Oregon Statutes 652.560 – Costs and attorney fees
Whenever any claim has been excepted to under ORS § 652.540 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 to 652.570. [Amended by 1981 c.897 § 89]
Terms Used In Oregon Statutes 652.560
- 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.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.