Or. Admin. R. 137-100-0005 - Definitions
For purposes of these rules the following definitions apply:
(1) "Applicant" -- A criminal
defendant or an interested person seeking a Satisfaction of Judgment or a
Release of Judgment.
(2) "Costs of
Sale" -- Those costs incurred directly from the sale of a specific parcel of
real property, including, but not limited to, advertising fees, listing fees,
commissions, and filing, wire service, recordation, or other related
fees.
(3) "Court Clerk" -- The
trial court administrator or trial court clerk of the district or circuit court
in which the original judgment was entered and shall include any person to whom
the duties of that office lawfully are delegated. ORS
8.185 et seq.
(4) "County Clerk" -- The clerk or clerks of
the county or counties in which a judgment is recorded in the County Clerk Lien
Records. ORS 205.010 et seq.
(5) "Defendant" -- The person named in the
district or circuit court judgment as the "defendant" who is ordered by that
judgment to pay a monetary obligation.
(6) "Equity" -- The difference of the sale
price and the debt in the property after commissions given for the homestead
exemption pursuant to ORS
23.240(1).
(7) "Expenses" -- Costs, other than costs of
sale, incurred in connection with a specific parcel of real property.
(8) "Issuer of Releases" -- The State of
Oregon is the judgment creditor in a criminal matter in which a money judgment
is ordered. "Issuer of Release" refers to the person, agency or entity or
entities authorized by the Attorney General to issue a release of judgment from
a specific parcel of real property when the money judgment is not satisfied.
ORS 137.452.
(9) "Issuer of Satisfactions" -- The State of
Oregon is the judgment creditor in a criminal matter in which a money judgment
is ordered. "Issuer of Satisfactions" refers to the person, agency or entity or
entities authorized by the Attorney General to issue a partial or full
satisfaction of judgment after payment of the monetary amounts assessed in the
money judgment portion of a criminal judgment. ORS
137.452.
(10) "Judgment Docket" -- The record where
the clerk of the circuit or district court dockets the money judgment portions
of a criminal judgment.
(11) "Money
Judgment" -- The portion of a judgment issued by a district or circuit court in
a criminal proceeding requiring the defendant to pay a sum of money as a
criminal fine, forfeiture, compensatory fine, restitution, unitary assessment,
costs, forfeited bail, reward reimbursement, county assessment and any other
monetary obligation. ORS
137.071.
(12) "Payment" -- Payment shall mean receipt
of cash or actual deposit of funds in the Trial Court Administrator/Trial Court
Clerk's account. When payment is by check, draft or other negotiable
instrument, such payment is not considered final until the negotiable
instrument is accepted and paid.
(13) "Prosecuting Agency" -- The office or
agency, such as the District Attorney, the City Attorney or the Attorney
General, which prosecuted the original criminal action in the district or
circuit court as identified in the judgment.
(14) "Release of Judgment" -- A document
appropriate for filing in the court clerk records or County Clerk Lien Records
issued by the Issuer of Releases as provided by these rules which legally
releases the judgment lien from a specific parcel of real property in which the
named defendant had or has an interest when the money judgment is not
satisfied. ORS 137.452.
(15) "Satisfaction of Judgment" -- A document
appropriate for filing in the court clerk records or County Clerk Lien Records
issued by the Issuer of Satisfaction as provided by these rules which legally
releases the judgment lien from the property in which the named defendant had
or has an interest. A partial satisfaction of judgment may be issued when less
than the full amount of the monetary obligation has been paid. ORS
137.452.
Notes
Stat. Auth.: ORS 137.452
Stats. Implemented: ORS 137.452
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