Rule 81.Definitions; Service; Adverse Claimants
Current through June 1, 2026 · Last verified July 11, 2026
Full Text of Rule 81
Amendment History
[CCP 12/13/80; amended by 1981 c.883 § 36; § C amended by 1981 c.883 § 37; § A amended by 1995 c.658 § 120 7/18/95; § A amended by 2000 c.445 § 186 , eff. 7/1/01; § A amended by 2003 c.576 § 264 eff. 1/1/04]
Plain-English Summary
Rule 81 supplies the vocabulary for Oregon’s provisional-process rules — Rules 81 through 85 — so that terms like attachment, levy, and security interest carry one fixed meaning throughout. Attachment is the way an unsecured plaintiff gets a judicial lien on a defendant’s property before judgment; a levy is the act of creating that pre-judgment lien. Provisional process itself is defined broadly: attachment under Rule 84, claim and delivery under Rule 85, temporary restraining orders and preliminary injunctions issued under Rule 83, or any other legal or equitable process that lets a plaintiff take control of, restrain the use of, or place a lien on property the defendant claims before judgment — but the definition pointedly leaves out a receiver appointed under Rule 80 and a restraining order or injunction issued under Rule 79, which are governed on their own terms.
Section B sets the method for serving the notices and show-cause orders that Rules 81 through 85 call for: the same method used to serve a summons, with proof of service filed under Rule 9C.
Section C protects someone who isn’t the defendant but who claims to own — or hold an interest in — property caught up in a provisional process like an attachment. That person can move the court for an order recognizing the claim or cutting back the plaintiff’s lien, and the court must hold a hearing within 20 days after service. If there’s no genuine factual dispute, the court can rule for the claimant on the spot and make the plaintiff cover the claimant’s reasonable expenses, including attorney fees. Otherwise, the provisional process continues until judgment, without deciding who’s right as between the claimant and the plaintiff.
Frequently Asked Questions
What does attachment mean under Oregon’s provisional-process rules?
Attachment is the procedure by which an unsecured plaintiff obtains a judicial lien on the defendant’s property before judgment.
Does Rule 81’s definition of provisional process include receivers or temporary restraining orders?
Not entirely. Provisional process covers attachment under Rule 84, claim and delivery under Rule 85, and temporary restraining orders and preliminary injunctions issued under Rule 83, but it specifically excludes an order appointing a provisional receiver under Rule 80 and a temporary restraining order or preliminary injunction granted under Rule 79.
How must notices and show-cause orders under Rules 81 through 85 be served?
In the same manner used to serve a summons, with proof of service filed as provided in Rule 9C.
Who can challenge a plaintiff’s claim to attached property?
A person other than the defendant who claims to be the actual owner of the property, or to hold an interest in it, can move the court for an order establishing that claim, cutting back the plaintiff’s lien, or granting other appropriate relief.
How quickly must the court hold a hearing on an adverse claimant’s motion?
Within 20 days after service of the motion under Rule 9.
What happens if there’s no real factual dispute at that hearing?
The court can rule for the claimant as a matter of law right away, establishing the claimant’s title or interest, extinguishing or limiting the plaintiff’s lien, and ordering the plaintiff to pay the claimant’s reasonable expenses in securing that order, including attorney fees. If there’s a genuine factual dispute instead, the provisional process just continues until judgment, without the court deciding who’s right between the claimant and the plaintiff.