Levy and sale of property for payment of liquidated and delinquent debt owed to department
- • fees
- • levy on funds of debtor
(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 under the department’s official seal directed to the sheriff of any county of the state commanding the sheriff to levy upon and sell the real and personal property of the person found within that county, for payment of the amount due, with the added penalties or charges, interest and cost of executing the warrant, and to return the warrant to the department and pay to the department the money collected from the sale by the time specified in the warrant, not less than 60 days from the date of the warrant.
(3) The sheriff shall, within five days after the receipt of the warrant, record with the clerk of the county a copy of the warrant. The clerk shall enter in the County Clerk Lien Record the name of the person mentioned in the warrant, the amount of the debt for which the warrant is issued and the date when the copy is recorded. The amount of the warrant shall become a lien upon the title to and interest in property of the person against whom the warrant is issued in the same manner as a judgment that creates a judgment lien under ORS chapter 18.
(4) The sheriff shall proceed upon the warrant in all respects, with like effect and in the same manner prescribed by law in respect to executions issued against property upon judgment of a court of record, and shall be entitled to the same fees for services in executing the warrant, to be added to and collected as a part of the warrant liability.
(5) In the discretion of the Department of Transportation, a warrant of like terms, force and effect to levy upon funds of the person in possession of the Department of Revenue may be issued and directed to any agent authorized by the Department of Transportation to collect liquidated and delinquent debts for the department, and in the execution thereof the agent shall have 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.
(6) 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]
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.