ORS 179.655
Enforcement of lien

  • distraint warrant

(1)

If any amount due the Department of Corrections or the Oregon Health Authority for the cost of care of a person is not paid within 30 days after it becomes due, and no provision is made to secure the payment by bond, deposit or otherwise, pursuant to rules adopted by the appropriate agency, the agency may issue a distraint warrant directed to any county of the state.

(2)

After the receipt of the distraint warrant, the clerk of the county shall enter in the County Clerk Lien Record the name of the person, the amount for which the distraint warrant is issued and the date the distraint warrant is recorded. The amount of the distraint warrant shall become a lien upon the title to and interest in any property owned or later acquired by the debtor against whom it is issued, and it may be enforced by the agency in the same manner as a judgment of the circuit court.

(3)

In the event that an ability-to-pay order issued under ORS 179.640 (Determination of ability to pay) (4) or (5) becomes final, and supersedes a previous final ability-to-pay order on which a distraint warrant had been issued, the agency shall issue a new distraint warrant superseding the previous distraint warrant, and the lien shall conform to the new order.

(4)

The agency may direct a copy of the distraint warrant to the sheriff of any county of the state commanding the sheriff to levy upon and sell the real and personal property of the taxpayer found within that county, for the payment of the amount due, with interest, collection charge and the sheriff’s fee. The sheriff shall return the distraint warrant to the agency and pay to it the money collected not less than 60 days from the date the copy of the distraint warrant was directed to the sheriff.

(5)

The agency may issue the directive provided in subsection (4) of this section to any agent of the agency. In executing the distraint warrant, the agent shall have the same powers conferred by law upon sheriffs. However, the agent is not entitled to any fee or compensation in excess of actual expenses incurred in the performance of this duty. [1973 c.806 §§10,11,12; 1983 c.696 §8; 1989 c.348 §5; 1999 c.159 §4; 2001 c.487 §5; 2009 c.595 §151; 2013 c.36 §61]

Source: Section 179.655 — Enforcement of lien; distraint warrant, https://www.­oregonlegislature.­gov/bills_laws/ors/ors179.­html.

Attorney General Opinions

Authority of Department of Revenue for access to confidential medical information to apply on behalf of patient under care of Mental Health Division for medical benefits, (1974) Vol 37, p 269; liability for cost of care of person in state institution, (1975) Vol 37, p 357

179.010
Definitions 179.040
General powers and duties 179.045
Reports on convictions 179.050
Authority to hold property 179.055
Disposition of income from property 179.065
Furnishing utilities for institutions 179.105
Acceptance of federal or other assistance to carry out general powers and duties 179.110
Use of federal grants 179.130
Institutional petty cash fund 179.140
Auditing and paying claims 179.150
Interest in contracts prohibited 179.210
Claim for injury or damage 179.230
Rejection of claim final and not reviewable 179.240
Procedure where award due person owing debt to state 179.310
“Superintendent” defined 179.321
Responsibility to supervise state institutions 179.325
Change in use of institution for persons with developmental disabilities or mental illness 179.331
Appointment, suspension and removal of superintendents 179.340
Salaries and expenses of superintendents 179.360
Powers and duties of superintendents 179.370
Residence of superintendents at institutions 179.375
Chaplaincy services 179.380
Employment of staff 179.385
Scholarship programs to train personnel for institutions 179.390
Appointment, suspension, removal and salaries of assistants, officers and employees 179.400
Rentals to officers and employees at institution 179.405
License required for teachers at institution 179.440
Work in production of articles and performance of labor for state 179.450
Work on state-owned land 179.460
Sale and exchange of surplus products of institutions 179.471
Definitions for ORS 179.473 and 179.478 179.473
Transfers between institutions 179.478
Examination for intellectual disability 179.479
Conveyance of adults in custody from institution to physician or hospital for treatment 179.483
Time spent pursuant to transfer or conveyance counted as part of sentence 179.485
Rights of person transferred to institution for persons with mental illness or intellectual disabilities 179.486
Payment of costs in connection with transfers and conveyances 179.490
Authorization and payment of cost of emergency and necessary operations 179.492
Dispensing of brand-name mental health drugs 179.495
Disclosure of written accounts of adult in custody 179.505
Disclosure of written accounts by health care services provider 179.507
Enforcement of ORS 179.495 and 179.505 179.508
Disclosure of individually identifiable health information about adult in custody 179.509
Reports on deaths at institutions 179.510
“Funds” defined 179.520
Authorization to receive funds of institution residents 179.530
Disbursements from accounts 179.560
Members 179.570
Powers and duties of board 179.580
Ad hoc committees 179.610
Definitions for ORS 179.610 to 179.770 179.620
Liability of person or estate for cost of care 179.640
Determination of ability to pay 179.653
Unpaid costs as lien on property 179.655
Enforcement of lien 179.660
Guardian or conservator for estate of person in institution 179.701
Determination of cost-of-care rates 179.711
Remittance of amounts due 179.731
Waiver of collection of amount payable 179.740
Collection from estates 179.745
Title to and transfer of property 179.750
Equal care and services for persons in state institutions 179.770
Rules
Green check means up to date. Up to date

Current through early 2024

§ 179.655’s source at oregon​.gov