Attorney Fees

ORS 20.180
Effect of tender as to costs

When in any action or suit for the recovery of money or damages only, the defendant shall allege in answer that before the commencement thereof the defendant tendered to the plaintiff a certain amount of money in full payment or satisfaction of the cause, and now brings the same into court and deposits it with the clerk for the plaintiff, if such allegation of tender is found true, and the plaintiff does not recover a greater sum than the amount so tendered, the plaintiff shall not recover costs from the defendant, but the defendant shall recover costs from the plaintiff. [Amended by 2005 c.22 §12]

Notes of Decisions

In suit to foreclose mechanic’s lien, where trial court denied foreclosure of lien but awarded plaintiff $200 and also awarded $1000 in attorney fees to defendant as “prevailing party” and on day of trial defendant paid into court sum of $200 for “extra” work, defendant was prevailing party entitled to recover costs under this section, including attorney fees as provided by ORS 87.060. Cloyd v. McPherson, 283 Or 137, 582 P2d 423 (1978)


Last accessed
Mar. 11, 2023