§ 105.158 — Service of notice of restitution

Oregon § 105.158

• Jurisdiction: Oregon
• Vol.: 3
• Title 10: Property Rights and Transactions
• Ch. 105: Property Rights

Text

(1) For purposes of this section, “process server” means any competent person 18 years of age or older who:
(a) Is a resident of the State of Oregon;
(b) Is not the plaintiff, a relative of the plaintiff or an agent of the plaintiff for purposes of management of the premises;
(c) Is a person regularly employed in the business of serving process; and
(d) Charges a fee no greater than that set by ORS 21.300 (1)(a) for service of the notice of restitution.
(2) The sheriff or a process server shall serve the notice of restitution under ORS 105.152 or 105.153 in the manner provided by this subsection. Notwithstanding ORCP 10, by the end of the next judicial day following the payment of fees:
(a) The sheriff or process server shall mail a copy of the notice of restitution by first class mail to the defendant at the premises; and
(b) The sheriff or process server shall serve the notice of restitution at the premises by personal delivery to the defendant or, if the defendant is not available for service, by attaching a copy of the notice in a secure manner to the main entrance to that portion of the premises of which the defendant has possession.
(3) If service of the notice of restitution is made by a process server, by the end of the next judicial day following service the process server shall file with the clerk of the court a certificate of service in the same manner as provided by ORCP 7 F(2)(a).

Legislative History

2001 c.596 §19 (105.151, 105.152, 105.153, 105.156, 105.157, 105.158, 105.159 and 105.161 enacted in lieu of 105.154); 2003 c.304 §8