205.125 County
Clerk Lien Record; contents; effect.
(1) The County Clerk Lien Record maintained under ORS 205.130 shall contain the
following information for each order or warrant recorded:
(a) The name of
any person subject to the order or warrant.
(b) The name of
the officer and the agency that issued the order or warrant or the name of the
complainant or claimant in whose favor an order of the Construction Contractors
Board or State Landscape Contractors Board has been given. The name of the agency
or board that issued the order or warrant must be clearly printed on the order
or warrant.
(c) The amount of
any monetary obligation imposed by the order or warrant, and the names of all
persons against whom the obligation is imposed.
(d) The date on
which the order or warrant was received and recorded.
(e) Full or
partial satisfaction, if any, of any lien claim created by the order or
warrant.
(f) County Clerk
Lien Record instruments filed under ORS 205.130 (3)(c)(A) shall be on official
letterhead and include the seals, if any, of the officers and agencies.
(g) Such other
information as may be considered necessary by the county clerk.
(2) From the date
that an order or warrant is recorded in the County Clerk Lien Record, the order
or warrant shall have the attributes and effect of a judgment that has been
entered in the register of the circuit court for that county, including but not
limited to the creation of a judgment lien for any monetary obligation in favor
of the officer or agency issuing the order or warrant or in favor of the
complainant or claimant in the proceedings before the Construction Contractors
Board or State Landscape Contractors Board, renewal and enforcement by
supplementary proceedings, writs of execution, notices of garnishment and writs
of garnishment.
(3) From the date
that an order or warrant imposing a monetary obligation is recorded in the
County Clerk Lien Record, the order or warrant becomes a lien upon the title to
and interest in property of the person against whom it is issued in the same
manner as a judgment that creates a judgment lien under ORS chapter 18.
(4) In addition
to any other remedy provided by law, orders and warrants recorded in the County
Clerk Lien Record may be enforced as provided in ORS 205.126. [1983 c.696 §1;
1985 c.343 §10; 1987 c.586 §30; 1989 c.706 §2; 1997 c.387 §1; 1999 c.153 §5;
1999 c.654 §13; 2003 c.576 §194; 2007 c.793 §4]
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 1998–2021 · leading case:
Perkins v. Dept. of Rev., 22 Or. Tax 370 (Or. T.C. 2017).
Perkins v. Dept. of Rev., 22 Or. Tax 370 (Or. T.C. 2017).
· cites it 3× “570 in the County Clerk Lien Record, it “has the effect described in ORS 205.125.” ORS 321.570(2). Fourth, the department (as agent of the State of Oregon) may collect on such debt “by appropriate judicial proceeding.”
Christensen v. Dept. of Rev., 22 Or. Tax 384 (Or. T.C. 2017).
“After analyzing the stat- utes providing for the issuance and enforcement of tax warrants—including ORS 205.125 and many which reside in ORS chapter 18, all of which point to courts other than this court—this court concluded that such matters ulti- mately belong in circuit court.”
Doughty v. Birkholtz, 964 P.2d 1108 (Or. Ct. App. 1998).
“150(2), in which case it “becomes a lien upon any interest in real property of the person against whom the order * * * is issued * * ORS 205.125(3). The recordation of a lien is not automatic, however, nor is that remedy necessarily available following a claimant’s success…”
Lincoln Commons, LLC v. Marion Cnty. Assessor (Or. T.C. 2021).
“Subpart (1) provides that warrants shall be recorded “in the County Clerk Lien Record maintained under ORS 205.130” and subpart (2) provides that the effect of the warrant “shall be the same as though the people of the county had recovered a judgment * * *.”
— Or. Rev. Stat. § 205.125(3) — 2 cases
Perkins v. Dept. of Rev., 22 Or. Tax 370 (Or. T.C. 2017).
“570 in the County Clerk Lien Record, it “has the effect described in ORS 205.125.” ORS 321.570(2). Fourth, the department (as agent of the State of Oregon) may collect on such debt “by appropriate judicial proceeding.”
Doughty v. Birkholtz, 964 P.2d 1108 (Or. Ct. App. 1998).
“150(2), in which case it “becomes a lien upon any interest in real property of the person against whom the order * * * is issued * * ORS 205.125(3). The recordation of a lien is not automatic, however, nor is that remedy necessarily available following a claimant’s success…”
— Or. Rev. Stat. § 205.125(4) — 1 case
Lincoln Commons, LLC v. Marion Cnty. Assessor (Or. T.C. 2021).
“Subpart (1) provides that warrants shall be recorded “in the County Clerk Lien Record maintained under ORS 205.130” and subpart (2) provides that the effect of the warrant “shall be the same as though the people of the county had recovered a judgment * * *.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.