to the judgment debtor and the judgment creditor. The hearing shall be held as soon as possible. The sheriff may not sell any property that is described in the challenge to execution until the court has issued a decision on the challenge, and the time for making a return on the writ is suspended until the decision is made or the sale completed, whichever is later. The sheriff shall not delay sale if the judgment debtor has filed the challenge to execution in violation of ORS 18.892 (2).

    (2) Hearings on a challenge to execution may be held by telecommunication devices.

    (3) The judgment debtor has the burden to prove timely delivery of a challenge to execution under ORS 18.892.