Chapter 87 — Chapter 87
294 sections in this chapter.
ORS 87.140 [Repealed by 1975 c.648 §72]
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LIENS GENERALLY
ORS 87.142 Definitions for ORS 87.142 to 87.490 and 87.910. As used in ORS 87.142 to 87.490 and 87.910, unless the context otherwise requires
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(1) “Animal” means any mammal, bird, fish, reptile, amphibian or insect. (2) “Chattel” includes movable objects that are capable of being owned, but does not include personal rights not reduced to possession but recoverable by an action at law or suit in equity, money, evidence o…
ORS 87.145 [Repealed by 1975 c.648 §72]
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[Repealed or reserved.]
ORS 87.146 Priorities of liens. (1) Except as provided in subsection (2) of this section
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(a) Liens created by ORS 87.152 to 87.162 have priority over all other liens, security interests and encumbrances on the chattel subject to the lien, except that taxes and duly perfected security interests existing before chattels sought to be subjected to a lien created by ORS 8…
ORS 87.150 [Repealed by 1975 c.648 §72]
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POSSESSORY CHATTEL LIENS
ORS 87.152 Possessory lien for labor or material expended on chattel; requirement for surety bond. (1) Except as provided in subsections (2) and (3) of this section, a person that makes, alters, repairs, transports, stores, pastures, cares for, provides services for, supplies materials for or performs labor on a chattel at the request of the owner or lawful possessor of the chattel has a lien on the chattel in the possession of the person for the reasonable or agreed charges for labor, materials or services of the person, and the person may retain possession of the chattel until the charges are paid
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(2)(a) Except as provided in subsection (3) of this section, a person may not create, attach, assert or claim a possessory lien on a motor vehicle, as defined in ORS 801.360, unless the person performs a service that complies with ORS 646A.480 to 646A.495 and that involves making…
ORS 87.155 [Repealed by 1975 c.648 §72]
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[Repealed or reserved.]
ORS 87.156 Innkeeper’s lien. (1) Except as provided in subsection (2) of this section, the keeper of an inn, hotel or motel has a lien on the chattels brought into the inn, hotel or motel belonging to or under the control of a guest or boarder for the reasonable or agreed charges due the keeper from the guest or boarder for accommodation, board and lodging, services, money, labor and materials furnished at the request of the guest or boarder by the keeper. The keeper may retain possession of the chattels until those charges are paid
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(2)(a) The keeper may not retain prescription or nonprescription medications, medical equipment or apparatus, food or children’s clothing or accessories after the guest or boarder requests return of the property. (b) If the keeper retains property in violation of this subsection,…
ORS 87.159 Lien for care of impounded animal; petition for hearing to contest impoundment and lien; court order; waiver. (1) A person who, or governmental agency that, transports, pastures, feeds, cares for or provides treatment to an animal that has been impounded under ORS 167.345 has a lien on the animal in the possession of the person or governmental agency for the reasonable charges for transportation, pasturage, feed, care or treatment provided by the person or governmental agency, and the person or governmental agency may retain possession of the animal until those charges are paid
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(2)(a) Within 30 days of impoundment of any animal or animals as is authorized under ORS 167.345, any person who has an ownership interest in any impounded animal may file a written petition, verified under oath, demanding a hearing before the circuit court. The petition shall sp…
ORS 87.160 [Repealed by 1975 c.648 §72]
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[Repealed or reserved.]
ORS 87.162 Landlord’s lien. Except as provided in ORS 87.156 and 90.120, a landlord has a lien on all chattels, except wearing apparel as defined in ORS 18.345 (1), owned by a tenant or occupant legally responsible for rent, brought upon the leased premises, to secure the payment of rent and such advances as are made on behalf of the tenant. The landlord may retain the chattels until the amount of rent and advances is paid. [1975 c.648 §5; 1981 c.258 §1; 1997 c.374 §8]
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[Repealed or reserved.]
ORS 87.165 [Repealed by 1975 c.648 §72]
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[Repealed or reserved.]
ORS 87.166 Attachment of liens. (1) Except as provided in subsection (2) of this section, the liens created by ORS 87.152 to 87.162 attach to the chattels described in those sections when
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(a) The services or labor are performed or the materials or money are furnished by the lien claimant to the lien debtor; and (b) The charges for the services or labor performed and materials or money furnished are due and the lien debtor either knows or should reasonably know tha…
ORS 87.170 [Repealed by 1975 c.648 §72]
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[Repealed or reserved.]
ORS 87.172 Time period before foreclosure allowed. (1) Except as otherwise provided in this section, a person claiming a lien under ORS 87.152 to 87.162 must retain the chattel that is subject to the lien for at least 60 days after the lien attaches to the chattel before foreclosing the lien
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(2) Except as otherwise provided in this subsection, a person claiming a lien under ORS 87.152 for cost of care, materials and services bestowed on an animal must retain the animal for at least 30 days after the lien attaches to the animal before foreclosing the lien. If the lien…
ORS 87.175 [Repealed by 1975 c.648 §72]
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[Repealed or reserved.]
ORS 87.176 Fees for storage of chattel; notice to lien debtor; effect of failure to comply. (1) When the lien claimed under ORS 87.152 to 87.162 is for other than the storage of a chattel, if the lien claimant incurs expenses in storing the chattel prior to foreclosure, the lien claimant may charge reasonable fees for the storage of the chattel for a period not exceeding six months from the date that the lien attaches to the chattel. A lien claimant seeking to recover storage fees for storage expenses incurred prior to foreclosure shall send a written notice, within 20 days from the date that the storage fees began to accrue, to the lien debtor and every other person that requires notification under ORS 87.196. The claimant shall transmit the notice by certified mail. A person notified under ORS 87.196 need not receive the notice within the 20-day period, but within a reasonable time. If the lien claimant fails to comply with the notice requirements of this subsection, the lien claimant is limited to recovering reasonable fees for the storage of the chattel prior to foreclosure for a period of time not exceeding 20 days from the date that the lien attached to the chattel
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(2) When the lien claimed under ORS 87.152 to 87.162 is for the storage of a chattel, the lien claimant shall send a written notice stating that storage fees are accruing, within 20 days after the chattel has been placed in storage, to the lien debtor and every other person that …
ORS 87.177 Bond or deposit of money for lien for storage of chattel; amount; notice to lien claimant; filing affidavit with county officer. (1) When a lien claimed under ORS 87.152 to 87.162 is for the storage of a chattel and the amount of the lien claimed is $750 or more, the lien debtor, or any other interested person, may file with the recording officer of the county in which the lien claimant obtained possession of the chattel subject to the lien from the lien debtor a bond executed by a corporation authorized to issue surety bonds in the State of Oregon to the effect that the principal or principals on the bond shall pay the amount of the claim and all costs and attorney fees that are awarded against the chattel on account of the lien. The bond shall be in an amount not less than 200 percent of the amount claimed under the lien for the storage of the chattel
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(2)(a) In lieu of the surety bond provided for in subsection (1) of this section, when a lien claimed under ORS 87.152 to 87.162 is for the storage of a chattel and the amount of the lien claimed is $750 or more, the lien debtor, or any other interested person, may deposit with t…
ORS 87.178 Foreclosure after filing of bond or deposit of money; effect of filing or deposit; disposition of bond or money. (1) When a lien claimed under ORS 87.152 to 87.162 is for the storage of a chattel and the amount of the lien claimed is $750 or more, any suit to foreclose the lien that is commenced or pending after the filing of a bond or deposit of money under ORS 87.177 (1) to (3) shall proceed as if no filing or deposit had been made except that the lien shall attach to the bond or money upon the filing or deposit and the service of notice of the filing or deposit upon the lien claimant. The chattel described in the claim of lien shall thereafter be entirely free of the lien and shall in no way be involved in subsequent proceedings
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(2) When a bond is filed or money is deposited and, in a suit to enforce the lien for which the filing or deposit is made, the court allows the lien, the lien shall be satisfied out of the bond or money. The court shall include as part of its judgment an order for the return to t…
ORS 87.179 Determination of adequacy of bond. (1) If a lien claimant considers the bond filed with a recording officer of a county under ORS 87.177 (1) to (3) inadequate to protect the claim of the lien claimant for some reason other than the amount of the bond, the lien claimant may petition the court in which the suit to foreclose the lien for the storage of the chattel may be brought for a determination of the adequacy of the bond. The petition must be filed within 10 days of receipt of the notice of the filing of the bond under ORS 87.177 (4) and (5). The petition must describe in detail the reasons for the inadequacy
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(2) Not later than two days after the filing of the petition with the court, the lien claimant shall send a notice of the filing and a copy of the petition by registered or certified mail to the person who filed the bond. After a hearing, if the court determines that the bond is …
ORS 87.180 [Repealed by 1975 c.648 §72]
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[Repealed or reserved.]
ORS 87.181 Release of lien or return of money. The county recording officer shall record a written release of the lien for the storage of the chattel or the county treasurer in whose office money is deposited under ORS 87.177 (1) to (3) shall return the money to the person who made the deposit when
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(1) The person who filed the bond or deposited the money presents a certified copy of a court’s order for the release of the bond or all or some of the money to that person; or (2) The person who filed the bond or deposited the money presents a written release of lien signed by t…
ORS 87.182 Effect of prior security interest on method of foreclosure. (1) When a lien created by ORS 87.162 is subordinate to a prior duly perfected security interest in a chattel as provided in ORS 87.146, the lien created by ORS 87.162 shall be foreclosed by suit as provided in ORS chapter 88
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(2) Except as provided in subsection (1) of this section, liens created by ORS 87.152 to 87.162 may be foreclosed by suit as provided in ORS chapter 88, or by sale of the chattel subject to the lien at public auction to the highest bidder for cash. [1975 c.648 §9]
ORS 87.185 [Repealed by 1975 c.648 §72]
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[Repealed or reserved.]
ORS 87.186 Location of foreclosure sale. Foreclosure of liens created by ORS 87.152 to 87.162 by public sale shall occur in the county in which the lien claimant obtained possession of the chattel subject to the lien from the lien debtor. [1975 c.648 §11]
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[Repealed or reserved.]
ORS 87.190 [Repealed by 1975 c.648 §72]
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[Repealed or reserved.]
ORS 87.192 Notice of foreclosure sale to lien debtor; public notice. (1)(a) Before a lien claimant forecloses by sale a lien created under ORS 87.152 to 87.162, the lien claimant shall give notice of the foreclosure sale to the lien debtor by first class mail with certificate of mailing, registered mail or certified mail sent to the lien debtor at the lien debtor’s last-known address. The lien claimant shall give notice of the foreclosure sale to the lien debtor
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(A) Except as otherwise provided in this paragraph, at least 30 days before the foreclosure sale. (B) If the lien is for the cost of removing, towing or storing a vehicle that a person who holds a certificate issued under ORS 819.480 has appraised at a value of $1,000 or less, at…
ORS 87.195 [Repealed by 1975 c.648 §72]
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[Repealed or reserved.]
ORS 87.196 Notice of foreclosure sale to secured parties; effect of notice; effect of failure to give notice. (1)(a) A lien claimant that forecloses by sale a lien created under ORS 87.152 to 87.162 shall give notice of the foreclosure sale by first class, registered or certified mail. The following apply
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(A) The lien claimant shall give notice to all persons that have filed a financing statement in the office of the Secretary of State, or in the office of the appropriate county officer of the county in which the sale is held, to perfect a security interest in the chattel to be so…
ORS 87.200 [Repealed by 1975 c.648 §72]
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[Repealed or reserved.]
ORS 87.202 Statement of account of foreclosure sale. (1) A person that forecloses a lien created under ORS 87.152 to 87.162 by sale shall file a statement of account that the person verifies by oath with the recording officer of the county in which the sale took place if
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(a) The chattel sold at the foreclosure sale has a fair market value of $1,000 or more; or (b) The chattel sold at the foreclosure sale is an animal that bears a brand or other mark recorded with the State Department of Agriculture under ORS chapter 604. (2) The statement of acco…
ORS 87.205 [Repealed by 1975 c.648 §72]
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[Repealed or reserved.]
ORS 87.206 Disposition of proceeds of foreclosure sale. (1) The proceeds of a sale to foreclose a lien created by ORS 87.152 to 87.162 shall be applied in the following order
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(a) To the payment of the reasonable and necessary expenses of the sale; (b) To satisfy the indebtedness secured by the lien under which the sale is made; (c) Subject to subsection (2) of this section, to satisfy the indebtedness secured by any subordinate lien or security intere…
ORS 87.210 [Repealed by 1975 c.648 §72]
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[Repealed or reserved.]
ORS 87.212 Liability for improper sale of fungible chattels. A person claiming a lien under ORS 87.152 to 87.162 for the storage of fungible chattels shall not sell more of those chattels than is necessary to pay charges due that person for the storage. If a person unnecessarily sells fungible chattels without the consent of the owner thereof, the person shall, for each offense, forfeit to the owner of the chattels a sum equal to the fair market value of the chattels unnecessarily sold and 50 percent of the fair market value in addition as a penalty. The owner shall recover such value and penalty by an action at law. [1975 c.648 §15]
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[Repealed or reserved.]
ORS 87.214 Disposal of property left with launderer or dry cleaner. Notwithstanding any provision of ORS 87.172 to 87.212
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(1) If a garment or article left with a retail launderer or retail dry cleaner for laundering, dry cleaning or other service is not redeemed by the customer within 180 days, the launderer or dry cleaner may, without any liability or responsibility for the article or garment, disp…
ORS 87.215 [Repealed by 1975 c.648 §72]
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NONPOSSESSORY CHATTEL LIENS
ORS 87.216 Nonpossessory lien for labor or material expended on chattel. A person who makes, alters, repairs, transports, stores, provides services for or performs labor on a chattel at the request of the owner of the chattel has a lien on that chattel for the reasonable or agreed charges for the labor or services the person performs and for the materials the person furnishes in connection therewith. [1975 c.648 §16]
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[Repealed or reserved.]
ORS 87.220 [Repealed by 1975 c.648 §72]
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[Repealed or reserved.]
ORS 87.222 Logger’s, woodworker’s and timberland owner’s lien. (1) A person who performs labor on or assists in obtaining, handling, manufacturing or transporting timbers or wood products has a lien upon those timbers and those wood products for the reasonable or agreed value for this labor or services, when the labor is performed or services provided at the request of the owner of the timbers or wood products or an agent of the owner
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(2) A person who permits another to go on the land of the person and obtain timbers, has a lien upon the timbers, cut for the reasonable or agreed charge for that permission and stumpage. (3) Subject to the limitation in subsection (4) of this section, if a person cuts or hires a…
ORS 87.225 [Repealed by 1975 c.648 §72]
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[Repealed or reserved.]
ORS 87.226 Agricultural services lien. (1) A person who performs labor, supplies materials or provides services on farmland, range, ranch, orchard or in that person’s place of business to aid the growing or harvesting of crops or the raising of animals has a lien upon the crops or animals for the reasonable or agreed charges for labor, materials or services. The lien upon crops or animals created by this section also attaches to the proceeds of the crops or animals and to the unborn progeny of the animals that are in utero on the date a notice of claim of lien is filed
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(2) If the lien claimed under subsection (1) of this section is for stud or artificial insemination services, the lien attaches only to the female animal to which the male animal is let or which is artificially inseminated, and the offspring. (3) The lien on crops and the proceed…
ORS 87.228 Effect on agricultural services lien when payment for produce is made prior to filing of lien claim. A lien created by ORS 87.226 ceases to attach to a crop that is agricultural produce as defined in ORS 87.700 and is in the possession of a purchaser, or to the proceeds of the sale of the crop to a third party, if the purchaser pays the agricultural producer in full for the crop and the claim for the lien is not filed under ORS 87.242 prior to the date of that payment. [Formerly 87.740]
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Note: 87.228 was made a part of 87.700 to 87.736 by legislative action but was not added to or made a part of any other series in ORS chapter 87. See Preface to Oregon Revised Statutes for further explanation.
ORS 87.230 [Repealed by 1975 c.648 §72]
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[Repealed or reserved.]
ORS 87.232 Fishing lien and fish worker’s lien. (1) A person who performs labor in the operation of the chattel used for the purpose of catching fish from, holding them upon or transporting them within the waters of this state has a lien on the fish taken using the chattel during the period for which the lien is claimed for the reasonable or agreed charge for the labor of the person
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(2) A person who performs labor in the catching or transporting of fish in this state has a lien on the fish for the reasonable or agreed charges for the labor of the person. [1975 c.648 §19]
ORS 87.235 [Repealed by 1975 c.648 §72]
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[Repealed or reserved.]
ORS 87.236 Attachment of liens; attachment to proceeds. (1) The liens created by ORS 87.216 to 87.232 attach to the chattels described in those sections
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(2) The liens created by ORS 87.222 and 87.232 shall also attach to the proceeds of the sale of the chattels subject to those liens if: (a) Prior to the filing of the notice of claim of lien, the chattels or any part thereof are sold or delivered to an agent, broker, cooperative …
ORS 87.240 [Repealed by 1975 c.648 §72]
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[Repealed or reserved.]
ORS 87.242 Filing notice of claim of lien; filing deadline; contents of notice; effect of failure to file notice. (1) A person claiming a lien created by ORS 87.216, 87.222 or 87.232 shall file a written notice of claim of lien with the recording officer of the county in which the lien debtor resides, or, if the lien debtor is a business, the county in which the lien debtor has its principal place of business, not later than 60 days after the close of the furnishing of the labor, services or materials. A person claiming a lien created by ORS 87.226 shall file a written notice of claim of lien with the Secretary of State not later than 75 days after the close of the furnishing of the labor, services or materials. A person claiming a lien created by ORS 87.705 shall file a written notice of claim of lien with the Secretary of State not later than 45 days after the close of the furnishing of the labor, services or materials. A person claiming a lien created by ORS 87.755 shall file a written notice of claim of lien with the Secretary of State not later than 180 days after the close of the furnishing of the labor, services or materials. The Secretary of State shall include a notice of claim of lien that is filed with the secretary under this subsection in the index maintained by the secretary for filing financing statements pursuant to ORS chapter 79A
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(2) The notice of claim of lien required under subsection (1) of this section shall be a statement in writing verified by the attestation under penalty of perjury of the lien claimant and must contain: (a) A true statement of the lien claimant’s demand after deducting all credits…
ORS 87.245 [Repealed by 1975 c.648 §72]
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[Repealed or reserved.]