Oregon Statutes 194.405 – Action for damages or injunction; attorney fees and costs; employers liability
In addition to other remedies provided by law:
Terms Used In Oregon Statutes 194.405
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Notary public: means an individual commissioned to perform a notarial act by the Secretary of State. See Oregon Statutes 194.215
- Person: means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity. See Oregon Statutes 194.215
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Oregon Statutes 194.215
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) A person injured by a violation of ORS § 194.350 may bring an individual action in an appropriate court to enjoin the violation and may also recover actual damages or $200, whichever is greater. The court or the jury, as the case may be, may award punitive damages and the court may provide such equitable relief as it deems necessary or proper. In addition to any other remedies awarded by the court, the prevailing party may be awarded attorney fees and costs and disbursements, at trial and on appeal.
(2) If the person has not brought a civil action under subsection (1) of this section, the Secretary of State or Attorney General may bring a civil action on behalf of a person injured by a violation of ORS § 194.350 to enjoin the violation and may also recover actual damages or $200, whichever is greater. The court may provide such equitable relief as it deems necessary or proper. In addition to any other remedies awarded by the court, the prevailing party may be awarded attorney fees and costs and disbursements, at trial and on appeal.
(3) An employer of a notary public is liable to the notary public for all damages recovered from the notary public as a result of a violation of any provision of this chapter or any rule adopted by the Secretary of State under this chapter that was coerced by threat of the employer, if the threat, such as that of demotion or dismissal, was made in reference to the particular notarial act that was the subject of the action.
(4) An action under this section must be commenced within six years after the cause of action has accrued. [2013 c.219 § 44 (enacted in lieu of 194.200)]
[Amended by 1963 c.428 § 1; repealed by 1977 c.404 § 2 (194.500 to 194.580 enacted in lieu of 194.410)]