ORS 179.655¹
Enforcement of lien
  • distraint warrant

(1) If any amount due the Department of Human Services or the Department of Corrections 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]

Atty. Gen. 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

Notes of Decisions

Parents were not denied equal protec­tion by require­ment that they pay support pursuant to ORS 419.513 for child placed in foster care, for foster home is not "state institu­tion" for purposes of these sec­tions. State ex rel Juvenile Depart­ment v. Rankin, 30 Or App 239, 566 P2d 1209 (1977)

Atty. Gen. Opinions

Status of a responsible relative of a needy recipient when the responsible relative is also subject to pay­ment of support for an­oth­er relative in a state institu­tion, (1973) Vol 36, p 608; release of patient's confidential case records, (1974) Vol 36, p 1080; 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; Mental Health Division billing for prisoner-patients transferred from correc­tional institu­tions to state institu­tions for mentally ill for cost of care and treat­ment, (1981) Vol 41, p 365

1 Legislative Counsel Committee, CHAPTER 179—Administration of State Institutions, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors179.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 179, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­179ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
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. Currency Information