Costs and attorney fees
Whenever any claim has been excepted to under ORS 652.540 (Exception to claim) and the claim is established by judgment and the court rendering the judgment is satisfied that the exceptions were made without probable cause or that the person so excepting could have ascertained with reasonable diligence that such claim was true and just, the claimant in such action shall be entitled to have the costs of such action, and such sum as the court may adjudge reasonable as attorney fees at trial and on appeal, enforced by execution against the person objecting as a judgment debtor in the first instance. However, if the court does not so find, or if execution, when issued, is returned nulla bona, then in either case such costs and attorney fees shall be ordered paid out of the proceeds of the property sold next after the payment of all claims presented under ORS 652.510 (Payment of wage claims by receivers, assignees or court) to 652.570 (Priority of wage claims over transfers in payment of preexisting obligations). [Amended by 1981 c.897 §89]
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