ORS 87.332¹
Injury or removal of chattel subject to lien

Except for a person holding a prior duly perfected security interest in a chattel subject to a lien created by ORS 87.216 (Nonpossessory lien for labor or material expended on chattel), any person to whom a notice of claim of lien has been given as provided in ORS 87.242 (Filing notice of claim of lien), 87.252 (Notice to owner and holders of security interests) and 87.306 (Foreclosure by sale without suit) who dismantles, removes from this state, misdelivers or conceals a chattel or the proceeds of the sale of a chattel upon which there is a valid lien without the written consent of the lien claimant, shall be liable to the lien claimant for damages proximately resulting therefrom, which sum may be recovered in an action at law without instituting foreclosure proceedings. The court shall allow reasonable attorney fees at trial and on appeal to the prevailing party. [1975 c.648 §37; 1981 c.897 §21]

Notes of Decisions

Cases that interpret former ORS 87.675 are not necessarily applicable in interpreting this sec­tion because this sec­tion is not merely rewriting former sec­tion. C&V, Inc. v. DAW Forest Products Co., 85 Or App 58, 735 P2d 1244 (1987)

Notice given by filing lien with Secretary of State pursuant to ORS 87.242 (Filing notice of claim of lien) is sufficient to sustain ac­tion against party not receiving direct notice. Green Valley Industries, Inc. v. Keech, 120 Or App 596, 853 P2d 318 (1993)

1 Legislative Counsel Committee, CHAPTER 87—Statutory Liens, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors087.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 87, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano087.­html (2019) (last ac­cessed May 16, 2020).
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.
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