Small Claims Department Form (Page 2 of 2) in pdf

SMALL CLAIMS DEFENDANT’S INSTRUCTIONS

LINN COUNTY CIRCUIT COURT

READ THE FOLLOWING INFORMATION CAREFULLY: UNLESS YOU CHECK ONE OF THE ALTERNATIVES LISTED ON DEFENDANTS ANSWER

AND FILE THE ANSWER WITH THE COURT, ALONG WITH THE NECESSARY FEES (in some cases, fees may be deferred-see front of this form),

WITHIN 14 CALENDAR DAYS AFTER SERVICE OF THE NOTICE OF CLAIM ON YOU, THE PLAINTIFF MAY REQUEST A DEFAULT JUDGMENT. THE

PLAINTIFF MAY THEN REQUEST THAT PROPERTY OWNED BY YOU BE TAKEN OR LEVIED AGAINST TO SATISFY THIS JUDGMENT.

THE CLERK CANNOT GIVE YOU LEGAL ADVICE OR COMPLETE FORMS. For legal service, consult an attorney (the Oregon State BAR lawyer

referral service telephone 1-800-452-7636).

Small claims proceedings are governed by Oregon Revised Statutes (ORS) 46.405 through 46.570. Forms for the proceedings are available in Room 107 of

the Linn County Courthouse.

PAYMENT OF CLAIM:

1) If you admit owing the claim: you must make payment in full, including costs, to the Plaintiff (payment plans are between you and the plaintiff). Submit

proof of payment to the Court.

2) If the claim is for specific property, you must make arrangements to deliver the property to the Plaintiff. Submit proof of delivery to the Court.

DEMAND FOR A HEARING:

1) If you believe that you do not owe all or any portion of this claim, you may demand a hearing before a Judge of the Linn County Circuit Court. You must

enclose the defendant’s fee as follows: if the amount claimed is $2500 or less, the fee is $53.00; if the amount claimed exceeds $2500, the fee is $95.00. DO

NOT SEND CASH make checks or money orders payable to the State of Oregon. (In some situations, fees may be deferred--see front of this form.)

2) The Court will mail you a notice indicating the date and time of mediation orientation. If not resolved in mediation, case will be set for a hearing.

3) The hearing is informal. Both the Plaintiff and the Defendant may offer testimony, bring witnesses and other evidence pertinent to the controversy. No

attorney may appear with either party without prior approval of the Court.

COUNTERCLAIM:

You may file a counterclaim against the Plaintiff if you believe that he/she owes you money or holds specific personal property of yours as part of the same

controversy. If the counterclaim is $10,000 or less, it will be heard at the same hearing. A counterclaim greater than $10,000 is a circuit court civil matter

and cannot be processed as a small claim. It is recommended that you consult with an attorney for more information on processing civil matters.

NOTE: THERE IS NO APPEAL FROM A DECISION IN THE SMALL CLAIMS DEPARTMENT.

DEMAND FOR A JURY TRIAL:

1) If the Plaintiff’s claim is for more than $750, you may demand a jury trial. You must file this Answer with the Court along with the circuit court fees of $158.

2) The Plaintiff will be notified of your selection. The Plaintiff has 20 calendar days to file a formal civil Complaint with the Court. If no Complaint is filed

within 20 days, the Court will dismiss the case.

3) If a Complaint is filed by the Plaintiff, the amount requested is not limited to the amount of the Small Claim, but must involve the same controversy as the

original claim. The new Complaint is processed as a circuit court civil case and subject to civil case procedures.

4) A copy of the Complaint will be served on you by mail. You have 10 calendar days from the time the Complaint would be delivered to you in due course

mail in which to answer the action. Further instructions will be noted on the Summons you will receive if a Complaint is filed.

For additional information you may contact the Oregon State BAR on-line at or at 1-800-452-4776. For procedural questions,

you may contact the Clerk of the Court. For legal advice, consult an attorney. ***Fees are subject to change. Contact the court or refer to the Court’s web

page for current fees at

LINN COUNTY CIRCUIT COURT-SMALL CLAIMS DEPARTMENT

Telephone: (541)967-3845

PO BOX 1749 (300 SW 4

, Room 107)

ALBANY, OR 97321-0491