Rule 85.Claim and Delivery

Current through June 1, 2026 · Last verified July 11, 2026

In one sentenceRule 85 lets a plaintiff suing to recover specific personal property have the sheriff take that property from the defendant and deliver it before judgment, setting the sheriff’s duties, the filing deadline for the sheriff’s return, and a limit on dismissing the case afterward.

Full Text of Rule 85

Text sizeJump to: A. B. C. D. E.

A. CLAIM AND DELIVERY In an action to recover the possession of personal property, the plaintiff, at any time after the action is commenced and before judgment, may claim the immediate delivery of such property, as provided in Rule 83.

B. DELIVERY BY SHERIFF UNDER PROVISIONAL PROCESS ORDER The order of provisional process issued by the court as provided in Rule 83 may require the sheriff of the county where the property claimed may be to take the property from the defendant or another person and deliver it to the plaintiff.

C. CUSTODY AND DELIVERY OF PROPERTY Upon receipt of the order of provisional process issued by the court as provided in Rule 83, the sheriff shall forthwith take the property described in the order, if it be in the possession of the defendant or another person, and retain it in the sheriff's custody. If any part of the property is concealed in a building or other enclosure, the sheriff shall demand delivery of the property. If the property is not delivered, the sheriff shall break open the building or enclosure and take the property into possession. The sheriff shall keep the property in a secure place and deliver it to the party entitled thereto upon receiving the lawful fees for taking, and the necessary expenses for keeping the same. The court may waive the payment of such fees and expenses upon a showing of indigency.

D. FILING OF ORDER BY SHERIFF The sheriff shall file the order, with the sheriff's proceedings thereon, including an inventory of the property taken, with the clerk of the court in which the action is pending, within 10 days after taking the property; or, if the clerk resides in another county, shall mail or forward the same within that time.

E. DISMISSAL PROHIBITED If property is taken by the sheriff pursuant to this rule, the plaintiff shall not dismiss the action under ORCP 54A(1) until 30 days after such taking.

Amendment History

[CCP 12/13/80; § C amended by 2003 c.85 § 24 , eff. 1/1/04]

Plain-English Summary

Claim and delivery is Oregon’s tool for a plaintiff who wants specific personal property back, not just its dollar value. Rule 85 lets a plaintiff suing to recover possession of personal property ask, any time after filing and before judgment, that the property be taken from the defendant and handed over right away, following the provisional-process procedure in Rule 83. Unlike attachment under Rule 84, claim and delivery stays available even when the underlying claim grows out of a consumer transaction.

Once the court orders provisional process, the sheriff of the county where the property sits must take it from whoever has it and hold it securely. If the property’s hidden inside a building or other enclosed space, the sheriff first demands it be handed over and, if that fails, can break in to seize it. The sheriff turns the property over to whoever’s entitled to it once that person pays the sheriff’s fees and the expense of keeping the property safe — though the court can waive those charges for a party who can’t afford them. The sheriff must file the order, the proceedings on it, and an inventory of what was taken with the court clerk within ten days of taking the property.

Because taking someone’s property this way is a serious step, the rule keeps the plaintiff from walking away from the case too easily afterward: once the sheriff has taken property under this rule, the plaintiff can’t dismiss the action for thirty days.

Frequently Asked Questions

What is claim and delivery under Oregon law?

Claim and delivery lets a plaintiff who’s suing to recover possession of personal property ask, any time after the action is commenced and before judgment, that the property be taken and delivered right away, following the provisional-process procedure in Rule 83.

Is claim and delivery available when the underlying claim involves a consumer transaction?

Yes. While provisional process generally can’t attach a consumer good or other property in a case based on a consumer transaction, Rule 83 specifically allows provisional process authorized by Rule 85 to issue in consumer transactions.

What happens if the property the sheriff is sent to collect is hidden inside a building?

The sheriff first demands that the property be delivered. If it isn’t, the sheriff can break open the building or enclosure and take the property into possession.

Does a party have to pay to get property back from the sheriff under Rule 85?

Ordinarily yes — the sheriff delivers the property to the party entitled to it upon receiving the lawful fees for taking it and the necessary expenses of keeping it safe. The court can waive those fees and expenses if the party shows indigency.

How long does the sheriff have to file the order with the court after taking the property?

Within ten days after taking the property, or, if the clerk is in another county, the sheriff must mail or forward it within that same period.

Can the plaintiff dismiss the case right after the sheriff takes the property?

No. Once the sheriff has taken property under Rule 85, the plaintiff can’t dismiss the action under ORCP 54A(1) until 30 days after the taking.

Source & verification. The rule text is reproduced verbatim from the official Oregon Rules of Civil Procedure (ORCP 85). 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

Also known as: replevin oregonclaim and delivery oregonrecover personal property lawsuit oregonsheriff seize property oregon lawsuitoregon replevin procedure