Small Claim Instructions (Page 3 of 8) in pdf

 IF THE DEFENDANT USES AN ASSUMED BUSINESS NAME (dba) - LIKE A

PARTNERSHIP

Name all the partners that you know of “dba (doing business as) [the business name]” as

defendants. You must serve each partner (also called a “party of interest” or “owner”) with a copy of

the claim and a Response form.

John Way & Carol Smith

Be sure you clearly show where

dba WAY’S EASY PAY

each partner is to be served

654 6

Ave

Hillsboro, OR 97123

 IF THE DEFENDANT IS A COMPANY WITH AN ASSUMED BUSINESS NAME

The company name becomes the owner or party of interest, and you must serve the claim on the

Registered Agent of the company.

EASY PAY WAY, INC

Serve Registered Agent: John Brown

dba Way’s Easy Pay

711 Bank Building

654 6

Ave

Portland, OR 97225

Hillsboro, OR 97123

 IF THE DEFENDANT IS A PUBLIC BODY

“Public Body” is defined at Oregon Revised Statute

30.260

and means more than just government

agencies. Use the defendant’s full name. Do NOT use acronyms like “DOC” – spell out “Oregon

Department of Corrections.” Make sure you use the current name of the defendant. If the

defendant used a different name at the time of the event that you are suing about, then include a

note with the former name: “Current Agency Name (formerly Prior Agency Name).”

 IF THE PLAINTIFF IS A COMPANY

Follow the same rules about names if you are filing a claim for a business. If you are a company,

show your full corporation name as the plaintiff. If you are a partnership or a sole proprietorship,

name the owner or owners “dba [your assumed business name].”

FEES

The filing fee may be paid by cash, credit or debit card, or by check or money order made payable

to the State of Oregon. Go to

for filing fee information.

You must pay the service fee separately to your process server or servers (see below). If you use a

sheriff to serve defendants in different counties, write a separate check to the sheriff of each county

where a defendant will be served.

If you cannot pay the filing fee, you can fill out a Fee Deferral or Waiver Application and

Declaration. If your fees are waived you do not have to pay. If your fees are deferred you will have

to pay according to the court’s instructions.

HOW DO YOU “SERVE” THE OTHER PARTY?

The plaintiff must officially notify all defendants that a case has been filed. This is known as service.

Important Note: If you are suing the Department of Corrections or any other state agency, you

MUST serve BOTH the agency and the

Attorney

General. You must also send copies of anything

you file to the Attorney General (see below for information about service).

Acceptance of Service – You can ask the defendant to sign an Acceptance of Service form as

an alternative to formal service. The defendant can accept the claim and other papers from you and

sign the form to prevent having a sheriff or process server perform service. Signing the

SCA_ Small Claims – Petitioner’s Instructions

Effective 8-2-2012

Page 3 of 8

Small Claim Instructions Page 3

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