Defendant'S Response printable pdf download

Instructions for Responding To a Small Claim

Mark your choice and return the Defendant's Response form (with the required fees) to the

court where the Plaintiff filed the claim. Go to for fee information. You

can mark both "Denial of Claim" and "Counterclaim," but if you pay the claim, do not mark any

other choice. PRINT CLEARLY! Write all names first, middle, last.

EACH defendant must file a separate response (except husband-wife or registered domestic

partners, who may file a joint response). Write in the Case Number at the bottom of each page.

If you have questions about procedures, contact the court clerk. The clerk cannot give you legal

advice. Courts accept credit and debit cards, cash, and check or money order made payable to

the State of Oregon.

Read the Following Carefully

Unless you complete and sign this form and file it with the clerk within 14 calendar days after

you received service, the plaintiff may request a default judgment against you for the amount

claimed plus filing fees, service costs, and a prevailing party fee.

If you do not send the proper fee payment, your response may be rejected and a default

judgment entered against you. A default judgment may allow the plaintiff to seize and sell your

property, garnish your wages, or seize funds from your bank account to satisfy the judgment. If

you are not able to pay the fees, you may file a Request for Fee Deferral or Waiver.

> If you are in the military you may be protected from default judgments by the

Servicemembers Civil Relief Act (50 ILS.C. App. § 501) - if you are unable to respond in

time because you are in active military service. The plaintiff may not get a default

judgment against you unless you waive your rights under this Act, leave the military, or

the judge holds a special hearing in your case. Speak to a legal advisor if you have

concerns or questions, or if you believe a default judgment has been entered against

you.

o If you choose to waive your rights so that the plaintiff can get a default

judgment, fill out the Waiver of Right to Stay of Proceedings.

> Talk to a legal advisor or call the state bar association (page 1). The rules about

whether you are covered by this law are very technical and complex. DO NOT rely on

your enlistment status to protect you.

1. Payment of Claim

Send payment directly to the plaintiff. You must pay within 14 days from the day you

receive the claim. Your payment must include filing fees and service fees that the plaintiff paid.

Fill out the Response and attach proof of your payment or return of property. There is no

additional filing fee for this.

2. Demand a Hearing

To demand a hearing you must enclose the "defendant's first appearance" fee. Small claim

hearings are informal. Both plaintiff and defendant may offer testimony and bring witnesses and

other evidence at the trial No attorneys may participate in the hearing without the judge's

permission. You cannot appeal a decision from small claims court.

Come prepared with any factual evidence, including contracts, receipts, photos, or other

evidence to dispute the plaintiff's claim.

3. Demand a Jury Trial

Defendant'S Response