Levy and sale of property for payment of liquidated and delinquent debt owed to department
- • fees
- • warrants
(1) For purposes of this section, a liquidated and delinquent debt is a debt that meets one of the following conditions:
(a) Judgment has been entered on the debt; or
(b) Liability for and the amount of the debt have been established through an administrative proceeding.
(2) If a person fails to pay in full any liquidated and delinquent debt due the Department of Transportation, the department may issue a warrant for the amount due, with the added penalties or charges, interest and 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.
(3) 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.
(4) In the discretion of the department a warrant under this section may be directed to any agent authorized by the department to collect debts 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.
(5) Nothing in this section affects any provision of ORS 319.182 (Collection of delinquent tax, interest or penalty), 319.742 (Collection of delinquent obligation generally) or 825.504 (Warrant procedure for collecting tax, fee, penalty or assessment). [2007 c.27 §2; 2011 c.661 §1]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.