(1)
An
applicant who has fully or partially paid a
money judgment imposed in a
criminal proceeding may obtain a full or partial
satisfaction of judgment from
the
Issuer of Satisfactions upon written request. The request for issuance of a
satisfaction of judgment shall contain the following information:
(a) The name of the defendant as stated on
the judgment;
(b) The address of
the applicant;
(c) The telephone
number of the applicant;
(d) The
designation of the court in which the original judgment was entered whether
district or circuit court;
(e) The
county in which the court is located;
(f) The case number;
(g) The date of docketing in the judgment
docket;
(h) The total amount of the
money judgment;
(i) The date of any
prior partial satisfactions of judgment issued and the amount satisfied with
copies of all partial satisfactions;
(j) A copy of the criminal judgment in which
the monetary obligation is set forth must be attached to the request form;
and
(k) A certified copy of the
court clerk's record of payment which indicates the name of the defendant and
the case number must be attached to the request form.
(2) Request for Satisfaction of Judgment
Form: An approved request form is required which provides all of the above
information. The Issuer of Satisfactions shall determine if the information
submitted substantially complies with the rules. If the information submitted
is incomplete, additional information may be requested. The decision of the
Issuer of Satisfactions as to substantial compliance with these rules shall be
final.
(3) Full Satisfaction of
Judgment: A satisfaction of judgment may be obtained by the applicant from the
Issuer of Satisfactions for payments made to the state after payment in full of
the money judgment.
(4) Partial
Satisfaction of Judgment: A partial satisfaction of judgment may be obtained by
the applicant when less than the full amount of the money judgment has been
paid.
(5) Issuance of Satisfaction
After Payment: Upon receipt of the Request for Satisfaction of Judgment
accompanied by documents required by these rules, the Issuer of Satisfactions
shall issue a satisfaction of judgment equal to the total verified amount of
judgment equal to the total verified amount of payment received and file the
satisfaction with the court clerk of the court in the county in which the
original judgment was entered.
(6)
Filing of Satisfaction of Judgment: The Issuer of Satisfactions shall mail or
deliver the satisfaction of judgment to applicant and the court clerk's office
where the original money judgment was filed. If a certified copy of the
judgment was filed in the County Clerk Lien Records, a certified copy of the
Satisfaction of Judgment shall be mailed or delivered by the Issuer of
Satisfactions to the county clerk's office of the county in which the original
money judgment was issued. The Issuer of Satisfactions shall also deliver to
the applicant an executed Satisfaction of Judgment for every county where a
certified copy of the judgment or a lien record abstract has been recorded.
Verification of the docketing of the satisfaction of judgment shall be
forwarded by the Issuer of Satisfactions to the applicant at the address stated
on the Request for Satisfaction of Judgment by first class mail, postage
prepaid.
(7) No Independent
Verification Required: The Issuer of Satisfactions shall not be required to
obtain the certified payment record from the court clerk, obtain additional
documentation or verify payment of the money judgment. The Issuer of
Satisfactions shall refuse the applicant's request if the documentation
presented contains obvious or apparent irregularities or any procedural or
substantive basis exists for which a satisfaction should be denied. The
decision of the Issuer of Satisfactions to deny a satisfaction on procedural or
substantive grounds is final.
(8)
No Compromise by Issuer: The Issuer of Satisfactions issuing a satisfaction of
judgment shall not be authorized to compromise or make any agreement or
stipulation for satisfaction of the money judgment. A judgment may be satisfied
by less than the full amount only if the applicant provides the Issuer of
Satisfactions with a subsequent court order amending the original judgment or a
certified copy of a commutation order of the Governor, and, if any amounts
remain payable, a certified payment record from the court clerk evidencing
payments received in satisfaction of the amended judgment. If any monetary
obligations are deemed judgments for the payment of money under ORS 82.010 and
not subject to the court's statutory authority to modify such payments, then
interest may accrue on such obligations. Unless the payment of interest is
specifically ordered by the court, the Issuer of Satisfactions has absolute
discretion to waive any interest due on a monetary obligation in a criminal
money judgment. The decision of the Issuer of Satisfactions on waiver of
interest is final. Unless stated otherwise in the satisfaction, it shall be
presumed that the judgment did not accrue interest or that interest has been
waived by the Issuer.
(9) Matters
for Which Satisfactions are not Authorized:
(a) The Issuer of Satisfactions is not
authorized to issue any satisfaction where the monetary obligation runs to any
party other than the state;
(b) The
Issuer of Satisfactions is not authorized to issue satisfactions for any part
of the judgment other than a money judgment.
(10) Court Proceedings to Determine Payment:
If the applicant files a motion to obtain a satisfaction of judgment, the
prosecuting agency shall appear and respond as the judgment creditor. ORS
18.410. Upon request of the applicant accompanied by the order of the court and
the documents required herein, the Issuer of Satisfactions shall issue the
satisfaction of judgment and file such satisfaction of judgment in the county
in which the original judgment is entered and provide the applicant with an
executed Satisfaction of Judgment for every county where a certified copy of
the judgment or lien record abstract has been recorded.
(11) Notice to
Defendant of Authorized
Issuer: Upon request, the
prosecuting agency shall inform an
applicant of the
name and address of the
Issuer of Satisfactions authorized to issue a
satisfaction of judgment in the county in which the original
judgment was
entered. The form may be obtained from the
County Clerk.
NOTES:
-1- (1) and (2) Judgment Liens. When a judgment has been
docketed in the judgment docket of the circuit court, it becomes a lien upon
the real property of the defendant in the county where the judgment is
originally docketed. ORS 18.320 and 46.276. After a money judgment has been
docketed in the circuit court judgment docket by the clerk, a certified copy of
the judgment or a lien record abstract may be filed by the judgment creditor in
the County Clerk Lien Records in any other county in which the defendant owns
real property. ORS 18.320. The lien is effective against real property owned or
acquired by the defendant for ten years and may be renewed for an additional
ten year period. ORS 18.360.
-2- (3) and (4) Payment of Judgment. Payments on monetary
judgments due to the state are made generally to the clerk. ORS 137.017. A
satisfaction of judgment may issue under these rules only for payments made to
the court clerk or a state agency or public officer. Entry and docketing of a
criminal money judgment has the same effect as a judgment in a civil action.
ORS 137.180(4).
-3- (5) and (6) Issuance and Filing of Satisfaction of
Judgment. The legislative history of ORS 137.452 evidences an intent that the
Attorney General, or his designee, should serve a position analogous to that of
the attorney for a civil judgment creditor in issuing satisfactions of
judgments in criminal cases in which a money judgment has been entered. A civil
judgment creditor has the duty to file the satisfaction of judgment with the
court clerk. ORS 18.350. Therefore, the Issuer of Satisfaction is obligated to
file the satisfaction.
-4- (7) No Independent Verification. The District Attorney has
the duty to enforce criminal money judgments. ORS 8.680. The issuance of a
satisfaction of judgment is a documentary task indicating performance has been
completed. The Issuer of Satisfactions does not enforce the terms of criminal
judgments.
-5- Once the District Attorney elects to participate in issuing
a satisfaction in a particular case or cases, the District Attorney is the
Issuer of Satisfactions and any decision is final. By contrast, if the District
Attorney declines to participate at the outset, then the defendant is referred
to the Attorney General or if the District Attorney forwards the request to the
Attorney General then the Attorney General, in that instance, is the Issuer of
Satisfactions, whose decision is final. The Attorney General does not provide
another layer of review for satisfactions denied by District Attorneys.
-6- (8) No Compromise by Issuer. The Issuer of Satisfactions is
acting as the attorney for the judgment creditor in the issuance of a
satisfaction of judgment. The attorney for the judgment creditor cannot accept
anything other than money to satisfy a judgment except by special authority.
Barr v. Rader, 31 Or 225, 49 P 962(1897). A civil judgment
creditor is entitled to compromise and accept less than the full sum set forth
in the judgment and may have good economic reasons for doing so. See,
Dickinson v. Fletcher, 181 Or 316, 182 P2d 371 (1947). A
criminal money judgment for restitution is not a final judgment and therefore
interest on a judgment for the payment of money as provided in ORS 82.010 is
not applicable. State v. Dickenson, 68 Or App 283, 680 P2d
1028 (1984). A court may modify a restitution order. ORS 137.540(6). A
defendant may petition the court for remission of the payment of costs or any
unpaid portion thereof. ORS 161.655(4). If the defendant defaults in the
payment of a fine or restitution and is not in contempt, the court may reduce
or revoke the fine or order of restitution in whole or part. ORS 161.685(5).
There is no specific statutory authority for the court to modify other monetary
obligations imposed by the court, unless such payments are encompassed within
probation terms. ORS 137.540(6). The court has statutory authority to reduce or
remit fines, restitution or costs. ORS 161.665(4) and 161.685(5). Otherwise, a
criminal money judgment may be modified only by the Governor. ORS 144.640 et
seq. The Issuer of Satisfactions is not authorized to release a lien against a
specific parcel of real estate. ORS 137.452. Absent statutory authority the
Issuer of Satisfactions may not grant a release. See, 31 Op Attorney General
108 (1962-64). The entry of a satisfaction of judgment is prima facie evidence
of a discharge of the obligation. ORS 137.452(5); Dose v. Bank of
Woodburn, 58 Or 529, 115 P2d 286 (1911).
-7- (9) Matters for Which Satisfactions are not Authorized. ORS
137.452(4)(a) and (b). A money judgment in a criminal action is a judgment in
favor of the state and may be enforced only by the state. ORS
137.180(4).
-8- (10) Court proceeding to Determine Payment. It is the duty
of the state in criminal cases to release judgment liens after payment in full
has been made. An applicant may petition to have the court determine the
sufficiency of the payments made or determine the outstanding balance due for a
money judgment. ORS 18.410. If a hearing is necessary to determine the
sufficiency of payment, the prosecuting agency has access to the records needed
to verify the dates and amounts of payment. Therefore, the prosecuting agency
should reply to the defendant's or interested person's motion. Thereafter, the
Issuer of Satisfactions shall issue the satisfaction in accordance with the
court's order.
