ORS 194.405
Action for damages or injunction

  • attorney fees and costs
  • employer’s liability
In addition to other remedies provided by law:

(1)

A person injured by a violation of ORS 194.350 (Prohibited acts) 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 (Prohibited acts) 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)]

Source: Section 194.405 — Action for damages or injunction; attorney fees and costs; employer’s liability, https://www.­oregonlegislature.­gov/bills_laws/ors/ors194.­html.

194.205
Short title 194.215
Definitions 194.225
Authority to perform notarial act 194.230
Requirements for certain notarial acts 194.235
Personal appearance required 194.240
Identification of individual 194.245
Authority to refuse to perform notarial act 194.250
Signature if individual unable to sign 194.255
Notarial act in this state 194.260
Notarial act in another state 194.265
Notarial act under authority of federally recognized Indian tribe 194.270
Notarial act under federal authority 194.275
Foreign notarial act 194.277
Notarial act performed for remotely located individual 194.280
Certificate of notarial act 194.285
Short form certificates 194.290
Official stamp 194.295
Stamping device 194.300
Journal 194.305
Notification regarding performance of notarial act with respect to electronic records 194.315
Commission as notary public 194.325
Examination of notary public 194.340
Grounds to deny, revoke, suspend or condition commission of notary public 194.345
Database of notaries public 194.350
Prohibited acts 194.355
Validity of notarial acts 194.360
Rules 194.365
Application fee 194.370
Investigation of applicant 194.375
Protest of commercial paper 194.380
Record of protest 194.385
Powers of notary public connected with corporation 194.390
Disposition of records on vacancy in office 194.395
Recovery and disposition of fines 194.400
Fees for notarial acts 194.405
Action for damages or injunction 194.415
Attorney General to investigate or prosecute violation 194.425
Disposition of moneys 194.435
Uniformity of application and construction 194.440
Relation to Electronic Signatures in Global and National Commerce Act 194.800
Short title 194.805
Definitions 194.810
Applicability 194.815
Validity of unsworn declaration 194.820
Required medium 194.825
Form of unsworn declaration 194.830
Uniformity of application and construction 194.835
Relation to Electronic Signatures in Global and National Commerce Act 194.980
Civil penalties 194.985
Official Warning to Cease Violation 194.990
Criminal penalties
Green check means up to date. Up to date

Current through early 2024

§ 194.405’s source at oregon​.gov