Chapter 947 Oregon Laws 1999

Session Law

AN ACT

SB 50

Relating to attorney fees; creating new provisions; and amending ORS 20.080.

Be It Enacted by the People of the State of Oregon:

SECTION 1. 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 [$4,000] $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 [$4,000] $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.

SECTION 2. (1) Except as provided in subsection (2) of this section, the amendments to ORS 20.080 by section 1 of this 1999 Act apply to all causes of action subject to ORS 20.080, whether arising before, on or after the effective date of this 1999 Act.

(2) The amendments to ORS 20.080 by section 1 of this 1999 Act do not apply to any cause of action for which an action was commenced before the effective date of this 1999 Act.

Approved by the Governor August 16, 1999

Filed in the office of Secretary of State August 16, 1999

Effective date October 23, 1999

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