(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;(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.
Or. Admin. Code § 137-100-0020
JD 7-1990(Temp), f. & cert. ef. 8-20-90; JD 10-1990, f. & cert. ef. 12-13-90; JD 12-1991, f. & cert. ef. 12-23-91; DOJ 6-2001, f. & cert. ef. 8-24-01Stat. Auth.: ORS 137.452
Stats. Implemented: ORS 137.452