Oregon Code § 87.435·Enacted ·Last updated March 01, 2026
Statute Text
Bond,
letter of credit or deposit of money to discharge possessory lien; recording;
notice.
(1) The
owner of papers or personal property subject to a lien created by ORS 87.430,
or any other interested person, may file with the recording officer of the
county in which the attorney or other licensee of the Oregon State Bar licensed
to practice law has the attorneys or licensees principal office a bond
executed by a corporation authorized to issue surety bonds in the State of
Oregon to the effect that the owner of the papers and personal property against
which the lien is claimed shall pay the amount of the claim and all costs which
are awarded against the papers and personal property on account of the lien.
The bond shall be in an amount not less than 150 percent of the amount claimed
under the lien, and must be filed prior to the commencement of a foreclosure
proceeding by the attorney or licensee.
(2)(a) In lieu of
the surety bond provided for in subsection (1) of this section, a person may
deposit with the treasurer of the county in which the attorney or licensee has
the attorneys or licensees principal office an irrevocable letter of credit
issued by an insured institution, as defined in ORS 706.008, or a sum of money
or its equivalent equal in value to 150 percent of the amount claimed under the
lien.
(b) When a person
deposits money or an irrevocable letter of credit with the treasurer of a
county under this subsection, the person shall file with the recording officer
of the same county an affidavit stating that the deposit was made.
(3) When a bond
is filed under subsection (1) of this section or money or an irrevocable letter
of credit deposited and an affidavit filed under subsection (2) of this
section, the recording officer shall issue to the owner or other person a
certificate stating that the bond, irrevocable letter of credit or money is
substituted for the chattel and that the lien on the chattel is discharged.
(4) When a bond
is filed under subsection (1) of this section, or money or an irrevocable
letter of credit is deposited under subsection (2) of this section, the owner
or other person filing the bond or depositing the money shall promptly send a
copy of the certificate received from the recording officer under subsection
(3) of this section to the attorney or licensee by registered or certified
mail.
(5) If the
attorney or licensee establishes the validity of the lien claim by a suit to
enforce it under ORS chapter 88, the attorney or licensee is entitled to
judgment against the sureties upon the bond, against the irrevocable letter of
credit issuer or against the deposited money. [1975 c.648 §57 (enacted in lieu
of 87.495); 1991 c.331 §18; 1997 c.631 §390; 2003 c.576 §337; 2023 c.72 §38;
2025 c.32 §80]
Plain English Explanation
This Oregon statute addresses Bond,
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 87.435
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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. Read the full statute text above for details.
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