(1) If an overpayment of public assistance, including supplemental nutrition assistance issued under ORS § 411.806 to 411.845, or medical assistance is not repaid within 30 days of the payment due date, after an individual has been afforded an opportunity for a contested case hearing under ORS Chapter 183 relating to the overpayment, the Department of Human Services or the Oregon Health Authority may:

Terms Used In Oregon Statutes 411.703

  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Public assistance: means the following types of assistance:

    (a) Temporary assistance for needy families granted under ORS § 412. See Oregon Statutes 411.010

(a) Issue a warrant that meets the requirements of ORS § 205.125 for the overpayment; and

(b) Present a warrant issued under this section for recordation in the County Clerk Lien Record of the county clerk of any county in the state.

(2) The warrant must include the principal amount of the overpayment, interest accumulated pursuant to ORS § 82.010 or other applicable law, costs associated with recording, indexing and serving the warrant and costs associated with an instrument evidencing satisfaction or release of the warrant.

(3) The department or the authority shall mail a copy of the warrant to the debtor at the last known address of the debtor.

(4) Upon receipt of the warrant for recordation, the county clerk shall record the warrant in the manner provided in ORS § 205.125.

(5) Upon issuance of the warrant, the department or the authority may issue a notice of garnishment in accordance with ORS § 18.854.

(6) Upon recording, the warrant:

(a) Has the effect described in ORS § 205.125 and 205.126; and

(b) May be enforced as provided in ORS § 18.854 and 205.126. [2003 c.663 § 2; 2007 c.118 § 2; 2009 c.599 § 19; 2011 c.720 § 124; 2013 c.688 § 59]

 

OREGON SUPPLEMENTAL INCOME PROGRAM

 

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