ATTACHMENT / §9.3
bring an action within five years after the commission of the “compensable crime.” ORS 147.065. A “compensable crime” is defined to include “an intentional, knowing or reckless act that results in serious bodily injury or death of another person and which, if committed by a person of full legal capacity, would be punishable as a crime in this state.” ORS 147.005(4). See ORS 163.160 et seq. (“Assault and Related Offenses”). II.
(§7.2)
Counterclaim
A counterclaim for assault and battery, based on a cause of action that is not barred at the time that the plaintiff’s action commences, is not barred if the statute of limitations expires before the counterclaim is filed. Lewis v. Merrill, 228 Or 541, 365 P2d 1052 (1961). III.
(§7.3)
References
See COMPENSABLE CRIMES; 1 TORTS ch 1 (Oregon CLE 1992 & Supp 2000). See also ORS 12.117 (statute of limitation for actions based on child abuse). ASSIGNMENT I.
(§8.1)
Any assignment of a chose in action made in writing for consideration is complete when the assignor executes the writing. The assignment is effective on execution or according to written terms without giving notice to the debtor unless notice is required by statute. ORS 80.010.
II.
(§8.2)
See generally 1 OREGON CIVIL PLEADING AND PRACTICE ch 5 (Oregon CLE 1994 & Supp 2001). ATTACHMENT
I.
(§9.1)
At the time the summons is issued or any time afterward, a plaintiff may have the property of the defendant attached. ORCP 84 A(2).
II.
(§9.2)
A motion for redelivery of attached property must be served on the plaintiff five days before a hearing on the motion. ORCP 84 F(1).
III.
(§9.3)
See GARNISHMENT; REPLEVIN-CLAIM AND DELIVERY. See generally CREDITORS’ RIGHTS AND REMEDIES ch 7 (Oregon CLE 2002).
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