Actions and Suits in Particular Cases

ORS 30.136
Action to enforce right or remedy under Servicemembers Civil Relief Act


(1)

As used in this section and ORS 30.138 (Remedies for violation of Servicemembers Civil Relief Act), “servicemember” has the meaning given that term in 50 U.S.C. 3911 as in effect on May 8, 2009.

(2)

An action brought by a servicemember to enforce a right or remedy under 50 U.S.C. 3901 et seq. is not subject to court-ordered arbitration under ORS 36.400 (Mandatory arbitration programs) to 36.425 (Filing of decision and award) unless the parties to the action stipulate in writing to arbitration after the action is commenced.

(3)

In addition to the counties specified in ORS 14.080 (Venue for other actions), an action brought by a servicemember to enforce a right or remedy under 50 U.S.C. 3901 et seq. may be brought in the Oregon county where the servicemember resides or where the servicemember was a resident at the time of bringing the action.

(4)

Any contract term or provision providing for a choice of forum other than Oregon in an agreement entered into by a servicemember who resides in Oregon or is a resident of Oregon is voidable at the election of the servicemember. [2009 c.83 §1; 2019 c.13 §18]

Source

Last accessed
May 30, 2023