ORS § 657B.280

Current through 2024 Regular Session legislation effective June 6, 2024
Section 657B.280 - Delinquent contributions and improper benefit payments as liens on real or personal property; foreclosure
(1) This section applies to:
(a) An employer that fails to remit to the Department of Revenue any amount of contributions due under ORS 657B.150;
(b) An individual liable to repay any amount of benefits paid under this chapter to which the individual was not entitled;
(c) A person liable under ORS 657B.330 for amounts due under this chapter;
(d) A self-employed individual or tribal government that fails to remit to the Department of Revenue any amount of contributions due under ORS 657B.130;
(e) An employer liable to repay any amount of grant moneys awarded under ORS 657B.200 for which the employer was not eligible; and
(f) An individual or an employer liable for any amounts due under this chapter.
(2) If a judgment or final administrative order is rendered in favor of the Director of the Employment Department for amounts described in subsection (1) of this section, the amounts shall be a lien in favor of the director upon all property, whether real or personal, belonging to the employer, individual or person.
(3) The lien shall be perfected and attach:
(a) To real and personal property located within the county, upon the recording of a warrant, as provided in ORS 657B.300, with the clerk of the county in which the property is located.
(b) To personal property wherever located within the state, upon:
(A) The recording of a warrant, as provided in ORS 657B.300, with the clerk of any county; and
(B) The filing of a copy of the warrant with the Secretary of State as provided in ORS 657B.290.
(4) The lien created by this section may be foreclosed by a suit in the circuit court in the manner provided by law for the foreclosure of other liens on real or personal property.

ORS 657B.280

Amended by 2023 Ch. 120, § 10, eff. 9/24/2023.
2019 c. 700, § 17

Section 13 (5), chapter 120, Oregon Laws 2023, provides:

Sec. 13. (5) The amendments to ORS 657B.280 by section 10, chapter 120, Oregon Laws 2023, apply to amounts due or liable to be repaid on or after January 1, 2023. [2023 c. 120, § 13(5); 2023 c. 292, § 16b(5)]