2019 Oregon Revised Statutes
Volume : 02 - Business Organizations, Commercial Code
Chapter 087 - Statutory Liens
Section 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 79.
(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 and offsets;
(b) The name of the owner of the chattel to be charged with the lien;
(c) A description of the labor, services or materials provided by the lien claimant for the benefit of the owner of the chattel to be charged with the lien;
(d) A description of the chattel to be charged with the lien sufficient for identification;
(e) A statement that the amount claimed is a true and bona fide existing debt as of the date of the filing of notice of claim of lien;
(f) The date on which payment was due to the lien claimant for labor, services or materials;
(g) The terms of extended payment; and
(h) Such other information as the Secretary of State may require for the written notice of claim of lien created by ORS 87.226.
(3) If the person entitled to a lien under ORS 87.216 to 87.232 does not properly file a notice of claim of lien within the time required by subsection (1) of this section, the person waives the right to the lien. [1975 c.648 §21; 1985 c.469 §4; 1987 c.297 §1; 2001 c.301 §7; 2007 c.71 §19; 2011 c.359 §1]
