71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2381
 
LC 1255/HB 2381-2
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2381
 
                    By COMMITTEE ON JUDICIARY
 
                            April 24
 
  On page 1 of the printed bill, line 2, delete '20.098,'.
  In line 3, delete '30.701,'.
  Delete lines 5 through 25 and insert:
  '  { +  SECTION 1. + }  { + (1) As used in this section,
'contract' includes all express or implied contracts and
instruments or documents evidencing a debt.
  ' (2) Except as provided in this section, a court shall allow
reasonable attorney fees to the prevailing party on any claim
based on contract if:
  ' (a) The amount of the principal together with interest due on
the contract at the time the claim is filed is $5,500 or less;
and
  ' (b) The contract does not contain a clause that authorizes or
requires the award of attorney fees.
  ' (3) Attorney fees may not be awarded to a plaintiff under the
provisions of this section unless written demand for payment of
the claim was made on the defendant not less than 10 days before
the commencement of the action or the filing of a formal
complaint under ORS 46.465, or not more than 10 days after the
transfer of the action under ORS 46.461. The failure of a
plaintiff to give notice under the provisions of this subsection
does not affect the ability of a defendant to claim attorney fees
under the provisions of this section.
  ' (4) Attorney fees may not be awarded to a plaintiff under the
provisions of this section if the court finds that the defendant
tendered to the plaintiff, prior to the commencement of the
action or the filing of a formal complaint under ORS 46.465, or
not more than 10 days after the transfer of the action under ORS
46.461, an amount not less than the amount awarded to the
plaintiff.
  ' (5) The provisions of this section do not apply to:
  ' (a) Contracts for insurance;
  ' (b) Contracts for which another statute authorizes or
requires an award of attorney fees;
  ' (c) Any action for damages for breach of an express or
implied warranty in a sale of consumer goods or services that is
subject to ORS 20.098; or
  ' (d) Any action against the maker of a dishonored check that
is subject to ORS 30.701. + }
  '  { +  SECTION 2. + } ORS 20.080 is amended to read:
  ' 20.080. (1) In any action for damages for an injury or wrong
to the person or property, or both, of another where the amount
pleaded is $5,500 or less, and the plaintiff prevails in the
action, there shall be taxed and allowed to the plaintiff, at
trial and on appeal, a reasonable amount to be fixed by the court
as attorney fees for the prosecution of the action, if the court
finds that written demand for the payment of such claim was made
on the defendant not less than 10 days before the commencement of
the action or the filing of a formal complaint under ORS 46.465,
or not more than 10 days after the transfer of the action under
ORS 46.461. However, no attorney fees shall be allowed to the
plaintiff if the court finds that the defendant tendered to the
plaintiff, prior to the commencement of the action or the filing
of a formal complaint under ORS 46.465, or not more than 10 days
after the transfer of the action under ORS 46.461, an amount not
less than the damages awarded to the plaintiff.
  ' (2) If the defendant pleads a counterclaim, not to exceed
$5,500, and the defendant prevails in the action, there shall be
taxed and allowed to the defendant, at trial and on appeal, a
reasonable amount to be fixed by the court as attorney fees for
the prosecution of the counterclaim.
  '  { +  (3) The provisions of this section do not apply to any
action based on contract. + } ' .
  In line 26, delete '2' and insert '3'.
  On page 2, line 21, delete '3' and insert '4'.
  Delete lines 32 through 45.
  On page 3, delete lines 1 through 43.
  In line 44, delete '6' and insert '5'.
  On page 4, line 20, delete 'ORS 20.080' and insert ' section 1
of this 2001 Act'.
  In line 26, delete '7' and insert '6'.
  On page 5, line 3, delete 'ORS 20.080' and insert 'section 1 of
this 2001 Act'.
  In line 13, delete '8' and insert '7'.
  In line 14, delete 'ORS 20.080' and insert 'section 1 of this
2001 Act'.
  In line 23, delete '9' insert '8'.
  On page 6, line 5, delete '10' and insert '9' and before ' The'
insert 'Section 1 of this 2001 Act and' and delete ' 20.098,
30.701,'.
  In line 6, delete '1 to 9' and insert '2 to 8'.
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