SUMMARY
This chapter is excerpted from the 2016 edition of Creditors' Rights and Remedies. The book contains the latest developments in debtor-creditor law and a wealth of practice tips to make you an efficient and effective lawyer. PDF Download with 13 MS Word forms - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 1
PROVISIONAL PROCESS
Thomas W. Stilley
Timothy A. Solomon
§ 1.1 INTRODUCTION
§ 1.1-1 Scope
§ 1.1-2 Brief History of Provisional Process Law in Oregon
§ 1.2 EXPLANATIONS, DEFINITIONS, AND DISTINCTIONS
§ 1.2-1 Provisional Remedies Covered in This Chapter
§ 1.2-2 Provisional Remedies Not Covered in This Chapter
§ 1.2-3 Execution (Postjudgment Remedy)
§ 1.2-4 Definitions under ORCP 81
§ 1.3 ISSUANCE OF PROVISIONAL PROCESS
§ 1.3-1 Facts Justifying Provisional Process
§ 1.3-2 Motion and Affidavit or Declaration: General Facts Alleged
§ 1.3-3 Obtaining the Order
§ 1.3-4 The Hearing
§ 1.3-5 Form of Order after Hearing
§ 1.3-6 Clarity of Order
§ 1.4 UNDERTAKING ON PROVISIONAL PROCESS
§ 1.4-1 When Required
§ 1.4-2 Form of Security or Bond
§ 1.4-3 Service
§ 1.4-4 Objections to Sureties
§ 1.5 ATTACHMENT
§ 1.5-1 When Available
§ 1.5-2 Property Subject to Attachment
§ 1.6 PREJUDGMENT GARNISHMENT
§ 1.6-1 When Available
§ 1.6-2 Contents of Writ
§ 1.6-3 Issuance
§ 1.6-4 Service
§ 1.6-5 Notice to Defendant
§ 1.6-6 Procedure after Service
§ 1.7 CLAIM AND DELIVERY
§ 1.7-1 When to Use
§ 1.7-2 Prerequisites
§ 1.7-3 Early Dismissal of Case Prohibited
§ 1.7-4 Required Elements in Application for Claim and Delivery
§ 1.7-5 Form of Order
§ 1.8 RESTRAINING ORDERS
§ 1.8-1 Defined
§ 1.8-2 When Available
§ 1.8-3 Injunctions and Receiverships Not Covered
§ 1.9 SPECIAL PROVISIONAL PROCESS PROBLEMS
§ 1.9-1 Service of Provisional Process
§ 1.9-2 Redelivery of Attached Property
§ 1.9-3 Third-Party Claims
FORM 1-1 Motion for Issuance of Provisional Process (Attachment)
FORM 1-2 Affidavit in Support of Attachment
FORM 1-3 Order to Show Cause
FORM 1-4 Temporary Restraining Order Pending Hearing
FORM 1-5 Order for Issuance of Writ of Attachment
FORM 1-6 Undertaking for Attachment
FORM 1-7 Writ of Attachment
FORM 1-8 Claim of Attachment Lien
FORM 1-9 Motion for Issuance of Provisional Process (Claim and Delivery)
FORM 1-10 Affidavit in Support of Claim and Delivery
FORM 1-11 Instructions to Sheriff (Claim and Delivery)
FORM 1-12 Order Granting the Issuance of Provisional Process (Claim and Delivery)
FORM 1-13 Order of Claim and Delivery