ORS 657B.300
Alternative remedies for collection of amounts liable to be repaid

  • warrants
  • 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 657B.280 (Delinquent contributions and improper benefit payments as liens on real or personal property), interest on those amounts or penalties, the director may instead issue a warrant for the amount liable to be repaid with the added interest, penalties, collection charges and the sheriff’s costs of executing the warrant. The Employment Department shall mail or deliver a copy of the warrant to the last known address of the employer, individual or person.

(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).

(3)

After recording a warrant under this section, the director may direct the sheriff of the county in which the warrant is recorded to levy upon and sell any real and personal property, and levy upon any currency, belonging to the employer, individual or person and found within that county. The proceeds or currency shall be applied against the amount reflected in the warrant and the sheriff’s costs of executing the warrant.

(4)

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.

(5)

Intentionally left blank —Ed.

(a)

The director may direct the warrant to any agent and authorize the agent to collect the amount reflected in the warrant.

(b)

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 incurred in the execution.

(6)

Amounts collected pursuant to this section shall be deposited in the Paid Family and Medical Leave Insurance Fund established under ORS 657B.430 (Paid Family and Medical Leave Insurance Fund). [2019 c.700 §19]
Note: 657B.300 (Alternative remedies for collection of amounts liable to be repaid) becomes operative January 1, 2023. See section 63, chapter 700, Oregon Laws 2019, as amended by section 1, chapter 30, Oregon Laws 2021, and section 6a, chapter 639, Oregon Laws 2021.

Source: Section 657B.300 — Alternative remedies for collection of amounts liable to be repaid; warrants; execution by sheriff, https://www.­oregonlegislature.­gov/bills_laws/ors/ors657B.­html.

657B.005
Legislative findings
657B.010
Definitions
657B.015
Benefit eligibility
657B.020
Qualifying purposes for benefits
657B.025
Coordination of leave
657B.030
Use of other paid leave benefits in addition to paid family and medical leave insurance benefits
657B.040
Notice to employers prior to commencing leave
657B.050
Amount of benefits
657B.060
Job protection
657B.070
Denying leave
657B.080
False statements or failure to report material fact by employer
657B.090
Claim for benefits
657B.100
Allowing or denying claim
657B.110
Continuous jurisdiction of director
657B.120
False statements or failure to report material fact
657B.130
Elective coverage for certain individuals
657B.150
Contributions
657B.175
Effect of place of performance of service
657B.180
Unlawful practices of employer
657B.190
Employer’s security for payment of contributions
657B.200
Employer assistance grants
657B.210
Equivalent plans, generally
657B.220
Director review of benefits provided under equivalent plan
657B.230
Application for reapproval of plan
657B.240
Withdrawal from plan
657B.250
Portability of benefits and retention of eligibility status between jobs
657B.260
Successor in interest required to continue offering approved plan to eligible employees until withdrawal of plan
657B.280
Delinquent contributions and improper benefit payments as liens on real or personal property
657B.290
Filing of lien statement or warrant
657B.300
Alternative remedies for collection of amounts liable to be repaid
657B.310
Release, compromise or satisfaction of lien
657B.320
Delinquent contributions
657B.330
Liability of certain officers, members, partners or employees for amounts in default
657B.340
Family and medical leave insurance program
657B.350
Third party administrator
657B.360
Determining number of employees employed by employer
657B.370
Computation and assessment of employer contributions and interest
657B.380
Advisory committee
657B.390
Employment records
657B.400
Confidentiality of information
657B.410
Appeals process, generally
657B.420
Appeals of decisions under equivalent employer plan
657B.430
Paid Family and Medical Leave Insurance Fund
657B.440
Employer required to provide notice advising employees of rights and duties
657B.460
Construction of chapter
657B.470
Preemption of local laws relating to paid family and medical leave
657B.480
State agency assistance
657B.900
Criminal penalties
657B.910
Penalty when employer fails to file contribution reports or pay contributions when due
657B.920
Penalty when employer fails to file reports
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