Oregon Revised Statutes Chapter 87 § 87.705 — expires no later than the end of the 45th day after the date that the
Oregon Revised Statutes Chapter 87 ·
Oregon Code § 87.705·Enacted ·Last updated March 01, 2026
Statute Text
expires no later than the end of the 45th day after the date that the
final payment to the agricultural producer is originally due, unless the
producer extends the lien as provided in subsection (2) of this section or ORS
87.242. If the agricultural producer extends the lien, the lien expires no
later than the 225th day after the date that the final payment to the producer
is originally due.
(2) An
agricultural producer may extend a lien created under ORS 87.705 by filing a
notice of lien with the Secretary of State or by filing a notice of claim of
lien under ORS 87.242. If a notice of lien is filed under this subsection, the
agricultural producer may file the notice only during the period after the date
that payment for the agricultural produce is originally due and no later than
the 45th day after the date that the final payment for the produce is due. The
notice must be supported by affidavit and contain:
(a) A true
statement of the agricultural producers demand after deducting all credits and
offsets;
(b) The name of
the purchaser that received the agricultural produce to be charged with the
lien;
(c) A description
of the produce delivered or transferred by the producer sufficient to identify
the basis for the lien;
(d) A statement
that the amount claimed is a true and bona fide existing debt as of the date of
the filing of the notice of lien;
(e) The date that
the final payment to the producer was originally due; and
(f) Such other
information as the Secretary of State may require.
(3) If an
agricultural producer files a notice of lien under this section, the producer
shall send notice to all persons that have filed a financing statement under
ORS chapter 79A that perfects a security interest in all or part of the same
inventory, proceeds or accounts receivable. The notice to those persons must
provide the same information contained in the notice of lien required by
subsection (2) of this section and be sent by certified mail, return receipt
requested.
(4) The
agricultural producer must send notice to other persons as required by
subsection (3) of this section no later than the 20th day after filing the
notice of lien. If the agricultural producer does not send a person notice
within the required time, the lien created under ORS 87.705 becomes subordinate
to that persons perfected security interest in the agricultural produce,
proceeds or accounts receivable of the purchaser.
(5) For purposes
of this section, final payment to the agricultural producer for agricultural
produce is due:
(a) On the date
specified for payment in the contract between the purchaser and the producer;
or
(b) If there is
no contract or no date of payment is specified in the contract, two business
days after the purchaser takes delivery of the produce.
(6)
Notwithstanding ORS 174.120, for purposes of this section and ORS 87.730 and
87.735, if the last day of the period for performing an act is a Saturday, or a
legal holiday as specified in ORS 187.010 and 187.020, the period runs until
the end of the next day that is not a Saturday or legal holiday. [1973 c.647 §4;
1975 c.648 §54; 1975 c.703 §7; 1999 c.612 §3; 2001 c.301 §12; 2011 c.359 §3]
Plain English Explanation
This Oregon statute addresses expires no later than the end of the 45th day after the date that the
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 87.705
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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