ORS 20.082
Attorney fees for small contract claims

(1)

As used in this section, “contract” includes:

(a)

Express contracts;

(b)

Implied contracts; and

(c)

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 $10,000 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 20 days before the commencement of the action or the filing of a formal complaint under ORS 46.465 (Time and place of hearing), or not more than 20 days after the transfer of the action under ORS 46.461 (Counterclaims). 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 (Time and place of hearing), or not more than 20 days after the transfer of the action under ORS 46.461 (Counterclaims), 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 (Attorney fees and compensation of expert witnesses in certain proceedings for breach of warranty); or

(d)

Any action against the maker of a dishonored check that is subject to ORS 30.701 (Actions against maker of dishonored check). [2001 c.542 §1; 2005 c.22 §10; 2009 c.487 §5]

Source: Section 20.082 — Attorney fees for small contract claims, https://www.­oregonlegislature.­gov/bills_laws/ors/ors020.­html.

Notes of Decisions

Attorney fee entitlement is available for any qualifying claim based in contract, not only contracts that include principal and interest terms. McGarry v. Hansen, 201 Or App 695, 120 P3d 525 (2005), Sup Ct review denied

Where claims are not of type excluded, amounts “due on the contract” include damages for breach of warranty and breach of contract. McGarry v. Hansen, 201 Or App 695, 120 P3d 525 (2005), Sup Ct review denied

Where multiple claims for relief are based on same contract, trial court must aggregate those claims in determining whether to allow attorney fees. Carrillo v. City of Stanfield, 241 Or App 151, 255 P3d 491 (2011)

“Tender” means offer of payment coupled either with no conditions or only with conditions upon which tendering party has right to insist. Barber v. Green, 248 Or App 404, 273 P3d 294 (2012)

20.075
Factors to be considered by court in awarding attorney fees 20.077
Determination of prevailing party 20.080
Attorney fees for certain small tort claims 20.082
Attorney fees for small contract claims 20.083
Award of attorney fees under void contract, under unenforceable contract or to person who is not party to contract 20.085
Costs and attorney fees in inverse condemnation proceedings 20.094
Attorney fees in actions or suits in which discharge in bankruptcy asserted 20.096
Reciprocity of attorney fees and costs in proceedings to enforce contract 20.097
Attorney fees and costs where defendant prevails in certain proceedings to enforce contract 20.098
Attorney fees and compensation of expert witnesses in certain proceedings for breach of warranty 20.105
Attorney fees where party disobeys court order or asserts claim, defense or ground for appeal without objectively reasonable basis 20.107
Attorney and expert witness fees and other costs on claim of unlawful discrimination 20.115
Service expenses recoverable as costs and disbursements 20.120
Costs on review of decision of officer, tribunal, or court of inferior jurisdiction 20.125
Assessment of costs and attorney fees against attorney causing mistrial 20.130
Proceeding to which state or public corporation is party 20.140
State and certain public corporations not required to advance costs 20.150
Recovery of costs and disbursements when party represented by another 20.180
Effect of tender as to costs 20.190
Prevailing party fees 20.220
Appeal on attorney fees and costs 20.310
Costs and disbursements in Supreme Court or Court of Appeals 20.320
Statement of costs and disbursements 20.330
Costs and disbursements in cases of original jurisdiction 20.340
Contingent fee agreement
Green check means up to date. Up to date

Current through early 2024

§ 20.082’s source at oregon​.gov