(1) When an attorney or other member of the Oregon State Bar licensed to practice law claims a lien under ORS § 87.445, if the judgment is for the possession, award or transfer of personal property, the attorney or member must file a notice of claim of lien not later than one year after entry of the judgment and disposition of any appeal of the judgment. The notice shall be filed with the recording officer of the county in which the judgment is rendered, with the recording officer of the county, if known, in which the personal property is located and with the recording officer of the county, if known, in which the attorney’s or member’s client resides. The recording officer of a county shall record the notices filed under this section in a book called ‘index of liens upon chattels.’

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Terms Used In Oregon Statutes 87.455

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Personal property: All property that is not real property.

(2) Except as provided in subsection (3) of this section, a lien under ORS § 87.445 on a judgment for the possession, award or transfer of personal property must be foreclosed in the manner provided in ORS Chapter 88, not later than one year after the notice of claim of lien is filed under subsection (1) of this section.

(3) An attorney or member and the client of the attorney or member may, by an agreement in writing, extend the period of time within which a lien created by ORS § 87.445 must be foreclosed to two years after the notice of claim of lien is filed. An agreement to extend a foreclosure period under this subsection shall contain the time and place of the filing of the notice of claim of lien by the attorney or member and shall be filed with the recording officer with whom the notice of claim of lien was filed. [1975 c.648 § 61 (enacted in lieu of 87.495); 2003 c.576 § 339; 2023 c.72 § 42]

 

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