Attorney Instructions for Personal Property Sales

Sheriff's Badge In order to make this process as smooth as possible please follow the below listed instructions. We cannot go forward if we don’t have the right paperwork. If there are any issues, we will return the Writ to the Court.

WHAT WE NEED TO GET STARTED

1.  Original Writ of Execution

2.  Judge signed copy of the judgment.

3.  Order to use force if applicable.

4.  Indemnity Bond if applicable.  (ORS 18.886)

5.  Challenge to Execution and Notice of Exempt Property Forms.

6.  Detailed letter of instruction. (ORS 18.875)

Include, but not limited to:

A.  Description and location of property to be seized.

B.  Address of judgment debtor(s) and all others entitled to notice.

C.  Value of property to be seized.           

D.  The bonded transportation & storage company to be used.  If no preference as to what company is to be used please state transportation and storage is at the discretion of the Sheriff.

E.  Method of publication to be used.

F.  Name, email address and phone number of contact persons who will answer any questions. 

G.  Must be signed by an attorney or judgment creditor.

7.  $800 Deposit.  Deposit fee includes but is not limited to:

         - $125.00 includes the $80 enforcement fee for the first hour and $45 service fee.

         - Publication fees for sales are currently $300 for the OSSA website and/or $135 ($45 x 3) for posting in three public places. 

         -  Additional fees such as storage, moving company, boarding, mileage, deputy stand by fee per hour per deputy after the first hour, etc. depending on what the writ & letter of instructions directs the Sheriff to do.  Additional fees for actual cost of postage and copying apply to most executions).  You must also recognize that you (or your client) are responsible for storage charges, although they may ultimately be satisfied at the time of sale. Should the sale be postponed, either by court order, bankruptcy, or some other reason, those charges still accrue, and remain your responsibility. If a sale is delayed, you must notify the Sheriff as soon as the reason for the delay no longer exists, in order to protect yourself from the continued accrual of storage charges.

PRIOR TO SALE


Prior to the sale we will send out a copy of our fee sheet and request a written bid which needs to be submitted within 48 hours of the sale unless you will have a representative attend the sale. The bid should contain names of representatives that will attend the sale (if any) and if a matching bid is acceptable and must be signed by an attorney. Written bids are irrevocable. You may confirm we have received your bid by checking our list of current sales on the Lane County Sheriff Office’s website.


DATE OF THE SALE

The sales are generally held at 11:00 a.m. at the location where the property is being stored. Please see the sale notice for information on particular sales. Notices regarding postponements of sales are posted on the Lane County Sheriff Office’s website.


Property will be available for viewing 15 minutes prior to the sale.  
At this time we will also verify prospective bidders are eligible to bid.   Bidders other than the creditor must have cash in hand. Cash in hand means that the funds are present now, no time will be allowed for a purchaser to obtain additional funds.   If you are the winning bidder at the sale, you must pay in cash with U.S. currency.  Items must be paid for in full at the time of sale.

A Bill of Sale will be provided upon request to the successful bidder.  The items are sold as-is and subject to any liens in place.

AFTER SALE

At the conclusion of the sale, the sheriff will make a return to the court on the writ with the proceeds of the sale.  Please check with the court on what is needed for distribution of funds.