Section 87.725 – Foreclosure; costs allowable to prevailing plaintiff.
(1) The lien created by ORS 87.705 shall be foreclosed in the manner provided by law for the foreclosure of liens generally. (2) In all suits under ORS 87.228 and 87.700 to 87.736, the court shall, upon entering judgment for the plaintiff, allow as a part of the costs all moneys paid for the filing […]
Section 87.730 – Expiration of lien for failure to bring timely foreclosure suit.
A lien created under ORS 87.705 expires unless suit to foreclose the lien is brought in an appropriate court no later than the 45th day after the date final payment to the agricultural producer is originally due or, if the producer extends the lien by filing a notice of lien under ORS 87.710, no later […]
Section 87.735 – Filing certificate of lien satisfaction upon payment for produce; liability of producer for failure to discharge lien.
(1) When an agricultural producer receives full payment for agricultural produce, if the producer has filed a notice under ORS 87.710 (2) to extend a lien or under ORS 87.725 to foreclose a lien, the producer shall file with the Secretary of State a certificate declaring that full payment has been received from the purchaser […]
Section 87.736 – Form of notices filed under ORS 87.710 and certificates filed under ORS 87.735; fees for filing and for furnishing copies.
(1) Notices filed with the Secretary of State under ORS 87.710 and certificates filed with the Secretary of State under ORS 87.735 must be in a form prescribed by the Secretary of State. The Secretary of State shall include the notices and certificates in the index maintained by the secretary for filing financing statements pursuant […]
Section 87.740
[1973 c.647 §10; 1983 c.740 §7; 1999 c.612 §5; 2001 c.301 §16; renumbered 87.228 in 2001]
Section 87.705 – Agricultural produce lien; date lien attaches.
(1) An agricultural producer that delivers or transfers agricultural produce for consideration to a purchaser has a lien for the contract price of that produce, or for the reasonable value of the produce if there is no contract price. The lien created by this section attaches to all agricultural produce, whether in a raw or […]
Section 87.710 – Filing notice of lien; duration of lien; contents of notice; notice to secured parties; effect of failure to give notice to secured parties.
(1) A lien created under ORS 87.705 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, […]
Section 87.715 – Priority.
Except for tax liens, and except as provided in ORS 87.146 (1)(c) and 87.710 (4), the class of lien created by ORS 87.705 is prior and superior to all other classes of lien or any classes of security interest in the inventory, proceeds or accounts receivable of a purchaser, without regard to whether those other […]
Section 87.700 – Definitions for ORS 87.228 and 87.700 to 87.736.
As used in ORS 87.228 and 87.700 to 87.736, unless the context otherwise requires: (1) “Agricultural produce” means horticultural products, viticultural products, fruit, berries, vegetables, hops, mint oil, hazelnuts or other nuts, dairy products, bee products, vermiculture products, hay or straw baled and prepared for market, meat animals and Christmas trees as defined in ORS […]