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Collecting on Judgments

John Parsons Parsons Farnell & Grein LLP

Nicholas Henderson

Motschenbacher & Blattner LLP

Multnomah Bar Association Continuing Legal Education Seminar

May 21, 2014

of 10 P:\Public Documents\Committees\CLE\CLE Master Files\05_21_14_Collecting on Judgments\Written Materials.docx

COLLECTING JUDGMENTS Presenters: Nicholas Henderson John D. Parsons I. DISCOVERY - Debtor Interrogatories/Exams & Enforcing Your Right to Discovery

ORS 18.265 provides a judgment creditor with the right to obtain an order from the court requiring the judgment debtor to appear before the court or a referee appointed by the court at a time and place specified by the court and further requiring the judgment debtor to answer questions under oath concerning any property or interest in property that the judgment debtor may have or claim. Subsection (1)(a) lists the prequisites to securing such an order, which are either the passage of 10 days after a notice of demand to pay has been served, the return of a writ of execution indicating that the judgment has not been satisfied or a garnishee response to a writ of garnishment that does not fully satisfy the judgment.

A judgment debtor may not be required to attend an examination in a county other than the county in which he/she resides or may be found at the time of service, unless the place of appearance is less than 100 miles from his/her residence. If it is more than 100 miles, they are entitled to be paid their mileage under ORS 44.415.

Subsection (7) provides that the court at any time after entry of judgment may enter an order restraining the judgment debtor from selling, transferring, or in any manner disposing of any property of the judgment debtor pending an examination under 18.265.

ORS 18.268 provides, inter alia, that the judgment creditor may subpoena and examine witnesses.

ORS 18.270 provides that at any time after a judgment has been entered, a judgment creditor may serve written interrogatories relating to the judgment debtor’s property and financial affairs. The interrogatories may be served in the manner provided for service of summons or by any form of mail addressed to the judgment debtor requesting a return receipt. Service by mail is effective on the date of mailing. The interrogatories must notify the judgment debtor that failure to answer truthfully shall subject to the judgment debtor to penalties for false swearing or for contempt.

The judgment debtor has 20 days after receipt to respond and to return the original answered interrogatories to the judgment creditor.

Failure to comply is contempt of court and a judgment creditor may commence proceedings under ORS 33.015 to 33.155.

See attached forms:

- Notice of Demand to Pay (A)

- Motion for Order for Examination (B)

- Order of Examination (B.1)

- Motion for Restraining Order (C)


- Restraining Order (C.1)

- Debtor Interrogatories (D)

- Motion for Order to Show Cause (Contempt) (E)

- Memorandum In Support (E.1)

- Order to Show Cause (E.2)

- Order of Contempt (E.3)

II. EXECUTION ON INTANGIBLE ASSETS

A. Trusts

When faced with a trust that the judgment debtor may have an interest in, there are several ways a judgment creditor can reach trust assets to satisfy its judgment. However, several questions must be answered before a judgment creditor can effectively collect:

1) What does the trust own?

2) Who transferred the assets to the trust?

3) What characteristics does the trust have?

4) What is the judgment debtor’s relationship to the trust (grantor, trustee, beneficiary)?

First step, get a copy of the trust document, as well as any amendments. If additional information is needed to answer the questions set forth above, the documents and information can be obtained through debtor exams, interrogatories, third-party subpoenas.

Claims against trust beneficiary (no spendthrift provision): a creditor may reach the beneficiary’s interest in trust distributions by garnishment or other execution against present or future distributions to or for the benefit of the beneficiary. ORS 130.300. However, “[t]he court may limit the award to such relief [to the creditor] as is appropriate under the circumstances.” Id.

Claims against trust beneficiary (spendthrift provisions): a partial spendthrift clause, which permits the beneficiary voluntarily to transfer his or her interest, is invalid. ORS 130.305(2). Also, funds from a spendthrift trust can be reached by creditors once the funds are distributed, or if the trustee has retained them after the time due for distribution. ORS 130.305(3), 130.320.

Claims against trust settlor. During a settlor’s lifetime, creditors can reach property of a revocable trust, whether or not it contains a spendthrift provision. ORS 130.315(1). A creditor of the grantor of an irrevocable trust may reach the maximum amount that can be distributed to, or for the benefit of, the grantor. If the trust has multiple grantors, the amount the creditor of one can reach may not exceed that grantor’s interest in the portion of the trust attributable to that grantor’s contribution. ORS 130.315(1)(b).


B. Executing on LLC interests

(1) Charging Orders

In its most basic sense, a charging order is a way for a judgment creditor to get to dividends, distributions, or other payments that would otherwise be paid to a person owing the judgment creditor money. See e.g. ORS 63.259. In short, a charging order is, generally speaking, a lien on the economic interest of the membership interest.

ORS 63.259 sets forth the rights of a judgment creditor against a member of a limited liability company upon obtaining a judgment. It provides as follows:

On application to a court of competent jurisdiction by any judgment creditor of a member, the court may charge the membership interest of the member with payment of the unsatisfied amount of the judgment with interest.

In the single member LLC context, a charging order does not merely create a lien, but may operate to affect the actual transfer the membership interest from the judgment debtor to the judgment creditor. See e.g. In re Albright, 291 BR 538, 50 Collier Bankr Cas 2d 1(Bankr D Colorado, April 4, 2003).

In Albright, an individual debtor, who was also the sole member of a Colorado limited liability company, commenced a bankruptcy proceeding in her individual capacity. After the bankruptcy trustee moved for an order authorizing the sale of the property of LLC, the debtor objected, contending that the trustee was at most entitled to a charging order against the debtor’s membership interest, giving the trustee the right only to any distributions to the debtor. The debtor argued that the assignment of her membership interest to the trustee (which occurred upon the filing of the bankruptcy petition), did not give the trustee the right to manage and liquidate the assets of the LLC. The bankruptcy court disagreed, stating that:

“In a single-member entity, there are no non-debtor members to protect. The charging order limitation serves no purpose in a single member limited liability company, because there are no other parties’ interests affected.”

Id. at 541.

The Albright court ultimately held that all of the debtor’s membership’s interest in the LLC had been transferred to the bankruptcy trustee upon the filing of the debtor’s petition, and there being no other members, the debtor’s interest ceased and the trustee became the sole member. Entry of a charging order in Oregon may operate as an assignment of all of judgment debtor’s membership interest pursuant to ORS 63.259 in the same manner as the filing of the debtor’s bankruptcy petition in Albright assigned the debtor’s interest in the LLC to the bankruptcy trustee.


(2) Other Execution Rights.

Another open issue in Oregon is whether a charging order represents the entire panoply of rights a judgment creditor has against a judgment debtor’s interest in an LLC. In a multiple member LLC context, is the judgment debtor limited to the lien of the charging order or can the judgment creditor execute its judgment to take ownership of the asset by sheriff’s sale?

The Oregon statute is silent. No part of ORS 63 specifically addresses this question one way or another. Other legislatures around the country have addressed this issue to varying degrees. For example, in Alaska, the legislature specifically adopted language stating that a charging order was a judgment creditor’s exclusive remedy against a judgment debtor’s membership interest. Alaska Stat. §10.50.380(c). 1 In contrast, ORS 63.259 only states:

On application to a court of competent jurisdiction by any judgment creditor of a member, the court may charge the membership interest of the member with payment of the unsatisfied amount of the judgment with interest. To the extent so charged, the judgment creditor has only the rights of an assignee of the membership interest. This chapter shall not deprive any member of the benefit of any exemption laws applicable to the members membership interest.

The question then becomes whether additional remedies are excluded merely because the statute is silent. As a general proposition Oregon courts are required to ascertain what is in a statute, and not to insert what has been omitted. ORS 174.010. The foundation of any further dispute on this issue would, as a general proposition, be focused on legislative intent. The statutory interpretative construct finds its genesis in Portland Gen. Elec. Co. v. Bureau of Labor & Indus., 317 Or 606,610-612, 859 P2d1143 (1993), as modified by State v. Gaines, 346 Or 160, 171-173, 206 P3d 1042 (2009).

See attached forms:

- Application for Charging Order (F)

- Charging Order (F.1)

III. EXECUTION ON TANGIBLE ASSETS

A. Examine exemptions.

Primary exemptions to watch for are found in ORS 18.345, but additional exemptions are scattered throughout state and federal law. For example:

ORS 743.049 (annuities);

1 (c) This section provides the exclusive remedy that a judgment creditor of a member or a member's assignee may use to satisfy a judgment out of the judgment debtor's interest in the limited liability company. Other legal or equitable remedies, including foreclosure on the member's limited liability company interest and a court order for directions, accounts, and inquiries that the debtor member might have made, are not available to the judgment creditor attempting to satisfy a judgment out of the judgment debtor's interest in the limited liability company and may not be ordered by a court.


ORS 743.046 and 732.240 (life insurance);

ORS 237.980 (public employee pension);

ORS 18.358 (ERISA-qualified retirement plans, 401ks, IRAs)

B. Avoid the cost of a bond with ORS 18.880.

With certain property, several significant costs will be incurred to seize a debtor’s property, such as tow truck charges to remove and store a debtor’s car or boat, or moving company charges to move and store other tangible assets. Additionally, having the sheriff seize property can result in the additional cost of a bond for the sheriff. See ORS 18.886. However, a creditor can largely avoid these expenses, and the need for a creditor’s bond, if the creditor instructs the sheriff to secure the levied property in the manner described in ORS 18.880.

See attached Instructions to Sheriff directing levy under ORS 18.880 (G)

C. Safe deposit boxes and “till taps”; forcible entry.

Often, a creditor will learn that a judgment debtor has a safe deposit box, and will want to execute on the contents. If the location of the safe deposit box can be found, the judgment creditor need only instruct the sheriff to levy on the debtor’s safe deposit box at the bank or financial institution in possession. Usually, a bank or financial institution will require an order of forcible entry.

Under ORS 18.887, a judgment creditor may obtain an order authorizing forcible entry by the sheriff, to obtain secured property that is subject to execution. Except as provided in ORS 18.255, a motion for such an order must be filed with the court in which the judgment was entered, and it must 1) identify the specific structure or other enclosure to be entered and 2) must contain a declaration under penalty of perjury that reflects facts supporting the judgment creditor’s good faith belief that personal property subject to a writ of execution is located within the structure or other enclosure.

Additionally, if the debtor is a brick and mortar business, the sheriff can be instructed to perform a “till tap” on all cash on hand on the premises. ORS 18.860 Without an order authorizing forcible entry, the sheriff can only ask for the funds, and must leave if the debtor refuses. If the sheriff has an order, he can demand currency, and take it by force if refused.

D. Practical considerations:

Demonstrating ability to pay at sheriff’s sale;

Buyer takes subject to pre-existing liens, and claims of others.


E. Getting the money out of court.

Once a sheriff sells tangible property or otherwise seizes cash or valuables, the creditor needs to obtain a court order to have the funds disbursed. A motion must be filed for an order authorizing distribution under ORS 18.950.

Attached forms:

Praecipe for Writ of Execution (H)

Writ of Execution (I)

Instructions to Sheriff (K)

Motion for Order Authorizing Forcible Entry (L)

Declaration in Support of Motion for Order Authorizing Forcible Entry (J)

Order Authorizing Forcible Entry (V)

Motion and order to release funds (DD)

IV. GARNISHMENT

A. “One shot” garnishments.

If the property garnished is other than wages as defined in ORS 18.600(13), the writ of garnishment reaches only the property in the garnishee’s possession at the time of delivery. ORS 18.625(1). The property may include debts due but not yet owed. This is the “one-shot” garnishment.

B. Wage garnishments.

For wages, the garnishment reaches wages due to the judgment debtor at the time the writ is delivered to the garnishee, and also all wages that become due during the 90 days after the writ is delivered.

Only one wage garnishment can be paid at a time. If multiple writs are issued to the same employer garnishee, the first delivered writ has priority. ORS 18.627(1). The employer is to pay on the first-delivered writ until it expires or is satisfied, whatever comes first. Thereafter, the employer shall begin paying on the subsequently delivered writs, in order of priority, as long as the subsequently delivered writs are still effective. The tricky part is that “[a]ny delay in payment under a writ by reason of this subsection does not affect the expiration of the writ's effect at the time specified in ORS 18.625.” ORS 18.627(2).

C. Wage exemptions.

“Earnings” are protected; basically, creditor can reach only 25% of a debtor’s net pay. ORS 18.385. However, there may not be any protection for self-employed debtors, as the definition of earnings appears to include only amounts paid to employees having the quality of a traditional employer-employee relationship See ORS 18.375(2); see also Yaden v. Osworth (In re


Osworth), 234 BR 497, 499–500 (BAP 9th Cir 1999) (self-employed real estate agents not protected).

D. Other statutory prohibitions on garnishment.

Under ORS 18.618, creditors may not garnish:

Equitable interests, except to the extent allowed under ORS chapter 130 (trusts).

Property in the custody of the law.

Property in the possession of a conservator.

Property in the possession of a personal representative that constitutes the subject matter of a trust contained in a duly probated will of a decedent.

If a residential landlord is the garnishee, property in the possession of a residential landlord that is held as a security deposit or prepaid rent under ORS 90.300.

The right of a seller under a land sale contract, as defined by ORS 18.960, to receive payments that are due more than 45 days after the writ of garnishment is delivered.

Amounts in an account in a financial institution that are not subject to garnishment under ORS 18.784.

An identification document, such as a driver license, passport, certified copy of a record of live birth or Social Security card.

E. Garnishing bank accounts – out-of-state debtor issues including community property issues

ORS 18.615 provides:

Except as specifically provided in ORS 18.600 (Definitions) to 18.850 (Challenge to garnishment form), a writ of garnishment delivered to a garnishee garnishes all personal property of the debtor, including but not limited to property in safe deposit boxes, stocks, wages, monetary obligations owing to the debtor that are then in existence whether due or to become due, property held on expired and unexpired bailments and leases, and property held by the garnishee pursuant to a security interest granted by the debtor to the garnishee. A writ of garnishment acts to garnish all property of the debtor possessed by the garnishee, all property of the debtor over which the garnishee has control and all property of the debtor that is in the custody of the garnishee. If a person other than the debtor has an interest in the garnished property, the writ of garnishment acts only to garnish the interest of the debtor in the property. (Emphasis supplied).

In this respect, it is the contention of the authors that a national banking association with a business presence in Oregon must respond favorably to a garnishment against a judgment


debtor’s account based on an Oregon judgment irrespective of the jurisdiction in which the account originated. For example, assume you have an Oregon judgment against a Washington resident, who banks with Wells Fargo based on an account originating in Clark County Washington. Do you have to domesicate your Oregon judgment first in Washington before garnishing this account? It is the opinion of the authors that you do not. That at least with respect to a national bank, if the depositor can access its funds while in Oregon, so can the judgment debtor. There is no language in ORS 18.615 exempting or otherwise removing from an Oregon court’s jurisdiction funds of the judgment debtor held in a national bank that has established a full service branch within the state of Oregon.

Similarly, nothing within ORS18.784 through 18.798, which contains the special statutory provisions applicable to “financial institutions” as a garnishee, excludes or exempts the funds within bank accounts that may have been opened in another state but that are otherwise accessible through a branch office in Oregon. Indeed, about the only argument that a bank inclined to expose itself to damages can advance is that the last sentence of ORS 18.655 (1)(e) limits the reach of a writ served on a financial institution to funds “held” in Oregon. However, that language is within a statutory provision dealing exclusively with the delivery of the writ, and details which persons may “receive” writs, and thus is not intended to limit the reach of a writ of garnishment.

With the reality of modern day banking, depositors/judgment debtors can access their funds anywhere in the world irrespective of the origin of the account. They can deposit funds into their accounts through their smart phones, move money from account to account via their phone or computer and by bills, again electronically from anywhere. In short, the notion of having to visit a branch where the funds were initially deposited simply no longer exists.

V. BANKRUPTCY

A. Automatic Stay. Immediately upon filing, all actions against the debtor and property of the bankruptcy estate are prohibited, and any unauthorized action is void (even if the creditor didn’t have notice of the bankruptcy filing). 11 U.S.C. § 362.

Virtually everything the debtor has, anywhere, is property of the bankruptcy estate. 11 U.S.C. 541.

In limited circumstances, a debtor’s bankruptcy filing stays regarding actions against co-debtors as well:

Only if Debtor files Chapter 13 and the debt is a consumer debt. 11 U.S.C. § 1301.

But, in other chapters, debtor can apply for a temporary injunction under, 11 U.S.C. § 105, to prevent collection attempts against a debtor’s principal.


B. Benefits of a bankruptcy filing. In certain circumstances, a debtor’s bankruptcy filing can be a good thing

Provides more transparency, as the debtor is required to file statements and schedules describing his or her finances in detail.

A debtor engaged in fraudulent transfers will be unable to continue engaging in funny business; post-petition transfers of estate property are recoverable under 11 U.S.C. § 549.

If the debtor has equity, he has to pay to successfully complete the bankruptcy case and obtain a discharge.

C. Negative aspects of a bankruptcy filing.

Hard work possibly goes down the drain if the debtor is able to discharge the debt;

Can be expensive, and those expenses can reduce the amount available to pay creditors;

Even if funds will be paid to judgment creditors, payment can be severely delayed.

D. Strategic considerations

1. Secured v. Unsecured

Secured creditors are entitled to much better treatment in bankruptcy. Make sure you have property perfected your lien.

2. Non-dischargeable claims

While the Bankruptcy Code is designed to give a fresh start to the “honest and unfortunate debtor,” the Code will not allow certain debts to be discharged. For instance, and in general terms, the following types of claims are not dischargeable:

o Claims for fraud. 11 U.S.C. § 523(a)(2);

o Embezzlement, larceny or misappropriation by a fiduciary. 11 U.S.C. § 523(a)(4);

o Willful and malicious injury to person or property; 11 U.S.C. § 523(a)(6);

o Claims for securities violations under state or federal law. 11 U.S.C. § 523(a)(19).


3. Denial of Discharge.

In certain circumstances, the debtor can forfeit his or her right to a discharge. The most common way this can occur is if the debtor makes false statements in his bankruptcy petition or schedules, testifies falsely in the bankruptcy proceeds, or if he transfers property with the intent to hinder, defraud or delay creditors. See 11 U.S.C. § 727. Pre-bankruptcy discovery can be crucial here, as inconsistencies discovered can provide settlement leverage.

4. Disputing Value of Assets

To confirm a plan in chapters 11, 12 and 13, debtors must comply with the “best interest of creditors” test. In general terms, this means that the debtor must pay creditors an amount equal to the non-exempt equity they have in their assets. If the judgment creditor has credible information that the debtor is understating the value of his or her assets, the creditor can object to confirmation of a plan, and litigate the values. This is difficult without excellent evidence.

E. Preference Issues

In very general terms, a preferential transfer is a transfer of the debtor’s property, on account of an antecedent debt, that allows the transferee to be paid more than it would have been paid from the bankruptcy estate had the transfer not occurred.

Obtaining a lien or a security interest in a debtor’s property is considered a “transfer.” See 11 U.S.C. § 101(54). If, during the 90-day period prior to the debtor’s bankruptcy, the judgment creditor obtained a lien or security interest, it is likely subject to attack by the bankruptcy trustee.

If settling with a judgment debtor, be careful with releases in settlement agreements. If the debtor wants a release upon payment or completion of a payment plan, condition the release on the debtor not filing bankruptcy for 91 days following the payment.

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IN T H E CIRGUIT COURT OF TFIE STATE OF OREGON

FOR THE COUNTY OF DESCHUTES

CaseNo.

NOTICE OF D E M A N D TO P A Y J U D G M E N T

) )

) )

Petitioners, )

V.

,

,

Respondents.

TO:

:

D E M A N D IS H E R E B Y M A D E on you for payment, within ten (10) days ofyour

receipt ofthis Notice, of that ceitain Judgment with a Money Award entered againstyou inthe

above-captioned proceeding on May 29,2012, Payment may be made to the Court or to the

undersigned attorneys at 1030 SW Monison Street, Poitland, Oregon 97205.

P L E A S E T A K E N O T I C E that your failure to pay will result in further court

proceedings.

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Page 1 - NOTICE OF D E M A N D TO P A Y M E N T JUDGMENT

C)A926I004\0017 jdp notice of deniand to payjudgnu'nt.wpd

PARSONS HARNELL & GREIN, LLP Atlorneys al Law

1030 SW Morrlsori Sireet Pdrtland, Oregon 97205

Telephone (503) 222-181? PAX; (503) 274-7879 A

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T O T A L A M O U N T D U E as of June 22,2012: $169,109.12, which represents

2 $ 161,809,28 in principal, $4,350 in costs, plus 72 days of interest on both of said amounts of

$2,969.84 atthe rate of nine percent (9%) per annum commencing April 11,2012 tlwough

4 June 22,2012. The per diem amount on said Judgment is $40,97,

DATED this JP^dny of June, 2012.

PARSONS F A R N E L L & GREIN, LLP

John D.ârsons, OSB #924235 Q E-Mail Address; jparsons@pfgIaw,com

Telephone; (503)222-1812 ,n Fax; (503) 274-7979

OfAttorneys for Petitioners

J 2 I hereby certify that I served the foregoing Notice of Demand to Pay Judgment on

, Respondents' attorney of record, by placing a true and correct copy thereof, duly ceitified to be such by me, in a sealed envelope,

1A postage fully prepaid, by certified mail, return receipt requested, and depositing the same in the U.S. Post Offiee at Portland, Oregon on the 22nd day of June, 2012.

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J J PARSONS F A R N E L L & GREIN, LLP

D A T E D this day of June, 2012,

By: Johivl), Parsons, OSB #924235

ryr) E-Mail Address: [email protected] Telephone: (503) 222-1812 Fax:(503)274-7979 Of Attorneys for Petitioners

Page 2 - NOTICE OF D E M A N D TO P A Y M E N T JUDGMENT P A R S O N S ^ I I A R N E U aôiÊiN, U P

1030 sw Morrison Stttel Porllond, Oreaon 97205

Oi\<)26100«OOI7 tiolice (il'ileiimKi lo pay jud8meiit,w|iii Teleptione (503) 222-1812 F A X : (£03) 27'l-79?9 A

^ CERTIFICATE OF SERVICE

2 I hereby certify that the foregoing NOTICE OF D E M A N D TO P A Y JUDGMENT was

2 served on:

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r

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g by the following indicated method or methods:

g X by mailmg via certified - return receipt requested mail, a full , true and correct copy thereof in a sealed, first-class postage-paid envelope, and addressed to the attorney as

1 A shown above, to the last-known office address of the attorney^ and deposited with the United States Postal Service at Portland, Oregon on the date set forth below.

^ ^ by faxing a full, true and correct copy thereof, addressed to the attorney as shown J 2 above, to the facsimile number of the attorney on the date set forth below,

12 by causing a full, hue and con-ect copy thereof to be hand-delivered to the attorney at the attorney's last-known office address listed above on the date set forth below.

14 by sending a full , true and correct copy thereof via overnight courier in a sealed,

y 2 prepaid envelope, addressed to the attorney as shown above, to the last-known office address of the attorney, on the date set forth below.

^ ̂ by transmitting with electronic mail a full, true and correct copy thereof to the Y^ attorney at the e-mail address number shown above, which is the last-known e-mail

address for the attorney's office, on the date set forth below.

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Jolm Df Parsons, OSB #924235 E-Mai l Address: jparsons@pfglaw,Gom PARSONS F A R N E L L & GREiN, LLP

„ T Attorneys at Law 1030 SW Morrison Street Portland, Oregon 97205 Telephone: (503) 222-1812 Fax; (503) 274-7979

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Dated this ^ -^ -^ay of June, 2012.

Of Attorneysfor Petitioners

Page 1 - CERTIFICATE OF SERVICE P A R S O N S FARNEns,<3REiN, L L P

O:\0261004\OOJ7jdp ilbflce of detnand to pay judgment.wpd iO30Swl^^ ^ 1030SWMorrisDn Slreel Portland, Orijnbn 97205

Telephone (503) 222-181Z FAX; (503) 271-7979 A

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IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE C O U N T Y OF DESCHUTES

CaseNo.

PETITIONERS'MOTION FOR E X A M I N A T I O N OF JUDGMENT DEBTOR (EX PARTE)

Petitioners,

V.

Respondents.

Petitioners respectfully move the Court for an Order requiring respondents and

judgment debtors to appear at

8:15 a.m.on [TUES/WED/FRl], Room [TO B E DETERMINED -

NEED TO C H E C K BOARD] , Deschutes County Courthouse, 1100 N W Bond, Bend,

Oregon 97701 and answer under oath questions concerning any property or interest in

property that said respondents may have or claim.

/ / /

/ / /

/ / /

/ / /

PAGE 1 - MOTION FOR E X A M I N A T I O N OF J U D G M E N T DEBTORS

OA9261004\0029 JDP MOTION FOR EXMilNATlON OF JUDGMENT DEDT0R.DOC B

1 This motion is made pursuant to ORS 18.265 and the records and files herein.

2 DATED this day of August, 2012. SCHMID M A L O N E L L C

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By: 5 Christian Malone, OSB #053170

E-Mail: [email protected] 6 Telephone: (541) 388-1107

Fax: (541) 388-7370 OfAttorneys for Petitioners

P A G E 2 - MOTION FOR E X A M I N A T I O N OF J U D G M E N T DEBTORS

O:\9261004\0029 JDP MOTION FOR EXAMINATION OF JUDGMENT DEBT0R.DOC B

CERTIFICATE QF SERVICE

I hereby certify that the foregoing PETITIONERS' MOTION FOR E X A M I N A T I O N

OF JUDGMENT DEBTOR (EX PARTE) was served on:

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4 John D. Parsons

5 Parsons Farnell & Grein, L L P 1030 SW Morrison Street

6 Portland, OR 97205 Fax:(503)274-7979

7 E-mail: [email protected]

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9 by the following indicated method or methods:

10 by mailing a full, true and correct copy thereof in a sealed, first-class postage-paid envelope, and addressed to the attorney as shown above, to the last-known office

11 address of the attorney, and deposited with the United States Postal Service at Portland, Oregon on the date set forth below.

12 by faxing a full, true and correct copy thereof, addressed to the attorney as shown

13 above, to the facsimile number of the attorney on the date set forth below.

14 by causing a full, true and correct copy thereof to be hand-delivered to the attorney IN COURT on the date set forth below.

15 by transmitting with electronic mail a full, true and coiTect copy thereof to the

16 attorney at the e-mail address number shown above, which is the last-known e-mail address for the attorney's office, on the date set forth below.

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Dated this day ofAugust, 2012.

20 Christian Malone, OSB #053170 E-mail: [email protected]

21 SCHMID M A L O N E L L C 550 N W Franklin Avenue, Suite 378

22 Bend, OR 97701 Telephone: (541) 388-1107

23 Fax: (541) 388-7370 Of Attorneys for Petitioners

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P A G E 1 - CERTIFICATE OF SERVICE

O:\9261004\0029 JDP MOTION FOR EXAMNATION OF JUDG^^ENT DEBT0R.DOC B

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FOR THE C O U N T Y OF DESCHUTES

,

Petitioners,

.

CaseNo.

ORDER FOR E X A M I N A T I O N OF JUDGMENT DEBTOR

Respondents.

This matter was submitted on Petitioners' Motion for Examination of Judgment

Debtors (Ex Parte), and it appearing from petitioners' supporting declaration and the records

and fdes herein that the judgment in this matter is unsatisfied; therefore, IT IS H E R E B Y

ORDERED that respondents/judgment debtors

appear before the presiding judge of the above-entitled

court in Room [TO B E DETERMINED - NEED TO C H E C K BOARD], Deschutes

County Courthouse4, 1100 N W Bond, Bend, Oregon 97701, at the hour of 8:15 a.m. on

[TUES/WED/FRI], and answer under oath questions concerning any property or

interest in property that said respondents/judgment debtors may have or claim.

DATED: Deschutes County Circuit Court Judge

PAGE 1 - ORDER FOR E X A M I N A T I O N OF J U D G M E N T DEBTORS

O:\9261004\003 1 JDP ORDER FOR EXAMINATION OF JUDGMENT DEBT0R.DOC B.1

1 Submitted by: Chi-istian Malone, OSB #053170

2 E-Mail: Chi-istian(gischmidmalone.com 2 Of Attorneys for Petitioners

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PAGE 2 - ORDER FOR E X A M I N A T I O N OF J U D G M E N T DEBTORS

O:\9261004\0031 ttlP ORDER FOR EXAMINATION OF JUDGMENT DEBT0R.DOC B.1

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CERTIFICATE OF SERVICE

1 hereby ceilify that the foregoing ORDER FOR E X A M I N A T I O N OF JUDGMENT

DEBTORS was served on:

John D. Parsons Parsons Farnell & Grein, L L P 1030 SW Morrison Street Portland, OR 97205 Fax: (503) 274-7979 E-mail: jparsons(^pfglaw.com

by the following indicated method or methods:

by mailing a full, true and correct copy thereof in a sealed, first-class postage-paid envelope, and addressed to the attorney as shown above, to the last-known office address of the attorney, and deposited with the United States Postal Service at Portland, Oregon on the date set forth below.

by faxing a full, true and con-ect copy thereof, addressed to the attorney as shown above, to the facsimile number of the attorney on the date set forth below.

by causing a full, true and correct copy thereof to be hand-delivered to the attorney IN COURT on the date set forth below.

by transmitting with electronic mail a full, true and correct copy thereof to the attorney at the e-mail address number shown above, which is the last-known e-mail address for the attorney's office, on the date set forth below.

Dated this day of August, 2012.

Chi-istian Malone, OSB #053170 E-mail: Chi-istian(g),schmidmalone.com SCHMID M A L O N E L L C 550 N W Franklin Avenue, Suite 378 Bend, OR 97701 Telephone: (541) 388-1107 Fax: (541) 388-7370 Of Attorneys for Petitioners

P A G E 1 - CERTIFICATE OF SERVICE

O:\9261004\0031 JDP ORDER FOR EXAMINATION OF JUDGMENT DEBT0R.DOC B.1

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FOR THE COUNTY OF M U L T N O M A H

EX PARTE MOTION F O R R E S T R A I N I N G O R D E R O N B E H A L F OF J U D G M E N T C R E D I T O R

) Case No. , )

Plaintiff, )

V, )

) , )

Defendant. )

M O T I O N

Pursuant to ORS 18,265(7), and the Court's inherent power to issue orders in aid of

execution pursuant to ORS Chapter 18 et seq., Plaintiff, in its capacity as judgment creditor

("Judgment Creditor"), respectfully requests the Court enter an Order restraining Defendant

from selling, transferring, encumbering, diluting or in any manner disposing, or otherwise

taking any action affecting the ownership, value, title or location of any of Defendant's

assets, whether real or personal, tangible or intangible,

POINTS A N D A U T H O R I T I E S

On July 23, 2012, a judgment was entered in favor of Judgment Creditor and against

Defendant in the total sum of $166,961.06, together with per diem interest atthe aggregate

rate of $41,17 (9% interest) on the entire amount, from June 29, 2009 until paid in full, and

prevailing party fees of $550,00,

P A G E 1 - MOTION FOR RESTRAINING ORDER

O:\9035003\03't4 JDP SUR E X ?t\KXE MOTION FOR RESTRAININO O R D E R . D O C

PARSONS FARNELL & GREIN, LLP Attorneys at Law

1Q30 SW Morrison Street Portland, OR 9T205

Telephone: (503) 222-1812 FAX: (503) 274-7979 C

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ORS 18.265(7) provides diat "[tjhe coiirt may at ally time enter an order restrainihg

the judgment debtor itom selling, transferring or in any mamier disposing of any property of

the judgnient debtor that is Subject to execution pending an examination under this section."

This Court has the audiority pursuant to the statutes cited herein, as well as thehroad

inherent powers afforded it under ORS Chapter 18 et seq., to order Defendant to maintain the

Status quo and refrain from engaging in any activity affecting the extent or value of

Defendant's assets.

Based upon the foregoing, Judgment Creditor respectfully requests the Court sign and

enter the Order being Submitted concuiTently herewith and restrain Defendant as requested

herein.

Dated: July ̂ ^ 0 1 2 PARSONS F A R N E L L & GREIN, LLP

By:. Jolii/D. Parsons, OSB #924235 E-mail: [email protected] Seth H . Row, OSB #021845 E-mail: srow@pfglaw'.com Attorneysfor Plaintiff

PAGE 2 - MOTION FOR RESTRAINING ORDER

OA9035003\0344 JDP SHR E X P A R T E M O T I O N I'OR l i E S T R A l N l N O O R D E R DOC


1030 SW Morrison Street Portland, OR 97205

Telephone; (503)222-1812 FAX; (503) 274-7979 C

C E R T I F I C A T E QF SERVICE

I hereby certify that the foregoing EX PARTE MOTIQ-U FOR RESTRAINING ORDER

ON B E H A L F OF JUDGMENT CREDITOR was served on:

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9 by the following indicated method or methods;

10 X by mailing a full , true and correet copy thereof in a sealed, first-class postage-paid envelope, and addressed to the attomey as shown above, to the last-known office

11 address of the attorney, and deposited with the United States Postal Service at Portland, Oregon on the date set forth below.

12 by faxing a full, true and con-ect copy thereof, addressed to the attorney as shown

13 above, to the facsimile number of the attorney on the date set forth below.

14 by causing a full , true and correct copy thereof to be hand-delivered to the attorney at the attorney's last-known office address listed above on the date set forth below.

^ ̂ X by transmitting with electronic mail a full, true and correct copy thereof to the 15 attorney at the e-mail address number shown above, which is the lastrknown e-mail

address for the attorney's office, on the date set forth helow.

17 0 Dated this of July, 2012.

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19 20 John^D. Parsons, OSB #924235

E-Mail Address: [email protected] 21 Seth H. Row, OSB #021845

E-Mail Address: [email protected] 22 Telephone No,: (503) 222-1812

Facsimile No.: (503) 274-7979 23 Attorneysfor Plaintiff

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P A G E 1 - CERTIFICATE OF SERVICE PARSONS FARNELL & GREIN, LLP

Attorneys at Law 1030 SW IVlorrison Street

O;\90350O3\0344 JDP SHR E X PARTE M O T I O N FOR RESTRAINING O R D E R . D O C Portland OR 97205 Telephone; (503) 222-1812 FAX; (S03) 274-7979

C

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4 IN THE CIRCUIT COURT OF THE STATE OF OREGON

5 FOR THE COUNTY OF M U L T N O M A H

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Plaintiff,

V.

,

Defendant.

CaseNo.

RESTRAINING ORDER

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^2 This matter came before the Court on Plaintiffs ("Judgment Creditor's") Motion for

14 Restraining Order. The Court considered Judgment Creditor's submission and being folly

15 advised in the premises,

IT IS H E R E B Y ORDERED THAT:

1. Defendant is hereby restrained from selling, transfemng, or in any manner

disposing of any of Defendant's property that are subject to execution,

2. This Order shall be effective until such time as an examination mder ORS

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21 18.265(7) is completed by Plaintiff,

22 Dated: , Adrienne Nelson

23 Multnomah County Circuit Court Judge

"̂̂ Respectfally submitted by: ^ - John D, Parsons, OSB #924235

Seth H, Row, OSB #021845 2g Attorneys for Plaintiff

PAGE 1 - RESTRAINING ORDER

O.\903S003\0343 ID? SHR RESTRABJINO O R D E R A L T 2 . D 0 C



Telephone; (503) 222-1812 FAX; (503) 274-7979 C.1

1 CERTIFICATE OF COMPLIANCE WITH UTCR 5.100(2)

2 I hereby certify that I complied with UTCR 5.100(2) with respect to the order or judgment to wliich this certificate is attached by doing the following:

3 On Friday, July 27, 2012,1 sei'ved opposing counsel with the order or judgment to

4 which this certificate is attached, which date is not less than 3 days prior to submission to the court.

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With a minor change from opposing counsel he agrees to the form of order.

Dated: August 1,2012 y^^ 7 Johr^'." Parsons, OSB #924235

E-mail: jparsons(g),pfglaw.com 8 PARSONS F A R N E L L & GREIN, L L P

1030 SW Morrison Street 9 Portland, OR 97205

Telephone: (503) 222-1812 10 Fax:(503)274-7979

Attorneys for Plaintiff

P A G E 2 - RESTRAINING ORDER

O:\9035003\0343 JDP SHR RESTRAINING ORDER ALT 2.D0C


1030 SW Morrison Sfreet Portland, OR 97206

Telephone: (603) 222-1812 FAX: (603) 274-7979 C.1

1 CERTIFICATE OF SERVICE

2 I hereby certify tliat the foregoing RESTRAINING ORDER was served on:

3

7 by the following indicated method or methods:

X by mailing a full, true and coiTcct copy thereof in a sealed, first-class postage-paid 9 envelope, and addressed to the attorney as shown above, to the last-known office

address of the attomey, and deposited with the United States Postal Service at 10 Portland, Oregon on the date set forth below.

11 by faxing a full, tme and correct copy thereof, addressed to the attorney as shown above, to the facsimile number of the attomey on the date set forth below.

12 by causing a full, true and correct copy thereof to be hand-delivered to the attomey

13 IN COURT on the date set forth below,

14 X by transmitting with electronic mail a full, true and correct copy thereof to the attorney at the e-mail address number shown above, which is the last-known e-mail

15 address for the attomey's office, on the date set forth below.

16 Dated this / ^-^dav of August, 2012.

17

18 John I^. Parsons, OSB #924235

19 E-Mail Address: iparsons(a),pfglaw.com SethH. Row, OSB #021845

20 E-Mail Address: srow(g),pfglaw.com Telephone No.: (503) 222-1812

21 Facsimile No.: (503) 274-7979 Attorneys for Plaintiff

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PAGE I - CERTIFICATE OF SERVICE

O;\9035003\0343 JDP SHR RESTRAINING ORDER A L T 2 . D 0 C C.1

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,

Plaintiff,

V .

CaseNo.

J U D G M E N T D E B T O R I N T E R R O G A T O R I E S

,

Defendant.

T O : D E F E N D A N T / J U D G M E N T D E B T O R

:

Pursuant to Oregon law, you must answer all of the following questions under oath,

signing your name in the space provided on the last page before a notary public. Your,

signed, notarized answers must be retumed to John D. Parsons, Parsons Farnell & Grein,

LLP , 1030 SW Morrison Street, Poi'tland, Oregon 97205, not later than 20 days after you

receive these papers.

You should keep a copy of the answers.

Your failure to answer all the questions tmthfuUy will subject you to penalties for

false swearing (contained in ORS 162.075) and for contempt of court (contained in ORS

33.015-33.155), as well as other penalties that the court may impose.

/ / / ' • •

P A G E 1 -KJDGMENT DEBTOR EsfTERROGATORIES

OASossoosWa-ie JDP SHR D E B T O R I I ^ R R O G A T O R J E S . D O C


1030 SW Morrison Sireet Portland, OR 97205

Telephono; (603) 222-1812 FAX; (603) 274-7979 D

1 If you do not have room on these papers to answer all the questions frdly, attach

2 additional sheets to complete your answers.

^ I N T E R R O G A T O R I E S

4 I N T E R R O G A T O R Y N O . 1: What is the current physical and mailing (if different) address

5 and telephone number for each entity or individual that has compensated

for goods or services over the past 24 months?

8 A N S W E R :

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I N T E R R O G A T O R Y N O . 2: What is the physical and mailing (if different) address for

12 each parcel of real property presently owned by or in which has an interest?

13 A N S W E R :

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17 I N T E R R O G A T O R Y N O . 3: List each fmancial institution, including but not limited to,

banlcs, credit unions, thrifts, and brokerage firms, where currently maintains an account

19 of any kind and/or has any signature authority, and include the city and state in which the

20 account was opened, the account number, and the balance of each such account on the

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following dates: June 12, 2012, July 23, 2012, and the date on which signs the response

23 to these interrogatories,

24 A N S W E R :

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P A G E 2 -JUDGMENT DEBTOR E^ITERROGATORIES

O;\903S003\03i|6 IDP SHR DEBTOR INTERROQATORIES.DOC


1030 SW Morrison Sireet Portland, OR 97205

Telephone: (603) 222-1812 FAX; (603) 274-7979 D

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I N T E R R O G A T O R Y NO. 4: List the name, address and telephone number for each

corporation, limited liability company, pailnership or joint venture in which is a

shareholder, member, partner or co-venturer and fuither state the number of shares owns

and/or s percentage ownership interest in each.

A N S W E R :

I N T E R R O G A T O R Y NO. 5: List each payment made by in excess of $1,000.00 over

the past 24 months, and include the dates, amounts, names and address of each recipient, and

what the payment was for.

A N S W E R :

I N T E R R O G A T O R Y N O . 6: Ifany of property has been seized or repossessed by, or

returned to any person or firai within the last 12 months, identify: the property; the date it

was seized/returned; the person or firm by whom it was seized and/or to whom it was

returned; and explain all of the reasons why such event(s) occurred?

A N S W E R :

PAGE 3 -JUDGMENT DEBTOR INTERROGATORIES

OlWOiSOOSVOJ-te JDP SHR DEBTOR INTERR00AT0R1ES.DOC



Telephone; (503) 222-1812 FAX; (603) 274-7979 D

1 I N T E R R O G A T O R Y N O . 7: In the past 48 months, has sold or othemise transferred

2 any asset, or any interest in any asset, with a value of $ 1,000,00 or more? If so, for each such

3 sale or transfer, identify the asset, the date of sale/transfer, the type of transaction involved,

4 . . the consideration received for the sale, and the name and address of the buyer/transferee?

5 A N S W E R :

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9 I N T E R R O G A T O R Y N O . 8: List all individuals and entities that owe PSS money, including the name and address of the individual or entity owing money, the amount of ^

^ ^ money owed to , explain why the money is owed to , and identify each date on which

12 each payment is due to for each such obligation,

13 A N S W E R :

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17 I N T E R R O G A T O R Y N O . 9: What stocks and bonds does own or have any interest in,

18 who has possession of them, and where are they located?

19 A N S W E R :

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23 I N T E R R O G A T O R Y N O . 10: What are the models, makes, and license numbers of all cars

24 and/or trucks that owns and/or in which it owns an interest? For each such vehicle,

25 state: the present value; whether it is subject to a lender's security interest; and i f subject to a

26

PARSONS FARNELL & GREIN, LLP Atlorneys at Law


Telephone; (503) 222-1812 FAX: (503) 274-7979


O:\90350O3\0346 JDP SHR DEBTOR INTERR00AT0RIES.DOC D

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security interest the amount of debt remaining owing. Also for each identify the VIN, license

number and all other identifying information on each such asset.

A N S W E R :

I N T E R R O G A T O R Y NO. 11: Does own or have any interest in any aircraft? Ifso,

what is the N-number for each aircraft and where is the aircraft currently located?

A N S W E R :

I N T E R R O G A T O R Y NO. 12: List each fmancial institution and the address and telephone

number of such institution(S) where has a safety deposit box.

A N S W E R :

I N T E R R O G A T O R Y NO. 13: List each claim for damages has against a person or

entity, including the date the claim arose, the persons or entities you believe are liable, and

what the status of the claim is (e.g., in litigation, reduced to judgment, etc.).

A N S W E R :

P A G E 5 -JUDGMENT DEBTOR INTERROGATORIES

O:\9035003\O346 ICP SIIR DEBTOR INTERR0aAT0RIES.DOC



Telephone; (503) 222-1812 FAX; (503) 274-7979 D

1 I N T E R R O G A T O R Y NO. 14. Unless specifically listed or identified in response to one of

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the foregoing interrogatories, list each source of money or income receives, including

but not limited to monies received from the operation of a business venture of any kind,

monies from rents, and include the amount and frequency of the such funds, and the address

and telephone number of the source.

A N S W E R :

^ 0 I N T E R R O G A T O R Y N O . 15: Excluding the above-captioned case, list each lawsuit in

11 which is currently involved as a defendant or plaintiff, including the name of the court

where the lawsuit is pending, the case number, and the name, address and telephone number

for any attorney currently representing in such lawsuit(s).

A N S W E R :

I N T E R R O G A T O R Y NO. 16: Is any of 's property cun-ently being held or managed by

a trust of any kind? If so, what is the nature of the property, what is the name of the trust,

and what is the name, address and telephone number of the trustee and any other beneficiary?

A N S W E R : •

P A G E 6 -JUDGMENT DEBTOR INTERROGATORIES

O;\9035003\03'l6 JDP SHR DEBTOR INTERR00AT0WES.DOC



Telephone; (503) 222-1812 FAX; (603) 274-7979 D

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I N T E R R O G A T O R Y N O . 17: Identify any and all tax refunds to which is entitled or

claims to be entitled, including the tax year, the amount, and the status of such refund(s).

A N S W E R :

I N T E R R O G A T O R Y NO. 18: Identify any money deposited in the name of another

person or entity currently and/or in the past two years, including the amount, the location'of

the deposit and the current balance.

A N S W E R :

I N T E R R O G A T O R Y N O . 19: To the extent not already identified above, identily all

propeity, real and personal, tangible and intangible, owned by , including a description of

the propeity, its location and its current value, including, but not limited to, its ownership

interest in any software (I.e., ).

A N S W E R :

Dated: July 25, 2012 PARSONS F A R N E L L & GREIN, L L P

John m Parsons, OSB #924235 E-mail: [email protected] Seth H. Row, OSB #021845 E-mail: [email protected] Of Attorneys for Plaintiff


O:\9035003\0346 JDP SUR DEBTOR INTERROGATORIES.DOC


1030 SW Morrison Slreel Portland, OR 97206

Telephone: (603) 222-1812 FAX: (503) 274-7979 D

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C E R T I F I C A T E OF S E R V I C E

I hereby certify that the foregoing JUDGMENT DEBTOR INTERROGATORIES was

served on:


X

X

by mailing a full, true and correct copy thereof in a sealed, first-class postage-paid envelope, and addressed to the attorney as shown above, to the last-lcnown office address of the attorney, and deposited with the United States Postal Service at Portland, Oregon on the date set forth below,

bv faxing a full, true and coitect copy thereof, addressed to the attorney as shown above, to the facsimile number of the attorney on the date set forth below,

by causing a full , true and correct copy thereof to be hand-delivered to the attorney at the attorney's last-lcnown office address listed above on the date set forth below,

by transmitting with electronic mail a full, true and correct copy thereof to the attorney at the e-mail address number shown above, which is the last-known e-mail address for the attorney's office, on the date set forth below.

Dated this 25th day of July, 2012,

JohfD. Parsons, OSB #924235 E-Mail Address: iparsons(g)pfglaw.com SethH, Row, OSB #021845 E-Mail Address: [email protected] Telephone No,: 503-222-1812 Facsimile No,: 503-274-7979 Attorneys for Plaintiff

PAGE 1 - CERTIFICATE OF SERVICE

O:\9O35003\O346 JDP SHU DEBTOR 11OTRR00AT0R1DS.DOC

PARSONS FARNELL & GREIN, LLP Attornsys at Law


Telephone; (603) 222-1812 FAX; (603) 274-7978

D


FOR T H E COUNTY OF M U L T N O M A H

. CaseNo.

Plaintiff, PLAINTIFF'S MOTION FOR ORDER TO SHOW CAUSE

V. (Contempt-ORS 33.015-33.155)

, B:>( Parte

Defendant.

Plaintiff, by and through the undersigned, moves the Court for an Order to Show Cause

requiring defendant to appear before this Court within two (2) days

from the date ofthis Order to deterniine whether defendant should be held in contempt for failing

to fully respond to written debtor interrogatories as ordered by the Court.

The motion is based on this motion, the memorandum of points and authorities and

Declaration of Seth FI. Row in Support of Motion for Order to Show Cause being fded

concurrently herewith, and the books and records on file herein.

DATED this i day of October, 2012.

PARSONS F A R N E L L & GREIN, LLP

By: Jolm D. Parsons, OSB #924235 E-Mail Address: jparsons(g)pfglaw.com SethH. Row, OSB #021845 E-Mail Address: srow@,pfglaw.com Telephone: (503) 222-1812 Fax: (503) 274-7979 Of Attorneys for Plaintiff

1 - MOTION FOR ORDER TO SHOW C A U S E PARSONS FARNELL & GREIN, LLP Ailorneys al Law

1030 SWMorrison Sireet Poriland, Oreoon 97205

O:\9035003\045'l jdp motion for order re OSCwpd E


I hereby certify that the foregoing PLAINTIFF'S MOTION FOR ORDER TO SHOW

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C A U S E was served on:

by the following indicated method or methods;

X

by mailing a full, true and correct copy thereof in a sealed, first-class postage-paid envelope, and addressed to the attorney as shown above, to the last-laiown offiee address of the attorney, and deposited with the United States Postal Service at Portland, Oregon on the date set forth below.

by faxing a full, true and correct copy thereof, addressed to the attorney as shown above, to the facsimile number of the attorney on the date set forth below.

by causing a full, true and correct copy thereof to be hand-delivered to the attorney at the attorney's last-lcnown office address listed above on the date set forth below.

by sending a full, true and correct copy thereof via overnight courier in a sealed, prepaid envelope, addressed to the attorney as shown above, to the last-known office address of the attorney, on the date set forth below,

by transmitting with electronic mail a full, true and correct copy thereof to the attorney at the e-mail address number shown above, which is the last-known Crmail address for the attorney's office, on the date set forth below.

Dated this l*^"^ day of October, 2012.

John D. Parsons, OSB #924235 E-Mail Address: jparsons(g),pfglaw.com SethH. Row, OSB #021845 E-Mail Address; srow(5),pfglaw.com PARSONS F A R N E L E & GREIN, LLP Attorneys at Law 1030 SW Morrison Street Pordand, Oregon 97205 Telephone; (503) 222-1812 Fax; (503) 274-7979 Of Attorneys for Plaintiff

Page 1 - CERTIFICATE OF SERVICE O:\9035003\0454jdp motion lor order re OSCiwpd


1030 SWMorrison Street Portland, Oregon 97205

Telephone (603) 222-1812 FAX; (503) 274-7979 E

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FOR THE C O U N T Y OF M U L T N O M A H

,

Plaintiff,

V,

,

Defendant.

Case No,

PLAINTIFF'S M E M O R A N D U M IN SUPPORT OF MOTION FOR ORDER TO SHOW C A U S E

(Contempt-ORS 33.015-33.155)

Ex Parte

Plaintiff, by and tlirough the undersigned, submits the foUowmg points and authorities in

support of its motion for order to show cause why defendant should not be held in contempt for

failure to respond to written debtor interrogatories served pursuant to ORS 18,270.

POINTS AND A U T H O R I T I E S

On July 23,2012, a general judgment with money award was entered against defendant

following a trial by juiy. The amount of the money award entered against defendant was

$166,961.06, plus pre-judgment interest. On July 25,2012, plaintiff served on defendant's

counsel of record written interrogatories directing defendant to answer certain questions

concerning its financial affairs. See Declaration of Seth H, Row in Support of Motion for Order

to Show Cause ("Row Dec"), f 2, Exhibit A.

Pursuant to ORS 18.270 (2), defendant had twenty days, or until August 14,2012, to

answer the interrogatories. Rather than timely respond, defendant filed a motion to quash on the

basis that this Court lacked jurisdiction with regard to post-tiial proceedings, The hearing on

Page 1 - M E M O . ISO MOTION FOR ORDER TO SHOW CAUSE

O;\9035003\0453 jdp meniprandijm \ n support of motioii for OSC.wpd

PARSONS FARNELL & GREIN, LLP Ailorneys at Law

1030 SW Mon-ison Street Portland, Oregon 97205

Telephone (503) 222-181? FAX: (503) 274-7979 E.1

1 said motion to quasli was held Monday, September 24,2012. Defendant's motion was denied.

2 Moreover, this Com't ordered defendant to respond to the interrogatories by the end of business

3 on Friday, September 28,2012.

4 On Friday, September 28, 2012, defendant delivered, via e-mail, its response to the debtor

5 interrogatories,' Row Dec., f 3, Exhibit B. Unfortimately, certain of defendant's responses are

g materially non-responsive, For example, defendant objected to and refused to respond to

^ Interrogatory Nos. 1, 5 and 7. Eaeh ofthese interrogatories would provide evidence ofwhether

g defendant has engaged in any effort to hide or h-audulently transfer assets. Moreover,

g Interrogatory No. 1 relates to Interrogatoiy No. 14. Defendant refuses to respond to Interrogatoiy

1Q No. 1, which identifies its sources of income in the regular course of business for the last 24

11 months, and then asserts in Response to Interrogatory No. 14 that it has no current source of

12 income, While this response may be true, it seems imlikely that defendant is not owed any

j3 money by any third party,inasmuch as defendant has on-going contractual relations with, among

^ 4 others, the . Row Dec,, % 4,

J 5 Plaintiff is informed and believes that some, if not many, of defendant's license renewals

l g come due on Ootober 1, 2012. Row Dec, f 5. Consequently, the timing of defendant's complete

j-j response to the interrogatories materially impacts plaintiffs ability to secure and execute on its

lg judgment.

19 Additionally, defendant was asked to identify all ofits propeity, real, personal, tangible,

20 or intangible, in Interrogatory Nos. 14 and 19. Its response to both was "none," This answer

21 could not possibly be true. Defendant has claiined in deposition testimony that it either owns the

22 software that was licensed to, among others, the

23 , or defendant Hcenses the from a company Called

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22 ' In its response, defendant lodges a new objection based on lack of service under ORS 18,270, Defendant did not raise this objection in its motion to quash or at any time before

26 9/28/12. Plaintiff s counsel acknowledges that service was made by serving defendant's counsel, but asks the Court to nevertheless compel a full and complete response to the interrogatories.

Page 2 - MEMO. ISO MOTION FOR ORDER TO SHOW CAUSE P A R S O N S ^ F A R N | U & G R E I N , U P

1030 sw Morrison street Portland, Oregon 97205

O;\903S003\0453 jdp iiiemoranduiivin support of motion for OSCvvpd Telephono (503) 222-1812 F A X ; (503) 274-7979 E.1

J that is owned by . Row Dec, ^ 6; Exhibit

2 C, page 14, line 11 through page 16, line 17; Row Dec. *| 7; Exhibit D, page 8, Une 5 through

3 page 9, line 4.

4 Pursuant to ORS 18.270 (3), "[fjailure of the judgment debtor to comply with the

g provisions of [ORS 18,270] is contempt of court, and the judgment creditor may commence

g proceedings under the provisions of ORS 33.015 to 33.155." (emphasis suppUed). See also

J ORS 33.015 (l)(e) ("'Contempt of court'" means... [vjiolation of a statutory provision that

g specifically subjects the person to the contempt power of the court."). Defendant is in contempt

g of court and remedial sanctions pursuant to ORS 33.045 are appropriate.

YQ As the Court may recall, defendant was initially ordered to respond to the interrogatories

11 within 24 hours. Defendant then asked for more time and the Court gave it untU the end of

12 business on Friday, September 28. Even with the extra time, defendant still failed to fully and

13 completely respond to the interrogatories,

14 Based upon the foregoing, plaintiff respectfully requests that the Court enter an order

J 5 requiring defendant to appear and show cause why it should not be held in contempt of court, and

1 g impose a fine of not less than $ 10,000.00 against defendant, together with an award of plaintiffs

2 y attorney fees incuiTed in bringing this contempt motion, or such other relief that the Court deems

1 g appropriates as well as ordering defendant to fully respond to each and every interrogatory, and

|C) specifically Nos, 1, 5,7,14 and 19, within 48 hours of the Court's order.

20 D A T E D this \ ^ day of October, 2012.

21 PARSONS F A R N E L L & GREIN, L L P

22

By: 1^. KC Jolm D. Parsons, OSB #924235 E-Mail Address: j pa rsons(g)pfgl aw. com SethH. Row, OSB#021845

9 c E-MaU Address: [email protected] Telephone: (503) 222-1812

25 Fax:(503)274-7979 Of Attorneys for Plaintiff

Page 3 - M E M O . ISO MOTION FOR ORDER TO SHOW C A U S E P A R S O N S ^ F A R N E U ^ S G R E I N , U P

1030SWMofflson Sireet Portland, Oregon 97205

O:\903S003\O453 jdp memorandum in support of molion for OSC.wpd Telephone (503) 222-1812 FAXi (503) 274-7979 E.1

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I hereby certify that the foregoing PLAINTIFF'S M E M O R A N D U M IN SUPPORT OF

MOTION FOR ORDER TO SHOW CAUSE was served on;


X

by mailing a full, true and correct copy thereof in a sealed, first-olass postage-paid envelope, and addressed to the attorney as shown above, to the last-lcnown office address ofthe attorney, and deposited with the United States Postal Service at Portland, Oregon on the date set forth below,

by faxing a full, true and correct copy thereof, addressed to the attorney as shown above, to the facsimile number ofthe attorney on the date set foith below.


by sending a full, true and correot copy thereof via overnight courier in a sealed, prepaid envelope, addressed to the attorney as shown above, to the last-lcnown office address ofthe attorney, on the date set forth below.

by transmitting with electronic mail a full, true and correct copy thereof to the attorney at the e-mail address number shown above, which is the last-known e-mail address for the attorney's office, on the date set forth beloW.

Dated this day of October, 2012.

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Page 1 - CERTIFICATE OF SERVICE O:\9035003\0453 jdp memorandum in support of motion for OSC.wpd

John D. Parsons, OSB #924235 E-Mail Address: jparsons(a),pfglaw.com SethH, Row, OSB #021845 E-Mail Address; srowfg),pfglaw.com PARSONS F A R N E L L & GREIN, L L P Attorney's at Law 1030 SW Morrison Street Portland, Oregon 97205 Telephone: (503)222-1812 Fax; (503) 274-7979 Of Attorneysfor Plaintiff

PARSONS FARNELL & GREIN, LLP Ailomeys al Law

lOaOSWMorrlSdn Street Portland, Oregon 97205

Telephone (503) 222-181? FAX; (603) 274-7979

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.

Plaintiff,

V,

,

Defendant.

CaseNo.

ORDER TO SHOW C A U S E

(Contempt-ORS 33.015-33.155)

Ex Parte

)

This matter having come before the Court on Plaintiff Motion for

Order to Show Cause on October 3,20l2, the response (if any) ofDefendant

., and the records and files herein,

ITIS H E R E B Y ORDERED that ' s motion for order to show cause is GRANTED

and defendant . is ordered to appear before tliis Court on

, 2012 at a.m. to show cause why it should not be held in

contempt for failing to fully and completely answer the debtor interrogatories,

DATED this day of October, 2012,

Judge Adriemie Nelson Muhnomah County Circuit Court

Submitted by: John D. Parsons, OSB #924235 Seth H . Row, OSB #021845 Parsons FarneU & Grein, LLP Attorneys for Plaintiff

Page 1 - ORDER TO SHOW C A U S E

O:\9035003\0456jdp order re OSC.wpd

PARSONS FARNELL S QREIN, LLP AUorneys al Law

1030 SW Morrison Sireet Portland, Oregon 97205

Telephone (603) 222-1812 FAX: (503) 27'l-7979 E.2

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I hereby certify that the foregoing ORDER TO SHOW C A U S E was served on:


X

by mailing a full , true and correct copy thereof in a sealed, first-class postage-paid envelope, and addressed to the attorney as shown above, to fhe last-known office address of the attorney, and deposited with the United States Postal Service at Portland, Oregon on the date set forth below.

by faxing a full , true and correct copy thereof, addressed to the attorney as shown above, to the facsimile number ofthe attorney on the date set forth below.

by causing a fiiU, true and correct copy thereof to be hand-delivered to the attorney at the attorney's last-known office address listed above on the date set forth below.

by sending a fi i l l , true and correct copy thereof via overnight courier in a sealed, prepaid envelope, addressed to the attorney as shown above, to the last-known office address ofthe attorney^ on the date set fortb below.

by transmitting with electronic mail a fidl, true and correct copy thereof to the attorney at the e-mail address number shown above, which is the last-known e-mail address for the attomey's office, on the date set forth below.

Dated this day of October, 2012.

Jolm D. Parsons, OSB #924235 E-Mail Address; jparsons(g)pfglaw.com SethH. Row, OSB #021845 E-Mail Address; [email protected] PARSONS F A R N E L L & GREIN, LLP Attorneys at Law 1030 SW Morrison Street Portland, Oregon 97205 Telephone; (503) 2224812 Fax;(503) 274-7979 Of Attorneysfor Plamtiff

Page 1 - CERTIFICATE OF SERVICE O:\90350O3\d456 Jdp order re OSC.wpd

PARSONS, FARNELL S GREIN, LLP AtlornOTs at Law

1030SWMorrison Street Portland, Oregon 97205

Telephone,(503) 222-181? FAX: (603) 274-7979

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FOR T H E COUNTY OF M U L T N O M A H

.

Plaintiff,

.

Defendant.

CaseNo.

ORDER OF CONTEMPT REGARDING DEFENDANT'S FAILURE TO ANSWER DEBTOR INTERROGATORIES

THIS M A T T E R C A M E before the Court on October 8, 2012 for defendant

. to show cause why it should not be held in contempt for failing to fully

respond to written debtor interrogatories as previously ordered by the Court. Plaintiff

appeared by and through its counsel, Seth H. Row. Defendant appeared by and through its

counsel, (via telephone).

The Court, having reviewed the documents fded, and having heard and eonsidered

oral argument from counsel, and being fully apprised in the premises, hereby

ORDERS that:

1. The Court fmds Defendant in contempt of Court;

2. Defendant . shall respond in full to Plaintiffs written

debtor interrogatories no later than 5:00 pm Pacific time on Wednesday, October

10,2012;

P A G E 1 - ORDER OF CONTEMPT

O;\9035003\0468 SHR ORDER OF CONTEMPT.DOC


1030 SW iVlorrison Sireet Portland, OR 97205

Telephone; (603) 222-1812 FAX: (503) 274-7979 E.3

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3. Defendant shall pay Plaintiff s attorney fees associated with Plaintiff s Motion for

Order to Show Cause and the show cause hearing. Plaintiff shall submit a

statement of its attorney fees no later than October 15,2012 along with a

proposed Order directing Defendant to pay the fees within ten (10) days of the

entry ofthe Order;

4. Defendant shall be assessed a monetary sanction of $500 per day for every day

after October 10,2012 that it fails to fiilly respond to Plaintiff s written

interrogatories.

IT IS SO ORDERED.

DATED:

Submitted by: Seth H. Row, OSB #021845 Of Attorneys for Plaintiff

Judge Adrienne Nelson Circuit Court Judge

PAGE 2 - ORDER OF CONTEMPT




Telephone: (603) 222-1812 FAX: (503) 274-7979 E.3

1 C E R T I F I C A T E OF SERVICE

2 I hereby certify that the foregoing ORDER OF CONTEIVIPT REGARDING

3 DEFENDANT'S F A I L U R E TO ANSWER DEBTOR INTERROGATORIES was served on:

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by mailing a full , true and correct copy thereof in a sealed, first-class postage-paid 10 envelope, and addressed to the attorney as shown above, to the last-known office

address of counsel for attorney, and deposited with the United States Postal Service at 11 Portland, Oregon on the date set forth below.

12 X by faxing a full, true and correct copy thereof, addressed to the attomey as shown above, to the facsimile number of counsel for attomey on the date set forth below.

13 X by causing a full, trae and correct copy thereof to be hand-delivered to counsel for

14 " defendant at counsel's last-known office address listed above on the date set forth below.

15 by transmitting with electronic mail a full, true and correct copy thereof to counsel

16 for defendant at the e-mail address number shown above, which is the last-known e-mail address for counsel's office, on the date set forth below. Counsel for defendant

17 has consented to service via email

18 Dated this _ ^ ^ ^ d a y of October, 2012.

19 PARSONS F A R N E L L & GREIN, LLP

20

21 John iTParsons, OSB #924235

22 E-Mail Address: jparsons(g)pfglaw.com SethH. Row, OSB #021845

23 E-Mail Address: [email protected]

Attomeys for Plaintiff

PAGE 1 - CERTIFICATE OF SERVICE



1030 SW Morrison Sfreet Portland, OR 97205

Telephone; (503) 222-1812 FAX: (503) 274-7979

E.3

IN THE CIRCUIT COURT OF

FOR THE COUNTY

THE STATE OF OREGON

OF DESCHUTES

, EXPARTE APPLICATION FOR

C H A R G I N G ORDER (ORS 63.259)

CaseNo.

Petitioners,

V.

.

Respondents.

APPLICATION FOR CHARGING ORDER

Pursuant to ORS 63.259, Petitioner , in its capacity as judgment creditor

("Judgment Creditor"), respectfully moves the Court for an Order charging 100% of Respondent

membership interest in

with payment of the judgment entered against and in favor of Judgment Creditor in

this Court on May 29,2012.

On May 29,2012, ajudgment was entered in favor of Judgment Creditor and against

in the total sum of $67,493.60, with said amount consisting of a principal money

award in the amount of $63,143.60, together with $4,350.00 in costs, plus per diem interest at the

rate of $16.64 per day on the aggregate balance from April 11, 2012 untd paid in full.

POINTS AND AUTHORITIES

/ / /

1 - APPLICATION FOR CHARGING ORDER

O:\9261004\0013 jdp ex parte application for charging order.wpd F

1 ORS 63.259 provides, in relevant part:

2 "On application to a court of competent jurisdiction by any judgment creditor of a member, the court may charge the membership interest of the member with

3 payment of the unsatisfied amount of the judgment with interest. To the extent so charged, the judgment creditor has only the rights ofan assignee ofthe

4 membership interest...."

2 is a member of A valid, enforceable judgment

5 and money award having been entered against , all ofhis membership interest in

y Glacier Place Property, L L C is subject to a charging order pursuant to ORS 63.259 as set forth

g above.

g Based upon the foregoing, Judgment Creditor respectfully requests the Court sign and

2 0 enter the Charging Order being submitted concurrently herewith.

11 DATED this ^^^y of June, 2012.

22 PARSONS F A R N E L L & GREIN, L L P

a Df Parsons,

13

14 ^y-John I f . Parsons, OSB #92423 5

1 r E-Mail Address: [email protected] Telephone: (503)222-1812 Fax: (503) 274-7979 OfAttomeysfor Petitioner BGJJ, LLC

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Page 2 - APPLICATION FOR CHARGING ORDER P A R S O N S F A R N E U & ^ G R E I N , LLP

1030 SW Morrison Streel Portland, Oregon 97205

O \9261004\0013 jdp ex parte applicalion for cliarging order.wpd Telephone (603) 222-1812 FAX: (603) 274-7979 F

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I hereby ceitify that the foregoing EXPARTE APPLICATION FOR CHARGING

ORDER was served on:


X by mailing a full, true and correct copy thereof in a sealed, first-class postage-paid envelope, and addressed to the attorney as shown above, to the last-loiown office address of the attorney, and deposited with the United States Postal Service at Portland, Oregon on the date set forth below.

by faxing a full, true and correct copy thereof, addressed to the attorney as shown above, to the facsimile number of the attorney on the date set forth below.


by sending a full, true and correct copy thereof via overnight courier in a sealed, prepaid envelope, addressed to the attorney as shown above, to the last-known office address of the attorney, on the date set forth below.

by transmitting with electronic mail a full, true and correct copy thereof to the attorney at the e-mail address number shown above, which is the last-known e-mail address for the attomey's office, on the date set forth below.

Dated this £f3ay of June, 2012.

John D. Parsons, OSB #924235 E-Mail Address: jparsons(^pfglaw.com PARSONS F A R N E L L & GREIN, L L P Attomeys at Law 1030 SW Morrison Street Portland, Oregon 97205 Telephone: (503) 222-1812 Fax: (503) 274-7979 Of Attorneys for Petitioners

Page 1 - CERTIFICATE OF SERVICE O:\926l004\00t3 jdp ex parte application for charging order.wpd

PARSONS FARNELL & GREiN, LLP Attomeys at Law

1030 SW Morrison Street Portland, Oregon 97205

Teiephone (503) 222-1812 FAX: (503) 274-7979

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Page 1 - INSTRUCTIONS TO SHERIFF

Motschenbacher & Blattner, LLP

117 SW Taylor St., Suite 200 Portland, OR 97204

Phone: (503) 417-0500 Facsimile: (503) 417-0501


FOR THE COUNTY OF MULTNOMAH

,

Plaintiff,

vs.

, Defendant.

No. INSTRUCTIONS TO SHERIFF

TO: SHERIFF OF MULTNOMAH COUNTY:

On behalf of plaintiff, you are hereby instructed to carry out the terms of the Writ of

Execution in the above-captioned case which has been forwarded to you by the Multnomah

County Circuit Court Administrator, and to levy on and to sell the following personal property of

the Defendant:

1998 Volvo; VIN: ; Plate No. ;

1995 Ford Pickup; VIN: ; Plate No. ;

1999 Volvo; VIN: ; Plate No. ;

1996 Volvo; VIN: ; Plate No. .

The location of the above-described property is believed to be ,

Portland, OR . Please secure the vehicles in the manner described in ORS 18.880.

/ / /

/ / /

/ / /

/ / /

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Phone: (503) 417-0500 Facsimile: (503) 417-0501

Additionally, you are further instructed to levy on and sell the following intangible

personal property described as:

All shares, ownership interests, or other right, title and interest of defendant in the entity

of ;

All shares, membership interests, or other right, title, and interest of defendant in the

entity of .

Pursuant to ORS 18.878(1)(d) and ORS 18.884(1) you are instructed to issue and file a

Notice of Levy with the Court.

Pursuant to ORS 18.920 you are instructed to issue a Notice of Sale and post that Notice

of Sale in three public places in Multnomah County not more than 20 days before the date of sale

identified in the Notice of Sale and not less than 10 days before that date.

Pursuant to ORS 18.888 you are instructed to then mail by first class mail and by

certified mail, return receipt requested, the Writ of Execution, Notice of Levy, Notice of Sale,

and Challenge to Execution form to the following parties:

/ / /

/ / /

/ / /

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Phone: (503) 417-0500 Facsimile: (503) 417-0501

You are further instructed to send via fax or email, and first class mail the Writ of

Execution, Notice of Levy, and Notice of Sale to the undersigned. You are lastly instructed and

requested to perform any other acts which are required by law with respect to execution on

intangible personal property.

The personal property to be executed upon is not residential property as defined by ORS

18.901. An order pursuant to ORS 18.884 has not been entered, and therefore, no special

instructions are required.

DATED this ______ day of March, 2011

MOTSCHENBACHER & BLATTNER LLP

By: Nicholas J. Henderson, OSB #074027

Email: [email protected] Of Attorneys for

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Page 1 - PRAECIPE FOR WRIT OF EXECUTION



Phone: (503) 417-0500 Facsimile: (503) 417-0501



,

Plaintiff,

vs.

, Defendant.

No. PRAECIPE FOR WRIT OF EXECUTION

TO THE ADMINISTRATOR OF THE ABOVE-ENTITLED COURT:

You are hereby requested and instructed to issue a writ of execution to the Sheriff of

Multnomah County, Oregon in the above-entitled case upon the general judgment entered on or

about .

1. The principle indebtedness due Plaintiff under the judgment is $ , plus

unpaid interest of $ , plus unpaid costs of $ , plus unpaid attorney fees of

$ as of .

2. The balance due as of , is $ .

3. The property described in the execution is not real property.

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Phone: (503) 417-0500 Facsimile: (503) 417-0501

It is hereby certified that the provision of the execution conform to the terms of

aforementioned judgment in this matter. This execution is to be issued as execution on all

intangible personal property of the defendant.

Dated this ______ day of .


By: Nicholas J. Henderson, OSB #074027


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Page 1 - WRIT OF EXECUTION



Phone: (503) 417-0500 Facsimile: (503) 417-0501



,

Plaintiff,

vs.

, Defendant.

No. WRIT OF EXECUTION


On or about , in the above-entitled court, a general judgment and money

award was docketed in this case in favor of plaintiff and against defendant .

The name and mailing address for the judgment creditor is , c/o Nicholas J.

Henderson, 117 SW Taylor Street, Suite 200, Portland, OR 97204.

Now, therefore, in the name of the State of Oregon, you are hereby commanded to sell, in

the manner prescribed by law for the sale of tangible and intangible personal property, excepting

as the law exempts, tangible and intangible personal property owned by defendant, to satisfy the

amount owing under the judgment which is the principal sum of $ plus interest on the

principal sum at % APR from , plus costs of $ , plus attorney fees of

$ , plus the costs

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Phone: (503) 417-0500 Facsimile: (503) 417-0501

of and upon this writ and make due return hereon within 60 days after you have received this

writ. The total due as of , under judgment is $ .

DATED: _______________, 20___.

MULTNOMAH COUNTY

COURT ADMINISTRATOR

By: Deputy Clerk

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I

DECLARATION OF TROY G. SEXTON


117 SW Taylor Street, Suite 200 Portland, Oregon 97204-3029

[email protected] Telephone: 503-417-0500 • Fax: 503-417-0501

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,

Plaintiff,

v.

,

Defendant.

Case No. DECLARATION OF TROY G. SEXTON IN SUPPORT OF EX PARTE MOTION FOR ORDER ALLOWING FORCIBLE ENTRY FOR PURPOSE OF LEVYING ON PERSONAL PROPERTY

I, Troy G. Sexton, hereby declare under the penalty of perjury that:

1. I am an attorney for the judgment creditor in the above-captioned case.

2. On November 8, 2013, I visited , Portland OR 97204,

the listed business address for . A sign on the wall outside the suite

indicated that it is the business address of .

3. My good faith belief is that the above location is still being used for business

purposes, and that personal property subject to a writ of execution of Defendant

is behind a locked door at that address.

/ / / /

/ / / /

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J

DECLARATION OF TROY G. SEXTON




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4. I make this declaration in support of Plaintiff’s Ex Parte Motion for Order

Allowing Forcible Entry for Purpose of Levying on Personal Property.

DATED this .

By: Troy G. Sexton, OSB #115184

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INSTRUCTIONS TO SHERIFF MOTSCHENBACHER & BLATTNER LLP



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, an individual,

Plaintiff,

v.

,

Defendant.

Case No. INSTRUCTIONS TO SHERIFF


On behalf of plaintiff, you are hereby instructed to carry out the terms of the Writ of

Execution in the above-captioned case which has been forwarded to you by the Multnomah

County Circuit Court Administrator, and to levy on and to sell the following personal property of

the Defendant:

All computers, files, telephone systems, copy machines, inventory, supplies,

appliances, office furniture, and cash, any accessories thereto, and all other

personal property located on the premises.

The physical address of the property is:

.

Please secure the items in the manner prescribed in ORS 18.880. If a locksmith is needed

to gain access to the property, please have the services performed and bill the costs of those

services to my office: Motschenbacher & Blattner, LLP, 117 SW Taylor Street, #200, Portland,

OR 97204. Additionally, a court order is required to gain access to the property. Please let me

know the anticipated date of levy and I will provide you with the requisite order immediately.

/ / / /

/ / / /

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Additionally, you are further instructed to levy on and sell the following intangible

personal property described as:

• All rights to receive payments pursuant to the contract dated on or about

and any

amendments or extensions thereto.


, and

any amendments or extensions thereto.


, and any amendments or extensions thereto.


, and

any amendments or extensions thereto.


and any amendments or extensions thereto.


, and any amendments

or extensions thereto.


, and any amendments or extensions thereto.



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• All of the Defendants rights to receive payment pursuant to any and all other

contracts.

The property described in the writ of execution is not residential property. No order is

required for the sale of this property under ORS 18.904. No portion of the property to be levied

on is a condominium unit, manufactured dwelling, or floating home held as inventory for sale or

lease in the regular course of business.

Pursuant to ORS 18.878(1)(d) and ORS 18.884(1) you are instructed to issue and file a

Notice of Levy with the Court.

Pursuant to ORS 18.920 you are instructed to issue a Notice of Sale and post that Notice

of Sale in three public places in Multnomah County not more than 20 days before the date of sale

identified in the Notice of Sale and not less than 10 days before that date.

Pursuant to ORS 18.888 you are instructed to then mail by first class mail and by

certified mail, return receipt requested, the Writ of Execution, Notice of Levy, Notice of Sale,

and Challenge to Execution form to the following parties:

1.

2.

3.

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You are also instructed and requested to perform any other acts that are required by law

to be performed in respect to the execution and foreclosure of real property.

A true copy of the Writ of Execution is attached hereto.

DATED: .

MOTSCHENBACHER & BLATTNER, LLP

By: Nicholas J. Henderson, OSB # 074027 Troy G. Sexton, OSB #115184 Attorney for Plaintiffs Phone: (503) 417-0508 Facsimile: (503) 417-0528 E-mail: [email protected]

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EX PARTE ORDER ALLOWING FORCIBLE ENTRY FOR PURPOSE OF LEVYING ON PERSONAL

PROPERTY MOTSCHENBACHER & BLATTNER LLP



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,

Plaintiff, v. I

Defendant.

Case No. EX PARTE ORDER ALLOWING FORCIBLE ENTRY FOR PURPOSE OF LEVYING ON PERSONAL PROPERTY

THIS MATTER came before the Court at Ex Parte on . Counsel

Troy G. Sexton and the firm Motschenbacher & Blattner, LLP submitted a Motion for Order

Allowing Forcible Entry For Purpose of Levying on Personal Property in the above-referenced

matter.

The Court having reviewed the Motion, the accompanying declaration of Troy G. Sexton

and the records and files herein and being fully advised, now, therefore, it is hereby:

ORDERED AND ADJUDGED that the Motion for Order Allowing Forcible Entry For

Purpose of Levying on Personal Property located at , Portland OR

97204 is hereby granted. The sheriff may use all force reasonably necessary to enter the

structure or other enclosure and levy on personal property pursuant to a writ of execution.

DATED THIS _____ day of .

Circuit Court Judge

Submitted by: Troy G. Sexton, OSB #115184

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Phone: (503) 417-0500 Facsimile: (503) 417-0501



,

Plaintiff,

v.

,

Defendant.

Case No. PRAECIPE FOR WRIT OF EXECUTION

TO THE ADMINISTRATOR OF THE ABOVE-ENTITLED COURT:

You are hereby requested and instructed to issue a writ of execution to the Sheriff of

Multnomah County, Oregon in the above-entitled case upon the general judgment entered on or

about .

1. The principle indebtedness due Plaintiff under the judgment is $ , plus

unpaid interest of , plus unpaid costs of as of

2. The balance due as of , is $ .

3. The property described in the execution is not real property.

/ / /

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/ / /

/ / /

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Phone: (503) 417-0500 Facsimile: (503) 417-0501

It is hereby certified that the provision of the execution conform to the terms of

aforementioned judgment in this matter. This execution is to be issued as execution on the

specified tangible and intangible personal property of the defendant.

Dated this ______ day of .


By: Nicholas J. Henderson, OSB #074027 Troy G. Sexton, OSB #115184


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AFFIDAVIT IN SUPPORT OF PLAINTIFF’S MOTION FOR DISBURSEMENT

MOTSCHENBACHER & BLATTNER LLP 117 SW TAYLOR STREET, SUITE 200

Portland, Oregon 97204-3010 Telephone (503) 417-0500 • Fax (503) 417-0501

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Plaintiff, v.

Defendant.

Case No. AFFIDAVIT OF NICHOLAS J. HENDERSON IN SUPPORT OF PLAINTIFF’S MOTION FOR DISBURSEMENT

STATE OF OREGON ) ) ss. County of Multnomah ) I, NICHOLAS J. HENDERSON, being first duly sworn, say: 1. I am the attorney for Plaintiff in the above-entitled matter and the following is true to the best of my knowledge, information and belief.

2. On , a money judgment was entered against the defendant,

A true copy of the judgment is attached hereto, marked as Exhibit 1 and incorporated

herein by this reference.

3. On a hearing on Plaintiff’s Motion to Show Cause was held.

At the hearing, Judge David Rees ordered a bench warrant for the Defendant to appear. Judge

Rees also ordered a $20,000 security on the warrant.

4. On or about the Defendant was arrested in Columbia County,

Oregon. It is my understanding that the Defendant posted 10% of the security, or $2,000, to

secure his release.

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5. It is my understanding that the $2,000 that the Defendant posted in Columbia

County, Oregon to allow his release is en route to the Multnomah County Circuit Court.

6. I believe that Plaintiff should receive any funds this Court receives or has

received from Columbia County. The Defendant should not be entitled to receive repayment of

his bail amount until the judgment in this matter has been satisfied.

7. I make this affidavit in support of Plaintiff’s Motion for Disbursement.

DATED this


Nicholas J. Henderson, OSB #074027 of Attorneys for Plaintiff

STATE OF OREGON )

) ss.

County of Multnomah )

SUBSCRIBED AND SWORN to before me this

NOTARY PUBLIC FOR OREGON

My Commission Expires:

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PLAINTIFF’S MOTION FOR DISBURSEMENT (EX PARTE)

MOTSCHENBACHER & BLATTNER LLP 117 SW Taylor Street, Suite 200 Portland, Oregon 97204-3010

Telephone 503-417-0500 • Fax 503-417-0501

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Plaintiff, v.

Defendant.

Case No. PLAINTIFF’S MOTION FOR DISBURSEMENT (EX PARTE)

COMES NOW Plaintiff by and through its attorney

Nicholas J. Henderson, and respectfully moves the Court for an Order of Disbursement of the

sum of $2,000.00, or any additional funds the Court has received from the Defendant’s bail

payment to Plaintiff

This motion is based upon the records and files herein, and the Affidavit of Nicholas J.

Henderson, attached hereto and incorporated herein by reference.

DATED this


Nicholas J. Henderson, OSB #074027 Attorney for Plaintiff

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ORDER GRANTING PLAINTIFF’S MOTION FOR DISBURSEMENT


Telephone 503-417-0500 • Fax 503-417-0501

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Plaintiff, v.

Defendant.

Case No. ORDER GRANTING PLAINTIFF’S MOTION FOR DISBURSEMENT

This matter was heard on plaintiff’s Motion (Ex Parte) for Disbursement.

Therefore, it is hereby ORDERED that Plaintiff’s Motion for Disbursement is Granted.

DATED this ____ day of

CIRCUIT COURT JUDGE

Submitted by: Nicholas J. Henderson, OSB #074027 of Attorneys for Plaintiff

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Page 1 - EX PARTE MOTION TO AUTHORIZE SHERIFF TO USE

FORCE TO ENTER STRUCTURE FOR PURPOSE OF LEVYING ON PERSONAL PROPERTY



Phone: (503) 417-0500 Facsimile: (503) 417-0501


FOR THE COUNTY OF WASHINGTON

,

Plaintiff,

v.

,

Defendant.

Case No. EX PARTE MOTION TO AUTHORIZE SHERIFF TO USE FORCE TO ENTER STRUCTURE FOR PURPOSE OF LEVYING ON PERSONAL PROPERTY PURSUANT TO WRIT OF EXECUTION

Pursuant to ORS 18.887, Plaintiff moves this Court for an order authorizing the Sheriff of

Washington County to use force to enter the premises at , Beaverton,

OR 97005 for the purpose of levying on personal property pursuant to the previously issued writ

of execution.

This motion is supported by the Declaration of Nicholas J. Henderson, attached hereto

and incorporated herein by reference.

Dated this day of .


By:

Nicholas J. Henderson, OSB #074027 Of Attorneys for Plaintiff

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Page 1 - MOTION FOR ORDER AUTHORIZING COURT

ADMINISTRATOR TO DISBURSE PROCEEDS FROM EXECUTION SALE



Phone: (503) 417-0500 Facsimile: (503) 417-0501



,

Plaintiff,

v.

,

Defendant.

Case No. MOTION FOR ORDER AUTHORIZING COURT ADMINISTRATOR TO DISBURSE PROCEEDS FROM LEVY

Plaintiff hereby moves for an order authorizing and ordering the Washington County

Court Administrator to disburse all net proceeds from the levy which occurred on

in the above-entitled matter to the Plaintiff/Judgment Creditor, , by and

through his attorney, Nicholas J. Henderson of Motschenbacher & Blattner, LLP.

Plaintiff hereby attaches a judgment calculation showing the principal amount of the

judgment, as well as the costs and interest that have accumulated since the initial entry of the

judgment on , which is marked as Exhibit 1 and incorporated herein by this

reference. Through , the total amount due under the judgment was $ .

This motion is based on ORS 18.950 and the records and files herein.

DATED this day of , .



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Page 1 - ORDER GRANTING EX PARTE MOTION TO AUTHORIZE SHERIFF TO USE

FORCE TO ENTER STRUCTURE FOR PURPOSE OF LEVYING ON PERSONAL

PROPERTY



Phone: (503) 417-0500 Facsimile: (503) 417-0501



,

Plaintiff,

v.

,

Defendant.

Case No. ORDER GRANTING EX PARTE MOTION TO AUTHORIZE SHERIFF TO USE FORCE TO ENTER STRUCTURE FOR PURPOSE OF LEVYING ON PERSONAL PROPERTY PURSUANT TO WRIT OF EXECUTION

This matter was heard on plaintiff’s Motion (Ex Parte) to Authorize Sheriff to Use Force

to Enter Structure for Purpose of Levying on Personal Property Pursuant to Writ of Execution,

The Court having reviewed the Motion, the accompanying declaration of Nicholas J. Henderson,

and the records and files herein and being fully advised, now, therefore, it is hereby


Purpose of Levying on Personal Property is hereby granted. The sheriff may use all force

reasonably necessary to enter the structure or other enclosure located at

, Beaverton, OR 97005 and levy on personal property pursuant to a writ of execution.

DATED this ____ day of .

CIRCUIT COURT JUDGE


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Page 1 - ORDER AUTHORIZING COURT ADMINISTRATOR TO

DISBURSE PROCEEDS FROM EXECUTION SALE

Motschenbacher & Blattner, LLP 117 SW Taylor St., Suite 200

Portland, OR 97204 Phone: (503) 417-0500

Facsimile: (503) 417-0501



,

Plaintiff,

v.

,

Defendant.

Case No. ORDER AUTHORIZING COURT ADMINISTRATOR TO DISBURSE PROCEEDS FROM LEVY

This matter came before the Court on Plaintiff’s Motion for Order Authorizing Court

Administrator to Disburse Proceeds from Execution Sale, and it appearing from materials

submitted that good cause exists to authorize the Court Administrator to disburse the proceeds

from the execution levy in this matter which took place on ; now, therefore, it is

hereby

ORDERED that the Washington County Court Administrator is hereby authorized and

instructed to disburse all net proceeds (totaling $ ) from the execution

levy to Plaintiff/Judgment Creditor , by and through his attorney, Nicholas J.

Henderson.


CIRCUIT COURT JUDGE


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Phone: (503) 417-0500 Facsimile: (503) 417-0501



SMALL CLAIMS DEPARTMENT

,

Plaintiff,

v.

,

Defendant.

Case No. WRIT OF EXECUTION

TO: SHERIFF OF WASHINGTON COUNTY:





Now, therefore, in the name of the State of Oregon, you are hereby commanded to levy

upon all cash and currency at Defendant’s business premises, using force if necessary, located at

, Beaverton, OR to satisfy the amount owing under the

judgment which is the principal sum of $ , plus costs in the amount of $ , plus

interest on the principal sum at APR from the date the judgment was entered until paid, plus

the costs of and upon this writ, and make due return hereon within 60 days after you have

received this writ.

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Phone: (503) 417-0500 Facsimile: (503) 417-0501

The total due as of , under the judgment is $ , plus costs of

and upon this writ. Interest continues to accrue at a rate of $ per day.

DATED: _______________, 20___.

WASHINGTON COUNTY

COURT ADMINISTRATOR

By: Deputy Clerk

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Plaintiff, v.

Defendant.

Case No. AFFIDAVIT OF NICHOLAS J. HENDERSON IN SUPPORT OF PLAINTIFF’S MOTION FOR DISBURSEMENT

STATE OF OREGON ) ) ss. County of Multnomah ) I, NICHOLAS J. HENDERSON, being first duly sworn, say: 1. I am the attorney for Plaintiff in the above-entitled matter and the following is true to the best of my knowledge, information and belief.

2. On , a money judgment was entered against the defendant,

A true copy of the judgment is attached hereto, marked as Exhibit 1 and incorporated

herein by this reference.

3. On a hearing on Plaintiff’s Motion to Show Cause was held.

At the hearing, Judge David Rees ordered a bench warrant for the Defendant to appear. Judge

Rees also ordered a $20,000 security on the warrant.

4. On or about the Defendant was arrested in Columbia County,

Oregon. It is my understanding that the Defendant posted 10% of the security, or $2,000, to

secure his release.

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5. It is my understanding that the $2,000 that the Defendant posted in Columbia

County, Oregon to allow his release is en route to the Multnomah County Circuit Court.

6. I believe that Plaintiff should receive any funds this Court receives or has

received from Columbia County. The Defendant should not be entitled to receive repayment of

his bail amount until the judgment in this matter has been satisfied.

7. I make this affidavit in support of Plaintiff’s Motion for Disbursement.

DATED this


Nicholas J. Henderson, OSB #074027 of Attorneys for Plaintiff

STATE OF OREGON )

) ss.

County of Multnomah )

SUBSCRIBED AND SWORN to before me this

NOTARY PUBLIC FOR OREGON

My Commission Expires:

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PLAINTIFF’S MOTION FOR DISBURSEMENT (EX PARTE)


Telephone 503-417-0500 • Fax 503-417-0501

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Plaintiff, v.

Defendant.

Case No. PLAINTIFF’S MOTION FOR DISBURSEMENT (EX PARTE)

COMES NOW Plaintiff by and through its attorney

Nicholas J. Henderson, and respectfully moves the Court for an Order of Disbursement of the

sum of $2,000.00, or any additional funds the Court has received from the Defendant’s bail

payment to Plaintiff

This motion is based upon the records and files herein, and the Affidavit of Nicholas J.

Henderson, attached hereto and incorporated herein by reference.

DATED this



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ORDER GRANTING PLAINTIFF’S MOTION FOR DISBURSEMENT


Telephone 503-417-0500 • Fax 503-417-0501

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Plaintiff, v.

Defendant.

Case No. ORDER GRANTING PLAINTIFF’S MOTION FOR DISBURSEMENT

This matter was heard on plaintiff’s Motion (Ex Parte) for Disbursement.

Therefore, it is hereby ORDERED that Plaintiff’s Motion for Disbursement is Granted.

DATED this ____ day of

CIRCUIT COURT JUDGE


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Page 1 - EX PARTE MOTION TO AUTHORIZE SHERIFF TO USE

FORCE TO ENTER STRUCTURE FOR PURPOSE OF LEVYING ON PERSONAL PROPERTY



Phone: (503) 417-0500 Facsimile: (503) 417-0501



,

Plaintiff,

v.

,

Defendant.

Case No. EX PARTE MOTION TO AUTHORIZE SHERIFF TO USE FORCE TO ENTER STRUCTURE FOR PURPOSE OF LEVYING ON PERSONAL PROPERTY PURSUANT TO WRIT OF EXECUTION

Pursuant to ORS 18.887, Plaintiff moves this Court for an order authorizing the Sheriff of

Washington County to use force to enter the premises at , Beaverton,

OR 97005 for the purpose of levying on personal property pursuant to the previously issued writ

of execution.

This motion is supported by the Declaration of Nicholas J. Henderson, attached hereto

and incorporated herein by reference.

Dated this day of .


By:

Nicholas J. Henderson, OSB #074027 Of Attorneys for Plaintiff

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Page 1 - MOTION FOR ORDER AUTHORIZING COURT

ADMINISTRATOR TO DISBURSE PROCEEDS FROM EXECUTION SALE



Phone: (503) 417-0500 Facsimile: (503) 417-0501



,

Plaintiff,

v.

,

Defendant.

Case No. MOTION FOR ORDER AUTHORIZING COURT ADMINISTRATOR TO DISBURSE PROCEEDS FROM LEVY

Plaintiff hereby moves for an order authorizing and ordering the Washington County

Court Administrator to disburse all net proceeds from the levy which occurred on

in the above-entitled matter to the Plaintiff/Judgment Creditor, , by and

through his attorney, Nicholas J. Henderson of Motschenbacher & Blattner, LLP.

Plaintiff hereby attaches a judgment calculation showing the principal amount of the

judgment, as well as the costs and interest that have accumulated since the initial entry of the

judgment on , which is marked as Exhibit 1 and incorporated herein by this

reference. Through , the total amount due under the judgment was $ .

This motion is based on ORS 18.950 and the records and files herein.

DATED this day of , .



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Page 1 - ORDER GRANTING EX PARTE MOTION TO AUTHORIZE SHERIFF TO USE

FORCE TO ENTER STRUCTURE FOR PURPOSE OF LEVYING ON PERSONAL

PROPERTY



Phone: (503) 417-0500 Facsimile: (503) 417-0501



,

Plaintiff,

v.

,

Defendant.

Case No. ORDER GRANTING EX PARTE MOTION TO AUTHORIZE SHERIFF TO USE FORCE TO ENTER STRUCTURE FOR PURPOSE OF LEVYING ON PERSONAL PROPERTY PURSUANT TO WRIT OF EXECUTION

This matter was heard on plaintiff’s Motion (Ex Parte) to Authorize Sheriff to Use Force

to Enter Structure for Purpose of Levying on Personal Property Pursuant to Writ of Execution,

The Court having reviewed the Motion, the accompanying declaration of Nicholas J. Henderson,

and the records and files herein and being fully advised, now, therefore, it is hereby


Purpose of Levying on Personal Property is hereby granted. The sheriff may use all force

reasonably necessary to enter the structure or other enclosure located at

, Beaverton, OR 97005 and levy on personal property pursuant to a writ of execution.


CIRCUIT COURT JUDGE


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Page 1 - ORDER AUTHORIZING COURT ADMINISTRATOR TO

DISBURSE PROCEEDS FROM EXECUTION SALE

Motschenbacher & Blattner, LLP 117 SW Taylor St., Suite 200

Portland, OR 97204 Phone: (503) 417-0500

Facsimile: (503) 417-0501



,

Plaintiff,

v.

,

Defendant.

Case No. ORDER AUTHORIZING COURT ADMINISTRATOR TO DISBURSE PROCEEDS FROM LEVY

This matter came before the Court on Plaintiff’s Motion for Order Authorizing Court

Administrator to Disburse Proceeds from Execution Sale, and it appearing from materials

submitted that good cause exists to authorize the Court Administrator to disburse the proceeds

from the execution levy in this matter which took place on ; now, therefore, it is

hereby

ORDERED that the Washington County Court Administrator is hereby authorized and

instructed to disburse all net proceeds (totaling $ ) from the execution

levy to Plaintiff/Judgment Creditor , by and through his attorney, Nicholas J.

Henderson.


CIRCUIT COURT JUDGE


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Phone: (503) 417-0500 Facsimile: (503) 417-0501



SMALL CLAIMS DEPARTMENT

,

Plaintiff,

v.

,

Defendant.

Case No. WRIT OF EXECUTION

TO: SHERIFF OF WASHINGTON COUNTY:





Now, therefore, in the name of the State of Oregon, you are hereby commanded to levy

upon all cash and currency at Defendant’s business premises, using force if necessary, located at

, Beaverton, OR to satisfy the amount owing under the

judgment which is the principal sum of $ , plus costs in the amount of $ , plus

interest on the principal sum at APR from the date the judgment was entered until paid, plus

the costs of and upon this writ, and make due return hereon within 60 days after you have

received this writ.

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Phone: (503) 417-0500 Facsimile: (503) 417-0501

The total due as of , under the judgment is $ , plus costs of

and upon this writ. Interest continues to accrue at a rate of $ per day.

DATED: _______________, 20___.

WASHINGTON COUNTY

COURT ADMINISTRATOR

By: Deputy Clerk

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