Chapter 87 — Chapter 87
294 sections in this chapter.
ORS 87.364 Attachment of liens. (1) The liens created by ORS 87.352 to 87.358 attach to the land, mine or improvement described in those sections on the day on which the lien claimant ceases to perform the labor or transport or furnish the materials or provisions for which the lien is claimed
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(2) The lien created by ORS 87.362, attaches to the land described in that section on the day of the first delivery of electricity for which the lien is claimed. [1975 c.648 §45]
ORS 87.365 [Repealed by 1975 c.648 §72]
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[Repealed or reserved.]
ORS 87.366 Filing notice of claim of lien; contents of notice; effect of failure to file notice. (1) A person claiming a lien created by ORS 87.352 to 87.362 shall file a written notice of claim of lien not later than 120 days after the lien attaches with the recording officer of each county where there is situated any land sought to be charged with the lien
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(2) The notice of claim of lien required under subsection (1) of this section must be a statement in writing verified by the oath of the lien claimant, or, in the case of an electric cooperative or electric utility, by the oath of an authorized agent, and must contain: (a) A true…
ORS 87.370 [Repealed by 1975 c.648 §72]
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[Repealed or reserved.]
ORS 87.372 Recording. The recording officer of the county shall record the notices filed under ORS 87.366 in a book kept for that purpose. The record shall be indexed in the same manner as the record of deeds and mortgages. [1975 c.648 §47]
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[Repealed or reserved.]
ORS 87.375 [Repealed by 1975 c.648 §72]
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[Repealed or reserved.]
ORS 87.376 Duration of liens. If a suit to foreclose a lien created by ORS 87.352 to 87.362 is not brought in an appropriate court within six months after the notice of claim of lien, within six months after the expiration of such extended payment, the lien shall cease to exist. A lien shall not be continued in force for a longer time than two years from the time the claim for lien is filed under ORS 87.366 by an agreement to extend payment. [1975 c.648 §48]
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[Repealed or reserved.]
ORS 87.380 [Repealed by 1975 c.648 §72]
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[Repealed or reserved.]
ORS 87.382 Foreclosure. The liens described in ORS 87.352 to 87.362 shall be foreclosed in the manner provided in ORS chapter 88. [1975 c.648 §49]
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[Repealed or reserved.]
ORS 87.385 [Repealed by 1975 c.648 §72]
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[Repealed or reserved.]
ORS 87.386 Costs and attorney fees in foreclosure. (1) In suits to foreclose a lien created by ORS 87.352 to 87.362, the court, upon entering judgment for the lien claimant, shall allow as part of the lien all moneys paid for the filing or recording of the lien as provided in ORS 87.910
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(2) In suits to foreclose a lien created by ORS 87.352 to 87.362, the court shall allow reasonable attorney fees at trial and on appeal to the prevailing party. [1975 c.648 §50; 1981 c.897 §23; 1981 c.898 §46]
ORS 87.390 [Repealed by 1975 c.648 §72]
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[Repealed or reserved.]
ORS 87.392 Priorities of liens. (1) Except for any property tax liens, the lien created by ORS 87.352 is prior and superior to all other liens, mortgages and encumbrances against the land upon which the lien is imposed without regard to whether the other liens, mortgages, or encumbrances attached to the land before or after the lien created by ORS 87.352 attached
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(2) Except for tax liens, assessment liens, construction liens and liens created by ORS 87.352 and 87.356, the lien created by ORS 87.362 is prior and superior to all other liens, mortgages and encumbrances against the land upon which the lien is imposed without regard to whether…
ORS 87.395 [Repealed by 1975 c.648 §72]
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[Repealed or reserved.]
ORS 87.400 [Amended by 1959 c.340 §1; repealed by 1969 c.330 §9]
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[Repealed or reserved.]
ORS 87.405 [Repealed by 1969 c.330 §9]
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[Repealed or reserved.]
ORS 87.410 [Amended by 1959 c.340 §2; repealed by 1969 c.330 §9]
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[Repealed or reserved.]
ORS 87.415 [Repealed by 1969 c.330 §9]
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[Repealed or reserved.]
ORS 87.420 [Repealed by 1969 c.330 §9]
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[Repealed or reserved.]
ORS 87.425 [Repealed by 1969 c.330 §9]
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LIEN OF ATTORNEY OR OTHER LICENSEE OF BAR
ORS 87.430 Possessory lien of attorney or other licensee of bar. An attorney or other licensee of the Oregon State Bar licensed to practice law has a lien for compensation whether specially agreed upon or implied, upon all papers, personal property and money of the client in the possession of the attorney or licensee for services rendered to the client. The attorney or licensee may retain the papers, personal property and money until the lien created by this section, and the claim based thereon, is satisfied, and the attorney or licensee may apply the money retained to the satisfaction of the lien and claim. [1975 c.648 §56 (enacted in lieu of 87.495); 2023 c.72 §37; 2025 c.32 §79]
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[Repealed or reserved.]
ORS 87.435 Bond, letter of credit or deposit of money to discharge possessory lien; recording; notice. (1) The owner of papers or personal property subject to a lien created by ORS 87.430, or any other interested person, may file with the recording officer of the county in which the attorney or other licensee of the Oregon State Bar licensed to practice law has the attorney’s or licensee’s principal office a bond executed by a corporation authorized to issue surety bonds in the State of Oregon to the effect that the owner of the papers and personal property against which the lien is claimed shall pay the amount of the claim and all costs which are awarded against the papers and personal property on account of the lien. The bond shall be in an amount not less than 150 percent of the amount claimed under the lien, and must be filed prior to the commencement of a foreclosure proceeding by the attorney or licensee
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(2)(a) In lieu of the surety bond provided for in subsection (1) of this section, a person may deposit with the treasurer of the county in which the attorney or licensee has the attorney’s or licensee’s principal office an irrevocable letter of credit issued by an insured institu…
ORS 87.440 Determination of adequacy of bond or letter of credit. If an attorney or other licensee of the Oregon State Bar licensed to practice law considers the bond filed with a recording officer or the irrevocable letter of credit deposited with the treasurer of a county inadequate to protect the claim of the attorney or licensee for lien for some reason other than the amount of the bond or irrevocable letter of credit, the attorney or licensee shall, within 10 days of receipt of the notice of filing, petition the court in which the suit to foreclose the lien may be brought for a determination of the adequacy of the bond or irrevocable letter of credit. The attorney or licensee shall state in detail the reasons for the inadequacy. If the court determines that the bond is inadequate for one or more of the reasons stated by the attorney or licensee, the court shall order such action as shall make the bond or irrevocable letter of credit adequate to protect the claim for lien. [1975 c.648 §58 (enacted in lieu of 87.495); 1991 c.331 §19; 2023 c.72 §39; 2025 c.32 §81]
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[Repealed or reserved.]
ORS 87.445 Lien upon actions and judgments. An attorney or other licensee of the Oregon State Bar licensed to practice law has a lien upon actions, suits and proceedings after the commencement thereof, and judgments, orders and awards entered therein in the client’s favor and the proceeds thereof to the extent of fees and compensation specially agreed upon with the client, or if there is no agreement, for the reasonable value of the services of the attorney or licensee. [1975 c.648 §59 (enacted in lieu of 87.495); 2003 c.576 §338; 2023 c.72 §40; 2025 c.32 §82]
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[Repealed or reserved.]
ORS 87.450 Filing notice of claim of lien on judgment for sum of money. (1) When an attorney or other licensee of the Oregon State Bar licensed to practice law claims a lien under ORS 87.445, if the judgment is for a sum of money only, the attorney or licensee must file a notice of claim of lien with the clerk of the court that entered the judgment within three years after the judgment is entered. The clerk shall enter the notice in the register of the court and in the judgment lien record maintained by the court administrator under ORS 18.075
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(2) When an attorney or licensee files a notice of claim of lien under subsection (1) of this section, the attorney or licensee shall send forthwith a copy of the notice to the client by registered or certified mail sent to the client at the last-known address of the client. (3) …
ORS 87.455 Filing notice of claim of lien on judgment for possession of personal property; recording; foreclosure. (1) When an attorney or other licensee of the Oregon State Bar licensed to practice law claims a lien under ORS 87.445, if the judgment is for the possession, award or transfer of personal property, the attorney or licensee must file a notice of claim of lien not later than one year after entry of the judgment and disposition of any appeal of the judgment. The notice shall be filed with the recording officer of the county in which the judgment is rendered, with the recording officer of the county, if known, in which the personal property is located and with the recording officer of the county, if known, in which the attorney’s or licensee’s client resides. The recording officer of a county shall record the notices filed under this section in a book called “index of liens upon chattels.”
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(2) Except as provided in subsection (3) of this section, a lien under ORS 87.445 on a judgment for the possession, award or transfer of personal property must be foreclosed in the manner provided in ORS chapter 88, not later than one year after the notice of claim of lien is fil…
ORS 87.460 Filing of notice of claim of lien on judgment for possession of real property; recording; foreclosure. (1) When an attorney or other licensee of the Oregon State Bar licensed to practice law claims a lien under ORS 87.445, if the judgment is for the possession, award or conveyance of real property, the attorney or licensee must file a notice of claim of lien not later than six months after entry of the judgment and disposition of any appeal of the judgment. The notice shall be filed with the recording officer of the county in which the real property, or any part of it, is situated. The recording officer of a county shall record the notices filed under this section in a book that shall be indexed in the same manner as the record of deeds and mortgages
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(2) Except as provided in subsection (3) of this section, a lien under ORS 87.445 upon a judgment for the possession, award or conveyance of real property must be foreclosed in the manner provided in ORS chapter 88, not later than one year after the notice of claim of lien is fil…
ORS 87.465 Effect of failure to file notice of claim of lien; effect of failure to foreclose. If the notice of claim of lien is not filed within the time required by ORS 87.450, 87.455 or 87.460 or if the lien is not foreclosed within the time required by ORS 87.455 or 87.460, the lien created by ORS 87.445 shall cease to exist. [1975 c.648 §63 (enacted in lieu of 87.495)]
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[Repealed or reserved.]
ORS 87.470 Contents of notice of claim of lien. The notice of claim of lien required under ORS 87.450 to 87.460 shall be a statement in writing verified by the oath of the attorney and must contain
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(1) A statement of the attorney’s demand, including the amount of the fee or compensation of the attorney; (2) The name of the case in which the judgment was entered, the date on which the judgment was entered in the register, and a description of the real or personal property wh…
ORS 87.475 Effect of settlement on lien; satisfaction of judgment. (1) Except as provided in subsections (3) and (4) of this section, the lien created by ORS 87.445 is not affected by a settlement between the parties to the action, suit or proceeding before or after judgment, order or award
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(2) Except as provided in subsections (3) and (4) of this section, a party to the action, suit or proceeding, or any other person, does not have the right to satisfy the lien created by ORS 87.445 or any judgment, order or award entered in the action, suit or proceeding until the…
ORS 87.480 Attorney’s right and power over actions and judgments. Attorneys have the same right and power over actions, suits, proceedings, judgments, orders and awards to enforce their liens as their clients have for the amount due thereon to them. [1975 c.648 §66 (enacted in lieu of 87.495); 2003 c.576 §342]
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[Repealed or reserved.]
ORS 87.485 Attorney fees. In suits to foreclose a lien created by ORS 87.445, the court shall allow a reasonable amount as attorney fees at trial and on appeal to the prevailing party. [1975 c.648 §67 (enacted in lieu of 87.495); 1981 c.897 §24]
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[Repealed or reserved.]
ORS 87.490 Priority of lien upon actions and judgments. (1) Except for tax liens, prior encumbrances and prior liens of record on the real or personal property subject to the lien created by ORS 87.445, the lien created by ORS 87.445 is superior to all other liens, including a lien created by ORS 147.285
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(2) When the lien of an attorney created under ORS 87.445 attaches to a judgment allowing or enforcing a client’s lien, the attorney’s lien has the same priority as the client’s lien with regard to personal or real property subject to the client’s lien. [1975 c.648 §68 (enacted i…
ORS 87.495 [Repealed by 1975 c.648 §55 (87.430 to 87.490 enacted in lieu of 87.495)]
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[Repealed or reserved.]
ORS 87.500 [Repealed by 1975 c.648 §72]
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LIEN FOR LONG TERM CARE
ORS 87.501 Definitions for ORS 87.501 to 87.542. As used in ORS 87.501 to 87.542, unless the context requires otherwise
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(1) “Authorized representative” means a person appointed under ORS chapter 125 as a guardian or conservator of an individual and any other person holding funds or receiving benefits or income on behalf of an individual. (2) “Care” means all the services rendered in a long term ca…
ORS 87.503 Lien for long term care; statement concerning lien to be given to care recipient. (1) When an individual receives care at a long term care facility under a written contract that does not violate state or federal law, the individual receiving the care, and upon the death of such individual, the decedent’s estate of that individual, is liable for the contracted costs of care. The individual receiving care and any authorized representative shall be given an itemized statement of goods and services provided as each payment becomes due. If the individual or an authorized representative of that individual refuses to pay the long term care facility for the costs of care within 30 days after the services are rendered and any portion thereof are billed to the individual or the authorized representative of the individual, the unpaid amount plus interest thereon at the legal rate of interest provided for in ORS 82.010 shall be a lien in favor of the long term care facility against the real property of the individual receiving care. The lien shall attach to the real property on the day, whichever is later, that is
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(a) The 30th day after the first services for which the lien is claimed are performed; or (b) The 30th day after the first unpaid payment for care becomes due. (2) At the time of signing a written contract for care at the facility, a long term care facility shall provide to the i…
ORS 87.505 [Repealed by 1975 c.648 §72]
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[Repealed or reserved.]
ORS 87.507 Perfecting lien; notice of lien; serving notice of lien; time to perfect lien. (1) In order to perfect a lien created by ORS 87.503, a long term care facility shall
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(a) File a notice of lien with the recording officer of the county or counties in which the real property is located; and (b) Serve a certified copy of the notice of lien by registered or certified mail upon the individual or the authorized representative of the individual. (2) A…
ORS 87.510 [Repealed by 1975 c.648 §72]
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[Repealed or reserved.]
ORS 87.512 Contents of notice of lien. The notice of lien required under ORS 87.507 shall be a written statement verified by the oath of an officer of the long term care facility that asserts a claim for the lien and that contains
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(1) A true statement of demand, including an itemized statement of services provided and setting forth the amount due and owing to the long term care facility as of the date of the notice, after deducting all credits and offsets; (2) The name of the individual who received care; …
ORS 87.515 [Amended by 1957 c.420 §1; 1959 c.521 §1; repealed by 1975 c.648 §72]
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[Repealed or reserved.]
ORS 87.517 Recording notice of lien. The recording officer of the county shall record the notices filed under ORS 87.507 in the statutory lien record. [1995 c.749 §5; 1997 c.744 §7; 2009 c.628 §4]
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Note: See note under 87.501.
ORS 87.522 Foreclosure of lien; attorney fees. A lien created by ORS 87.503 may be foreclosed by an action in the circuit court in accordance with ORS chapter 88. In a suit to foreclose a lien created by ORS 87.503, the court, upon entering judgment for the lien claimant, shall allow as part of the lien the moneys paid for the recording of the notice of lien under ORS 87.517. The court shall also allow reasonable attorney fees at trial and on appeal to the prevailing party. [1995 c.749 §6]
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Note: See note under 87.501.
ORS 87.525 [Repealed by 1975 c.648 §72]
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[Repealed or reserved.]
ORS 87.527 Limitations on property subject to lien. Notwithstanding ORS 87.503 (1)
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(1) A lien created by ORS 87.503 on the home of a living individual who received care may not be foreclosed for as long as any of the following individuals reside in the home: (a) The individual who received care. (b) The spouse of the individual. (c) A child of the individual, i…
ORS 87.530 [Repealed by 1975 c.648 §72]
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[Repealed or reserved.]
ORS 87.533 Assets and income that are exempt from lien. A lien created by ORS 87.503 shall not be enforced so as to interfere with
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(1) Any assets or income allowed to the community spouse or dependent family member under 42 U.S.C. 1396r-5(d) or any rule of the Department of Human Services or the Oregon Health Authority. (2) The priority given to the recovery of medical assistance payments under ORS 115.125 (…
ORS 87.535 [Amended by 1957 c.684 §1; 1971 c.177 §1; repealed by 1975 c.648 §72]
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[Repealed or reserved.]
ORS 87.537 Duration of lien. (1) Except as provided in subsection (2) of this section, if a suit to foreclose a lien created by ORS 87.503 is not commenced in an appropriate court within the 180-day period immediately following the date on which the lien is perfected under ORS 87.507, the lien shall cease to exist
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(2) Any period of time during which a lien created by ORS 87.503 may not be foreclosed under ORS 87.527 shall not be part of the period of time during which the lien exists under subsection (1) of this section. The existence of a lien created by ORS 87.503 shall not be extended i…