Alternative remedies for collection of amounts liable to be repaid
- execution by sheriff
(1)In any case in which the Director of the Employment Department may bring a civil action for the collection of amounts liable to be repaid under ORS 657.310 (Repayment or deduction of benefits paid due to misrepresentation by recipient), interest on those amounts or penalties, the Employment Department may instead:
(a)Assess a collection charge of $5 if the amount liable to be repaid, the interest then due or the penalty exceeds $10.
(b)Issue a warrant for the amount liable to be repaid with the added interest, penalty, collection charge and the sheriff’s cost of executing the warrant. A copy of the warrant shall be mailed or delivered to the debtor by the department at the debtor’s last-known address.
(2)At any time after issuing a warrant under this section, the department may record the warrant in the County Clerk Lien Record of any county of this state. Recording of the warrant has the effect described in ORS 205.125 (County Clerk Lien Record). After recording a warrant, the department may direct the sheriff for the county in which the warrant is recorded to levy upon and sell the real and personal property of the debtor found within that county, and to levy upon any currency of the debtor found within that county, for the application of the proceeds or currency against the amount reflected in the warrant and the sheriff’s cost of executing the warrant. The sheriff shall proceed on the warrant in the same manner prescribed by law for executions issued against property pursuant to a judgment, and is entitled to the same fees as provided for executions issued against property pursuant to a judgment. The fees of the sheriff shall be added to and collected as a part of the warrant liability.
(3)In the discretion of the department a warrant under this section may be directed to any agent authorized by the department to collect amounts under this section, and in the execution of the warrant the agent has all of the powers conferred by law upon sheriffs, but is entitled to no fee or compensation in excess of actual expenses paid in the performance of such duty.
(4)Interest upon the amounts liable to be repaid and the penalty as set forth in the warrant shall be paid and collected at the rate prescribed in ORS 657.310 (Repayment or deduction of benefits paid due to misrepresentation by recipient). [1997 c.372 §7; 2003 c.576 §216; 2007 c.87 §4; 2011 c.661 §10]
Section 657.396 — Alternative remedies for collection of amounts liable to be repaid; warrants; execution by sheriff,