Detailed Answer

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.

Under Oregon law, an affidavit of collection allows a person or business to claim personal property when statutory requirements are met. Proper validation and certification protect your right to collect and reduce the risk of legal challenges. Here are the key steps:

1. Verify Statutory Basis
   Identify the statute that authorizes an affidavit of collection. For abandoned personal property in a storage facility, see ORS 87.626: ors087.html#087.626. If you rely on a lien granted by contract (such as a repair shop lien), review ORS 87.228–87.234.
2. Draft the Affidavit
   Include these elements:
   • Your name, address, and contact information.
   • A clear description of the property: make, model, serial number, or other identifiers.
   • The basis for collection (e.g., unpaid storage fees from May 1 to June 30, 2023).
   • Dates of notice given to the property owner and lienholders, if required.
   • A statement that the facts are true under penalty of perjury under Oregon law.
3. Take the Oath Before a Notary
   Visit a commissioned notary public. Sign and swear to the affidavit in the notarys presence. The notary will complete a jurat under ORS 46.170: ors046.html#046.170, attach the notarial seal, and record the date of notarization.
4. Serve Required Notices
   If ORS 87.626 applies (storage facility scenario), send a certified letter at least 45 days before sale to:
   • The tenants last known address.
   • Any secured creditors listed in your records.

   Keep proof of mailing and delivery.

5. File or Record the Affidavit
   Some statutes require filing the affidavit with the county clerk where the property is stored or located. Check ORS 87.628 for storage liens. Pay any required recording fees.
6. Proceed with Collection or Sale
   After the notice period ends, you may take possession or sell the property at public auction. Follow the sale procedures in your governing statute. Retain records of sale, notices, and the affidavit in case of future disputes.

Helpful Hints

• Always confirm the correct statute for your scenario (storage liens vs. repair liens).
• Use precise descriptions and dates in your affidavit to avoid ambiguity.
• Retain copies of all notices, mailing receipts, and certified mail tracking information.
• Review county clerk requirements for recording affidavits in your jurisdiction.
• Consult an attorney if the property owner challenges your affidavit or sale.