Title 147 · ORS Chapter 147
to or on behalf of an applicant or recipient.
Citation: ORS 147.367
Section: 147.367
147.367 to or on behalf of an applicant or recipient.
����� (3) �Claim� means a claim of an applicant or recipient for damages for injuries against an assailant or any other person or entity alleged to be liable for the injury constituting the basis for the claim.
����� (4) �Compromise� means a compromise between an applicant or recipient and an assailant or any other person or entity against whom the applicant or recipient has a claim.
����� (5) �Judgment� means a judgment in an action brought by an applicant or recipient to enforce the claim of the applicant or recipient.
����� (6) �Recipient� means a person who has received assistance.
����� (7) �Settlement� means a settlement between an applicant or recipient and an assailant or any other person or entity against whom the applicant or recipient has a claim. [2005 c.383 �2]
����� 147.283 Notice to Department of Justice of claim or action to enforce claim for injuries. An applicant or recipient shall promptly provide written notice to the Department of Justice when making a claim or bringing an action to enforce a claim for injuries that formed the basis for assistance. The notice must include the name and address of the assailant and of any other person or entity against whom the claim is made or action is brought. If the claim is made or the action is brought against a corporation, the notice must contain the address of the corporation�s principal place of business. If the applicant or recipient is a minor, the parents, legal guardian or foster parent of the applicant or recipient shall give the notice required by this section. [2005 c.383 �3]
����� 147.285 Creation of lien. The Department of Justice has a lien upon the amount of any judgment in favor of the applicant or recipient and upon any amount payable to the applicant or recipient under a settlement or compromise for all assistance from the date of the injury that forms the basis of the assistance to the date of the satisfaction of the judgment or final payment under the settlement or compromise. [2005 c.383 �4]
����� 147.287 Perfection of lien. (1) In order to perfect a lien under ORS 147.285, the Department of Justice shall do all of the following:
����� (a) Upon receiving notice under ORS 147.283, record a notice of lien in the County Clerk Lien Record of the county in which the person against whom the claim is made or action is brought resides. If the claim or action is against a corporation, the department shall record the notice of lien in the County Clerk Lien Record of the county in which the corporation has its principal place of business. If the claim or action is against a public body, as defined in ORS 174.109, the department shall record the notice of lien in the County Clerk Lien Record of the county in which the public body has its main office.
����� (b) Prior to the date of the satisfaction of the judgment or final payment under a settlement or compromise, deliver a copy of the notice of lien by certified mail or personal service to all parties bound by the judgment, settlement or compromise or to an attorney or insurer that represents a party bound by the judgment, settlement or compromise. The department may send the notice by first class mail to any party, attorney or insurer that does not accept the certified mail containing the notice.
����� (2) Upon the recording of a notice of lien under subsection (1)(a) of this section, the recording officer shall enter the name of the injured person, the approximate date of the injury and the name of the department as a lienor in the lien docket under ORS 87.575 and shall make an index to the lien docket in the names of the injured person and the department. [2005 c.383 �5; 2014 c.45 �27]
����� 147.289 Notice of lien; form. The form of the notice of lien required by ORS 147.287 shall be substantially as follows:
______________________________________________________________________________
�����
Notice is given by this form that the Department of Justice has provided assistance to ____________, a person who was injured on or about the ___ day of ______ in the city of ______ and State of ______, and the Department of Justice asserts a lien to the extent provided in ORS 147.285 for the amount of the assistance upon any amount due and owing ________ (name of injured person) under a judgment, settlement or compromise from ______ alleged to have caused such injuries and from any other person or entity liable for the injury or obligated to compensate the injured person on account of such injuries.
Department of Justice
by ____________,
Attorney General or designee.
State of Oregon,��������� )
����� )���� ss.
County of ______������ )
����� I, ____________, being first duly sworn on oath say: That I am the Attorney General or designee; that I have read the foregoing notice of lien and know the contents of the notice of lien and believe the contents to be true.
____________
����� Subscribed and sworn to before me this ___ day of ______, ______.
____________, Notary Public.
______________________________________________________________________________ [2005 c.383 �6]
����� 147.290 [Amended by 1961 c.389 �1; renumbered 133.857]
����� 147.292 Notice of amount of judgment, settlement or compromise. Immediately after a judgment has been rendered in favor of an applicant or recipient or a settlement or compromise has been agreed upon, all parties bound by the judgment, settlement or compromise shall provide written notice to the Department of Justice of the amount of the judgment, settlement or compromise. After receiving the notice, the department shall send by certified mail a statement of the amount of its lien to all parties bound by the judgment, settlement or compromise or to an attorney or insurer that represents a party bound by the judgment, settlement or compromise. The department may send the statement by first class mail to any party, attorney or insurer that does not accept the certified mail containing the statement. [2005 c.383 �7]
����� 147.294 Liability of person making payment after notice of lien is recorded. After a notice of lien is recorded under ORS 147.287, a person or entity that makes a payment to the applicant or recipient or to the heirs, personal representatives, assigns or attorneys of the applicant or recipient under a judgment, settlement or compromise without first having paid to the Department of Justice the amount of the department�s lien is liable to the department for the amount of the payment to the extent that the lien attached to the payment under ORS 147.285. [2005 c.383 �8]
����� 147.296 Action for failure to provide notice. The Department of Justice has a cause of action against an applicant or recipient who fails to give the notice required by ORS 147.283 for amounts received by the applicant or recipient pursuant to a judgment, settlement or compromise to the extent that the department would have had a lien under ORS