(1) If any claim in an amount of more than $200 is filed with the Director of the Department of Consumer and Business Services against a debt consolidating agency under ORS 697.782, the debt consolidating agency may remove the claim from the director’s determination by filing within 20 days of the debt consolidating agency’s receipt of notice of the claim, a request with the director to remove the claim.
(2) Upon receipt of a request to remove a claim under subsection (1) of this section, the director shall:
(a) Discontinue hearings procedures under ORS 697.782; and
(b) Notify the person filing the claim that the director cannot determine the claim but that the person may file the claim in an appropriate court of this state.
(3) Except as provided in subsection (4) of this section, the court may award reasonable attorney fees to the prevailing party in an action on a claim removed from the director under this section.
(4) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (3) of this section if the action removed from the director under this section is maintained as a class action pursuant to ORCP 32.
(5) The director shall provide a debt consolidating agency with notice of rights and liabilities under this section when the director gives the debt consolidating agency notice of a claim filed against the debt consolidating agency under ORS 697.782.
(6) A person whose claim is removed from the director under this section does not have a claim filed with the director for purposes of establishing priority under ORS 697.812. [1983 c.17 §21; 1995 c.696 §47]
Section: Previous 697.772 697.775 697.780 697.782 697.783 697.785 697.790 697.792 697.802 697.810 697.812 697.820 697.822 697.825 697.830 NextLast modified: August 7, 2008