Oregon Statutes 696.255 – Nonresident license equivalent to appointment of commissioner as agent for service of process; service on commissioner; fee
(1) The acceptance by a nonresident of a real estate license shall be considered equivalent to an appointment by the nonresident of the Real Estate Commissioner as the nonresident licensee’s true and lawful attorney, upon whom may be served any lawful summons, process or pleading in any action or suit against the nonresident licensee in any court of this state, arising out of any business done by the nonresident licensee as a real estate licensee in this state. The acceptance shall be considered equivalent to an agreement by the nonresident licensee that any summons, process or pleading so served shall be of the same legal force and validity as if served on the nonresident licensee personally in this state.
Terms Used In Oregon Statutes 696.255
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Summons: Another word for subpoena used by the criminal justice system.
(2) If it appears by the certificate of the sheriff of the county in which an action or suit has been filed against a nonresident licensee, that the defendant cannot be found in this state, service of any summons, process or pleading in the action or suit may be made by leaving a copy thereof, with a fee of $2, in the hands of the commissioner or in the commissioner’s office. Such service shall be sufficient and valid personal service upon the defendant; provided that:
(a) Notice of the service and copy of the summons, process or pleading is sent forthwith by registered mail or by certified mail with return receipt by the plaintiff or the plaintiff’s attorney to the defendant, at the most recent address furnished to the commissioner by the nonresident licensee or to the nonresident licensee’s last-known address; and
(b) The affidavit of the plaintiff or the plaintiff’s attorney of the mailing is appended to the summons, process or pleading and entered as a part of the return thereof.
(3) Notwithstanding any other provision of this section, personal service outside of the state in accordance with the statutes relating to personal service of summons outside of the state shall relieve the plaintiff from the mailing requirement under this section.
(4) Any summons served as provided in this section shall require the defendant to appear and answer the complaint within four weeks after receipt thereof by the commissioner.
(5) The fee of $2 paid by the plaintiff to the commissioner shall be taxed as costs in favor of the plaintiff if the plaintiff prevails in the action.
(6) The commissioner shall keep a record of each summons, process or pleading served upon the commissioner under this section, showing the day and hour of service. [1981 c.617 § 12a; 1989 c.532 § 9; 1991 c.249 § 62]
[1989 c.532 § 1; repealed by 2001 c.300 § 84]
[Repealed by 1977 c.649 § 53 and 1977 c.842 § 17]
[1989 c.532 2,3; repealed by 1999 c.470 § 4]