Chapter 87 — Chapter 87
294 sections in this chapter.
ORS 87.539 Discharge or release of lien claim; recordation; penalty for failure to discharge or release lien claim. (1) When a long term care facility receives payment from an individual, an individual’s estate, the State of Oregon or any other source for the care claimed in a notice of lien filed under ORS 87.507, the long term care facility shall file with the recording officer of the county in which the notice of lien was filed a certificate declaring that payment has been received and that the lien is discharged
1.0K chars
(2) Within 20 days after being notified that the individual is eligible for Medicaid, the long term care facility shall file with the recording officer of the county in which the notice of lien was filed a certificate releasing the claim of lien upon any property protected under …
ORS 87.540 [Amended by 1957 c.684 §2; repealed by 1975 c.648 §72]
0.0K chars
[Repealed or reserved.]
ORS 87.542 Priority of lien. (1) A lien created under ORS 87.503 shall have priority from the date of its perfection and shall be subordinate and inferior to any other lien, mortgage, trust deed or other encumbrance that attached to the real property or was recorded prior to the recording of the notice of lien under ORS 87.507. Except for property tax liens, the lien created by ORS 87.503 shall have priority over any other lien, mortgage, trust deed or other encumbrance that attached to the real property or was recorded subsequent to the recording of the notice of lien under ORS 87.507
0.4K chars
(2) A lien created under ORS 87.503 is void as against any purchaser in good faith and for a valuable consideration of the same real property whose interest is recorded prior to the recording of the notice of lien under ORS 87.507. (3) ORS 93.645 shall apply to a lien created und…
ORS 87.545 [Repealed by 1975 c.648 §72]
0.0K chars
[Repealed or reserved.]
ORS 87.550 [Repealed by 1957 c.684 §3 (87.551 enacted in lieu of 87.550)]
0.0K chars
[Repealed or reserved.]
ORS 87.551 [1957 c.684 §4 (enacted in lieu of 87.550); repealed by 1975 c.648 §72]
0.0K chars
MEDICAL SERVICES LIEN
ORS 87.555 Hospitals, physicians, physician associates and nurse practitioners as lien claimants. (1) Except as otherwise provided by law, whenever any person receives hospitalization or medical treatment on account of any injury, and the person, or the personal representative of the person after the death of the person, claims damages from the person causing the injury, then the hospital or any physician licensed under ORS chapter 677, physician associate licensed under ORS 677.505 to 677.525 or nurse practitioner licensed under ORS 678.375 to 678.390 who treats the injured person in the hospital or who provides medical services shall have a lien upon any sum awarded the injured person or the personal representative of the person by judgment or award or obtained by a settlement or compromise to the extent of the amount due the hospital and the physician, physician associate or nurse practitioner for the reasonable value of such medical treatment rendered prior to the date of judgment, award, settlement or compromise. However, no such lien shall be valid against anyone coming under the Workers’ Compensation Act
1.6K chars
(2) When the injured person receiving hospitalization or medical care from a physician, physician associate or nurse practitioner is the beneficiary of an insurance policy, including a policy that provides personal injury protection coverage or similar no-fault medical insurance …
ORS 87.560 Limitations on extent of lien. (1) No lien under ORS 87.555 (1) shall be allowed
0.9K chars
(a) For hospitalization and treatment from a physician, physician associate or nurse practitioner rendered after a settlement has been effected by or on behalf of the party causing the injury; (b) Against any sum for necessary attorney fees, costs and expenses incurred by the inj…
ORS 87.565 Notice of lien required. (1) In order to perfect a lien under ORS 87.555 (1), a hospital, an owner or operator of a hospital, a physician, a physician associate or a nurse practitioner shall
1.4K chars
(a) Not later than 30 days after the discharge of the patient from the hospital, file a notice of lien substantially in the form prescribed in ORS 87.570, containing a statement of the amount claimed, with the recording officer of the county wherein such hospital is located; and …
ORS 87.570 Form of notice. The form of the notice required by ORS 87.565 shall be substantially as follows
2.1K chars
______________________________________________________________________________ Notice is hereby given that ______ has rendered hospitalization services or medical treatment for ______, a person who was injured on the ___ day of ______ in the city of ______, county of ______, Stat…
ORS 87.575 Lien docket. Each recording officer shall maintain a lien docket in which, upon the filing of a notice of lien, the recording officer shall enter the name of the injured person, the approximate date of the hospitalization services or medical treatment, the name and address of the hospital filing the notice and the amount claimed and the name and address of the physician, physician associate or nurse practitioner filing the notice and the amount claimed. The recording officer shall make an index thereto in the names of the injured persons. [Amended by 1989 c.727 §5; 1999 c.146 §5; 2014 c.45 §8; 2024 c.73 §25]
0.0K chars
[Repealed or reserved.]
ORS 87.580 [Amended by 1989 c.727 §6; repealed by 1999 c.146 §6 (87.581 enacted in lieu of 87.580)]
0.0K chars
[Repealed or reserved.]
ORS 87.581 Liability of person or insurer to hospital, physician, physician associate or nurse practitioner; conditions; deadline for filing claim. (1) A person or insurer shall be liable to a hospital and physician, physician associate or nurse practitioner for the reasonable value of hospitalization services and medical treatment rendered out of the moneys due under any payment, award, judgment, settlement or compromise, after paying the attorney fees, costs and expenses incurred in connection therewith, or the proportion of that amount as determined under ORS 87.555 (3), if the person or insurer
1.0K chars
(a) Has received a notice of lien that complies with ORS 87.565; (b) Has not paid the hospital and physician, physician associate or nurse practitioner the reasonable value of hospitalization services and medical treatment that the hospital and physician, physician associate or n…
ORS 87.585 Foreclosure. The liens described in ORS 87.555 may be foreclosed by a suit in the circuit court. In any suit brought pursuant to the provisions of ORS 87.581 or this section, upon entering a judgment for the plaintiff, the court shall allow as part of the costs and disbursements all moneys paid for the filing and recording of the notice of lien, and reasonable attorney fees at trial and on appeal. [Amended by 1981 c.897 §25; 1999 c.146 §8; 2003 c.576 §344]
0.0K chars
[Repealed or reserved.]
ORS 87.590 [Repealed by 1975 c.648 §72]
0.0K chars
[Repealed or reserved.]
ORS 87.595 [Repealed by 1975 c.648 §72]
0.0K chars
[Repealed or reserved.]
ORS 87.600 [Repealed by 1975 c.648 §72]
0.0K chars
AMBULANCE SERVICES LIEN
ORS 87.603 Definitions for ORS 87.603 to 87.633. As used in ORS 87.603 to 87.633, unless the context requires otherwise
0.5K chars
(1) “Ambulance” has the meaning given that term in ORS 682.025. (2) “Ambulance services” includes the transportation of an individual who is ill or injured or who has a disability in an ambulance and the administration of medical or emergency care, if necessary, while the individ…
ORS 87.605 [Amended by 1955 c.136 §1; repealed by 1975 c.648 §72]
0.0K chars
[Repealed or reserved.]
ORS 87.607 Ambulance services lien. When an individual receives ambulance services provided by any person or governmental unit, if the individual has a contract providing for indemnity or compensation for the sum incurred for those services, the person or governmental unit providing the ambulance services has a lien upon the amount payable under the contract. The party obligated to make reimbursement under the contract may pay the sum due thereunder directly to the person or governmental unit, and that payment shall constitute a full release of the party to the amount of the payment. [1983 c.821 §3]
0.0K chars
[Repealed or reserved.]
ORS 87.610 [Repealed by 1975 c.648 §72]
0.0K chars
[Repealed or reserved.]
ORS 87.613 Notice of lien required. In order to perfect the lien described in ORS 87.607, the person or an officer of the governmental unit that provided the ambulance services shall
0.5K chars
(1) Not later than 15 days after providing the ambulance services, file a notice of lien with the recording officer of the county in which the individual who received the ambulance services resides; and (2) Prior to the date of judgment, settlement or compromise, serve a certifie…
ORS 87.615 [Repealed by 1975 c.648 §72]
0.0K chars
[Repealed or reserved.]
ORS 87.617 Form of notice; contents. The notice of lien required under ORS 87.613 shall be a statement in writing verified by the oath of the person or an officer of the governmental unit asserting the lien claim and must contain
0.4K chars
(1) A true statement of demand, after deducting all credits and offsets; (2) The name of the individual who received ambulance services; (3) An itemized statement of the ambulance services provided; (4) A statement that the amount claimed is a true and bona fide existing debt as …
ORS 87.620 [Repealed by 1975 c.648 §72]
0.0K chars
[Repealed or reserved.]
ORS 87.623 Notices recorded in lien docket. The recording officer of the county shall record the notices filed under ORS 87.613 in the lien docket maintained under ORS 87.575. [1983 c.821 §6; 2014 c.45 §10]
0.0K chars
[Repealed or reserved.]
ORS 87.625 [Repealed by 1975 c.648 §72]
0.0K chars
[Repealed or reserved.]
ORS 87.627 Payment after notice of lien; liability to provider of services; exception. (1) Except as provided in subsection (2) of this section, when an insurer or health care service contractor receives a certified copy of a notice of lien from a person or governmental unit under ORS 87.613, if the insurer or health care service contractor makes any payment to the individual named in the notice without paying the person or governmental unit the amount claimed by the person or governmental unit in the notice, the insurer or health care service contractor is liable to the person or governmental unit for the amount claimed in the notice of lien. For 180 days after the date of such payment, the person or governmental unit has a cause of action against the insurer or health care service contractor
0.5K chars
(2) If an insurer or health care service contractor pays for ambulance services according to the terms of its policy or contract in response to a claim received earlier than the certified copy of a notice of lien for those ambulance services is received under ORS 87.613, then the…
ORS 87.630 [Repealed by 1975 c.648 §72]
0.0K chars
[Repealed or reserved.]
ORS 87.633 Foreclosure. The lien described in ORS 87.607 may be foreclosed by a suit in the circuit court. [1983 c.821 §8]
0.0K chars
[Repealed or reserved.]
ORS 87.635 [Repealed by 1975 c.648 §72]
0.0K chars
[Repealed or reserved.]
ORS 87.640 [Repealed by 1975 c.648 §72]
0.0K chars
[Repealed or reserved.]
ORS 87.645 [Repealed by 1975 c.648 §72]
0.0K chars
[Repealed or reserved.]
ORS 87.650 [Repealed by 1975 c.648 §72]
0.0K chars
[Repealed or reserved.]
ORS 87.655 [Repealed by 1975 c.648 §72]
0.0K chars
[Repealed or reserved.]
ORS 87.660 [Repealed by 1975 c.648 §72]
0.0K chars
[Repealed or reserved.]
ORS 87.665 [Repealed by 1975 c.648 §72]
0.0K chars
[Repealed or reserved.]
ORS 87.670 [Repealed by 1975 c.648 §72]
0.0K chars
[Repealed or reserved.]
ORS 87.675 [Repealed by 1975 c.648 §72]
0.0K chars
SELF-SERVICE STORAGE FACILITY LIEN
ORS 87.685 Definitions for ORS 87.685 to 87.695. As used in ORS 87.685 to 87.695
2.0K chars
(1) “Default” means a failure to perform in a timely manner any obligation or duty set forth in a rental agreement. (2) “Last known address” means a physical or electronic mail address that an occupant provided in the latest rental agreement or the physical or electronic mail add…
ORS 87.686 Rental agreement; statement of insurance held by owner. (1) A rental agreement must state whether the owner holds an insurance policy that protects personal property that is stored at the self-service storage facility identified in the rental agreement
0.6K chars
(2) If the owner holds an insurance policy that protects personal property stored at the self-service storage facility, the rental agreement must describe the nature of the insurance coverage. (3) If the owner does not hold an insurance policy that protects personal property stor…
ORS 87.687 Self-service storage facility owner’s possessory lien; attachment of lien; priority of lien. (1) The owner of a self-service storage facility has a lien upon all personal property, whether or not owned by the occupant, that is located in a specified storage space rented by an occupant at the facility to secure payment for rent, reasonable or agreed charges for labor, materials or other services provided by the owner at the request of the occupant, expenses necessarily incurred in preserving the personal property and expenses reasonably incurred in the sale or other disposition of the personal property under ORS 87.689. The owner may retain the personal property until the rent and other charges and expenses are paid
0.5K chars
(2) The lien created by this section attaches to personal property of an occupant at the time at which the personal property is stored at the self-service storage facility. (3) Except for a lien or security interest that is perfected prior to the attachment of the lien created by…
ORS 87.689 Notice of foreclosure and sale. (1) An owner may foreclose a lien created by ORS 87.687 upon the occupant’s default
1.7K chars
(2) Before an owner may foreclose by sale a lien created by ORS 87.687, the owner shall notify the occupant of the foreclosure and sale by sending registered or certified mail or other verified mail to the occupant’s last known address or by sending electronic mail to the occupan…
ORS 87.691 Sale of property subject to lien; advertisement of sale; treatment of vehicles, trailers and watercraft; satisfaction of lien before sale; use of sale proceeds. (1) After the time specified in the notice given under ORS 87.689 expires, if the owner determines, based on the owner’s previous experience, that the personal property subject to the lien created by ORS 87.687 has a value of $1,000 or less, the owner may dispose of the property at the owner’s sole discretion
4.4K chars
(2) After the time specified in the notice given under ORS 87.689 expires, if the owner determines, based on the owner’s previous experience, that the personal property subject to the lien created by ORS 87.687 has a value of more than $1,000, the owner shall cause an advertiseme…
ORS 87.693 ORS 87.687 as exclusive law for creating lien; exception. (1) Except as provided in subsection (2) of this section, ORS 87.687 is the sole and exclusive statute creating a lien applicable to personal property in self-service storage facilities
0.2K chars
(2) If a motor vehicle is stored or parked at a self-service storage facility, upon default, the owner may proceed as an owner of a parking facility under ORS 98.810 to 98.818. [1997 c.374 §6]
ORS 87.694 Late fee; requirements. An owner may charge and collect a reasonable fee for an occupant’s late payment of rent due for use of an individual storage space in a self-service storage facility. The rental agreement must specify the amount of the fee and the date on which the owner may charge the fee. The owner may charge the fee once in each month in which the occupant fails to pay the rent due or pays the rent due later than the due date specified in the rental agreement. For purposes of this section, a fee is reasonable if the fee does not exceed the greater of $20 or 20 percent of the monthly rent due for the individual storage space. The owner may charge and collect the late fee in addition to any other fees authorized by law or under the rental agreement. [2013 c.209 §2]
0.0K chars
[Repealed or reserved.]
ORS 87.695 Short title. ORS 87.685 to 87.695 shall be known as the Oregon Self-Service Storage Facility Act. [1997 c.374 §1; 1999 c.59 §253]
0.0K chars
AGRICULTURAL PRODUCE LIEN
ORS 87.700 Definitions for ORS 87.228 and 87.700 to 87.736. As used in ORS 87.228 and 87.700 to 87.736, unless the context otherwise requires
1.5K chars
(1) “Agricultural produce” means horticultural products, viticultural products, fruit, berries, vegetables, hops, mint oil, hazelnuts or other nuts, dairy products, bee products, vermiculture products, hay or straw baled and prepared for market, meat animals and Christmas trees a…
ORS 87.705 Agricultural produce lien; date lien attaches. (1) An agricultural producer that delivers or transfers agricultural produce for consideration to a purchaser has a lien for the contract price of that produce, or for the reasonable value of the produce if there is no contract price. The lien created by this section attaches to all agricultural produce, whether in a raw or processed condition, delivered or transferred to the purchaser by any agricultural producer and to all other inventory of the purchaser. The lien also attaches to proceeds received by the purchaser from the sale by the purchaser to a third party of any raw or processed agricultural produce. If the agricultural produce that an agricultural producer delivers to the purchaser consists of meat animals, the lien also attaches to all accounts receivable by the purchaser from the sale of any agricultural produce to a third party. The lien on the agricultural produce, inventory, proceeds or accounts receivable attaches on the date physical possession of the agricultural produce is delivered or transferred by the agricultural producer to the purchaser or an agent of the purchaser
0.7K chars
(2) An agricultural producer that claims a lien under subsection (1) of this section need not file any notice in order to perfect the lien. The agricultural producer must file a notice of lien as provided in ORS 87.710 or a notice of claim of lien as provided in ORS 87.242 to ext…
ORS 87.710 Filing notice of lien; duration of lien; contents of notice; notice to secured parties; effect of failure to give notice to secured parties. (1) A lien created under ORS 87.705 expires no later than the end of the 45th day after the date that the final payment to the agricultural producer is originally due, unless the producer extends the lien as provided in subsection (2) of this section or ORS 87.242. If the agricultural producer extends the lien, the lien expires no later than the 225th day after the date that the final payment to the producer is originally due
2.8K chars
(2) An agricultural producer may extend a lien created under ORS 87.705 by filing a notice of lien with the Secretary of State or by filing a notice of claim of lien under ORS 87.242. If a notice of lien is filed under this subsection, the agricultural producer may file the notic…