The writ of execution of judgment of restitution referred to in ORS § 105.151 must be in substantially the following form:

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Terms Used In Oregon Statutes 105.156

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

______________________________________________________________________________

To the Sheriff:

This was an eviction action for possession of the following premises:

___________________________

___________________________

(city)

___________________________

(county)

 

Judgment was entered that the plaintiff have restitution of the premises and that the plaintiff may be entitled to court costs and disbursements.

In the name of the State of Oregon, you are ordered to enforce and serve this writ on the defendant, in the manner provided in ORS § 105.161.

You are ordered to enter the premises and remove the defendant and any other individual present on the premises who is subject to the judgment and return possession of the premises to the plaintiff. You may use all reasonable force that may be necessary to enter the premises and remove individuals who are subject to the judgment.

The plaintiff shall be responsible for removing, storing and disposing of any personal property left by the defendant on the premises following the removal of the defendant and the return of possession of the premises, as provided by ORS § 105.165.

DATED this ___ day of ______, ___.

 

______________________________________________________________________________ [2001 c.596 § 17 (105.151, 105.152, 105.153, 105.156, 105.157, 105.158, 105.159 and 105.161 enacted in lieu of 105.154); 2003 c.378 § 29; 2005 c.391 § 37; 2007 c.255 § 4]