ORS § 105 § 105.158
Service of notice of restitution.
Operative 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).
ORS § 105.158 establishes how a notice of restitution — a formal document directing a tenant to vacate — must be delivered after a court has ordered it. Delivery must be carried out by a sheriff or a qualified process server, who must both mail a copy by first-class mail and either hand it directly to the tenant or post it securely at the main entrance of the occupied premises, all within the next judicial day after fees are paid. If a process server handles service, they must also file a certificate of service with the court clerk by the end of the following judicial day.
Plain English — not legal advice.
Under ORS § 105.158, landlords who have obtained a judgment of restitution should ensure that the notice is served only through a sheriff or a process server who meets all statutory qualifications — including Oregon residency, independence from the landlord, regular employment in process serving, and compliance with the fee cap set by ORS 21.300(1)(a). Compliant operators confirm that service is completed within the required judicial-day timeframe and that a certificate of service is properly filed with the court when a process server is used. Keeping copies of all service documentation helps demonstrate that the procedural requirements of ORS § 105.158 were followed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 105.158 governs how a notice of restitution must be delivered to a tenant, and a failure to follow these procedures — such as service by an unqualified individual or service outside the required timeframe — may be relevant to the validity of the eviction process. Tenants who believe the notice was not served in accordance with ORS § 105.158 may be able to raise that procedural defect as part of their response in court. Tenant-rights organizations and legal aid services in Oregon can help individuals understand whether the service they received met the statutory requirements.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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