(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 the treasurer of the county in which the lien claimant obtained possession of the chattel subject to the lien from the lien debtor a sum of money or its equivalent equal in value to 200 percent of the amount claimed under the lien for the storage of the chattel.
(b) The court in which any proceeding to foreclose the lien for the storage of the chattel may be brought may, upon notice and upon motion by a person who makes a deposit under paragraph (a) of this subsection, order the money invested in such manner as the court may direct. A person who makes a deposit under paragraph (a) of this subsection shall be entitled to any income from the investments and the treasurer of the county shall pay the income when received to the depositor without order.
(3) A bond or money may be filed or deposited under subsection (1) or (2) of this section at any time after a lien for the storage of a chattel is claimed under ORS 87.152 to 87.162 and the amount of the lien claimed is $750 or more.
(4) A person who files a bond or deposits money under subsections (1) to (3) of this section shall cause to be served upon the lien claimant a notice of the filing or deposit. If the person files a bond, the notice shall include a copy of the bond. The notice shall be filed not later than 20 days after the filing or deposit and shall state the location and time of the filing or deposit.
(5) If a person does not notify the lien claimant as required by subsection (4) of this section, the filing of the bond or the deposit of money is of no effect and the provisions of subsections (1) to (3) of this section do not apply in a suit to foreclose the lien for which the filing or deposit is made.
(6) When a person files a bond with the recording officer of a county under subsections (1) to (3) of this section and serves notice of the filing upon the lien claimant under subsections (4) and (5) of this section, the person shall file with the same recording officer an affidavit stating that the notice was served.
(7) When a person deposits money with the treasurer of a county under subsections (1) to (3) of this section and serves notice of the deposit upon the lien claimant under subsections (4) and (5) of this section, the person shall file with the recording officer of the same county an affidavit stating that the deposit was made and notice was served. [2003 c.193 §§2,3,4]
Note: 87.177 to 87.181 were added to and made a part of 87.152 to 87.212 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
Structure 2021 Oregon Revised Statutes
Volume : 02 - Business Organizations, Commercial Code
Section 87.005 - Definitions for ORS 87.001 to 87.060 and 87.075 to 87.093.
Section 87.010 - Construction liens; who is entitled to lien.
Section 87.015 - Land and interests therein subject to lien; leaseholds.
Section 87.018 - Delivery of notices.
Section 87.023 - Notice of right to lien; form of notice.
Section 87.030 - Effect of owner’s knowledge of improvement; notice of nonresponsibility.
Section 87.035 - Perfecting lien; filing claim of lien; contents of claim.
Section 87.036 - Subcontractor’s perfection of claim of lien; notice; fee; rules.
Section 87.037 - Prohibition against claim of lien.
Section 87.039 - Notice of filing claim of lien; effect of failure to give notice.
Section 87.055 - Duration of lien; when suit to enforce lien commences.
Section 87.060 - Foreclosure; right to jury trial; distribution of proceeds of foreclosure sale.
Section 87.076 - Bond or deposit of money; amount; demand for release of lien; effect.
Section 87.081 - Filing affidavit with county officer.
Section 87.088 - Release of lien or return of money.
Section 87.142 - Definitions for ORS 87.142 to 87.490 and 87.910.
Section 87.146 - Priorities of liens.
Section 87.156 - Innkeeper’s lien.
Section 87.166 - Attachment of liens.
Section 87.172 - Time period before foreclosure allowed.
Section 87.176 - Fees for storage of chattel; notice to lien debtor; effect of failure to comply.
Section 87.179 - Determination of adequacy of bond.
Section 87.181 - Release of lien or return of money.
Section 87.182 - Effect of prior security interest on method of foreclosure.
Section 87.192 - Notice of foreclosure sale to lien debtor; public notice.
Section 87.202 - Statement of account of foreclosure sale.
Section 87.206 - Disposition of proceeds of foreclosure sale.
Section 87.214 - Disposal of property left with launderer or dry cleaner.
Section 87.222 - Logger’s, woodworker’s and timberland owner’s lien.
Section 87.226 - Agricultural services lien.
Section 87.232 - Fishing lien and fish worker’s lien.
Section 87.236 - Attachment of liens; attachment to proceeds.
Section 87.246 - Recording; fees.
Section 87.252 - Notice to owner and holders of security interests; effect of failure to comply.
Section 87.266 - Duration of liens.
Section 87.272 - Petition for foreclosure without suit.
Section 87.276 - Evidence admissible; issuance of show cause order.
Section 87.282 - Waiver of right to hearing before filing of petition.
Section 87.288 - Show cause order; contents; service.
Section 87.312 - Effect of notice of foreclosure sale to secured parties; failure to give notice.
Section 87.316 - Disposition of proceeds of foreclosure sale.
Section 87.352 - Mining labor and material lien.
Section 87.364 - Attachment of liens.
Section 87.386 - Costs and attorney fees in foreclosure.
Section 87.392 - Priorities of liens.
Section 87.450 - Filing notice of claim of lien on judgment for sum of money.
Section 87.470 - Contents of notice of claim of lien.
Section 87.475 - Effect of settlement on attorney’s lien; satisfaction of judgment.
Section 87.490 - Priority of attorney’s lien upon actions and judgments.
Section 87.501 - Definitions for ORS 87.501 to 87.542.
Section 87.503 - Lien for long term care; statement concerning lien to be given to care recipient.
Section 87.507 - Perfecting lien; notice of lien; serving notice of lien; time to perfect lien.
Section 87.512 - Contents of notice of lien.
Section 87.517 - Recording notice of lien.
Section 87.522 - Foreclosure of lien; attorney fees.
Section 87.527 - Limitations on property subject to lien.
Section 87.533 - Assets and income that are exempt from lien.
Section 87.537 - Duration of lien.
Section 87.542 - Priority of lien.
Section 87.560 - Limitations on extent of lien.
Section 87.565 - Notice of lien required.
Section 87.570 - Form of notice.
Section 87.603 - Definitions for ORS 87.603 to 87.633.
Section 87.613 - Notice of lien required.
Section 87.617 - Form of notice; contents.
Section 87.627 - Payment after notice of lien; liability to provider of services; exception.
Section 87.685 - Definitions for ORS 87.685 to 87.695.
Section 87.686 - Rental agreement; statement of insurance held by owner.
Section 87.689 - Notice of foreclosure and sale.
Section 87.693 - ORS 87.687 as exclusive law for creating lien; exception.
Section 87.700 - Definitions for ORS 87.228 and 87.700 to 87.736.
Section 87.705 - Agricultural produce lien; date lien attaches.
Section 87.725 - Foreclosure; costs allowable to prevailing plaintiff.
Section 87.750 - Definitions for ORS 87.750 to 87.777.
Section 87.755 - Grain producer’s lien; date lien attaches; priority.
Section 87.767 - Form of notice; public record; fee.
Section 87.806 - Filing of federal tax liens.
Section 87.821 - Filing and indexing fee; rules.
Section 87.855 - Lien for contributions to employee benefit plan; priority.
Section 87.860 - Filing of claim of lien.
Section 87.865 - Foreclosure; joinder or consolidation; costs; limitation.
Section 87.872 - Lien for mold created or work performed with mold.
Section 87.876 - Sale of mold.
Section 87.930 - Secretary of State to furnish list of persons who have filed financing statement.