Oregon Statutes 161.685 – Effect of nonpayment of fines, restitution or costs; report to consumer reporting agency; rules
(1) When a defendant who has been sentenced or ordered to pay a fine, or to make restitution, defaults on a payment or installment ordered by the court, the court on motion of the district attorney or upon its own motion may require the defendant to show cause why the default should not be treated as contempt of court, and may issue a show cause citation or a warrant of arrest for the appearance of the defendant.
Terms Used In Oregon Statutes 161.685
- Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(2) If the court finds that the default constitutes contempt, the court may impose one or more of the sanctions authorized by ORS § 33.105.
(3) When a fine or an order of restitution is imposed on a corporation or unincorporated association, it is the duty of the person authorized to make disbursement from the assets of the corporation or association to pay the fine or make the restitution from those assets, and if that person fails to do so, the court may hold that person in contempt.
(4) Notwithstanding ORS § 33.105, the term of confinement for contempt for nonpayment of fines or failure to make restitution shall be set forth in the commitment order, and shall not exceed one day for each $25 of the fine or restitution, 30 days if the fine or order of restitution was imposed upon conviction of a violation or misdemeanor, or one year in any other case, whichever is the shorter period.
(5) If it appears to the satisfaction of the court that the default in the payment of a fine or restitution is not contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount of the payment or installments due on the payment, or revoking the fine or order of restitution in whole or in part.
(6) A default in the payment of a fine or costs or failure to make restitution or a default on an installment on a fine, costs or restitution may be collected by any means authorized by law for the enforcement of a judgment. The levy of execution or garnishment for the collection of a fine or restitution shall not discharge a defendant confined for contempt until the amount of the fine or restitution has actually been collected.
(7) The court, or the court clerk if ordered by the court, may report a default on a court-ordered payment to a consumer reporting agency.
(8) The Chief Justice of the Supreme Court shall adopt rules under ORS § 1.002 establishing policies and procedures for reporting a default under subsection (7) of this section to a consumer reporting agency that may include, but are not limited to, limitations on reporting a default to a consumer reporting agency.
(9) Except as otherwise provided in this section, proceedings under this section shall be conducted:
(a) As provided in ORS § 33.055, if the court seeks to impose remedial sanctions as described in ORS § 33.015 to 33.155; and
(b) As provided in ORS § 33.065, if the court seeks to impose punitive sanctions as described in ORS § 33.015 to 33.155.
(10) Confinement under this section may be custody or incarceration, whether actual or constructive.
(11) As used in this section:
(a) ‘Consumer reporting agency’ means any person that regularly engages for fees, dues, or on a nonprofit basis, in whole or in part, in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties.
(b) ‘Restitution’ has the meaning given that term in ORS § 137.103. [1971 c.743 § 82; 1977 c.371 § 5; 1987 c.709 § 3; 1987 c.873 § 28; 1991 c.724 § 27a; 1995 c.79 § 50; 1995 c.512 § 4; 2015 c.9 § 3]
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