Current through June 1, 2026 · Last verified July 11, 2026
In one sentenceRule 81 defines the terms used throughout Oregon’s provisional-process rules — attachment, levy, security interest, and more — sets the service method for related notices, and gives someone other than the defendant a way to contest a claim against seized property.
A.DEFINITIONS As used in Rules 81 through 85, unless the context otherwise requires:
(1)Attachment. "Attachment" is the procedure by which an unsecured plaintiff obtains a judicial lien on defendant's property prior to judgment.
(2)Bank. "Bank" includes commercial and savings banks, trust companies, savings and loan associations, and credit unions
(3)Clerk. "Clerk" means clerk of the court or any person performing the duties of that office.
(4)Consumer goods. "Consumer goods" means consumer goods as defined in ORS 79.0102.
(5)Consumer transaction. "Consumer transaction" means a transaction in which the defendant becomes obligated to pay for goods sold or leased, services rendered, or monies loaned, primarily for purposes of the defendant's personal, family, or household use.
(6)Issuing officer. "Issuing officer" means any person who on behalf of the court is authorized to issue provisional process.
(7)Levy. "Levy" means to create a lien upon property prior to judgment by any of the procedures provided by Rules 81 through 85 that create a lien.
(8)Plaintiff and defendant. "Plaintiff" includes any party asserting a claim for relief whether by way of claim, third party claim, cross-claim, or counterclaim, and "defendant" includes any person against whom such claim is asserted.
(9)Provisional process. "Provisional process" means attachment under Rule 84, claim and delivery under Rule 85, temporary restraining orders under Rule 83, preliminary injunctions under Rule 83, or any other legal or equitable judicial process or remedy which before entry of a judgment enables a plaintiff, or the court on behalf of the plaintiff, to take possession or control of, or to restrain use or disposition of, or fix a lien on property in which the defendant claims an interest, except an order appointing a provisional receiver under Rule 80 or granting a temporary restraining order or preliminary injunction under Rule 79.
(10)Security interest. "Security interest" means a lien created by agreement, as opposed to a judicial or statutory lien.
(11)Sheriff. "Sheriff" includes a constable of a justice court.
(12)Writ. A "writ" is an order by a court to a sheriff or other official to aid a creditor in attachment.
(1)Service. Except where some other method is expressly permitted, any notice or order to show cause required or permitted to be served by Rules 81 through 85 shall be served in the manner in which a summons may be served.
(2)Proof of service. Copies of all notices or orders to show cause shall be filed together with proof of service as provided in Rule 9C.
C.ADVERSE CLAIMANTS A person other than the defendant claiming to be the actual owner of property subject to provisional process, or any interest in such property, may move the court for an order establishing the claimant's title or interest, extinguishing the plaintiff's lien, or other appropriate relief. A hearing upon such motion shall be conducted within 20 days after service pursuant to Rule 9. After hearing:
(1)Summary release of attachment. In a case where there is no genuine issue as to any material fact and the claimant is entitled to relief as a matter of law, the court may make an order establishing claimant's title or interest, extinguishing or limiting the plaintiff's lien, or granting other appropriate relief. In such case, the court may enter an order directing the plaintiff to pay the claimant the reasonable expenses incurred in securing such order, including attorney fees.
(2)Continuation of attachment. In all other cases, the court shall order the provisional process continued pending judgment. Such order protects the sheriff but is not an adjudication between the claimant and the plaintiff.
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.
Source & verification. The rule text is reproduced verbatim from the
official Oregon Rules of Civil Procedure (ORCP 81). Prescribed by the Council on Court Procedures (ORS 1.735), subject to amendment, repeal, or supplementation by the Oregon Legislative Assembly. The plain-English summary is original and written by us. Last verified July 11, 2026. ·
Official source
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