Oregon Statutes 657B.280 – Delinquent contributions and improper benefit payments as liens on real or personal property; foreclosure
(1) This section applies to:
Terms Used In Oregon Statutes 657B.280
- Benefits: means family and medical leave insurance benefits. See Oregon Statutes 657B.010
- contributions: means the money payments made by any of the following under ORS § 657B. See Oregon Statutes 657B.010
- Employer: means any person that employs one or more employees working anywhere in this state or any agent or employee of such person to whom the duties of the person under this chapter have been delegated. See Oregon Statutes 657B.010
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Personal property: All property that is not real property.
- Tribal government: has the meaning given that term in ORS § 181A. See Oregon Statutes 657B.010
(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. [2019 c.700 § 17; 2023 c.120 § 10]
Section 13 (5), chapter 120, Oregon Laws 2023, provides:
(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)]