Small Claim Instructions (Page 4 of 8) in pdf

Acceptance of Service does not mean the defendant agrees with anything in your claim, only

that he or she received the papers. NOTE: this is NOT required.

If the defendant does not want to sign the Acceptance of Service, you must use another method.

There are four ways you can serve a defendant after you file your claim:

NOTE: Serving Public Bodies – If you are suing the state, use personal service to serve the

Attorney General. Or your server can leave the papers with a deputy, assistant, or clerk at the

Attorney General’s office. For any other public body, you can use personal service or office service

on an officer, director, managing agent, or lawyer for the defendant. If you are suing any state

agency, you must also serve all papers on the state Attorney General.

1. Personal Service:

a. By Process Server: Take a copy of the claim to the sheriff’s office in the county where the

defendant is located and have a sheriff’s officer serve the defendant. The sheriff’s office

charges a fee for service. You can also hire a private process server of your choice.

b. By a Non-Party: Have a competent* person 18 years or older who is a resident of Oregon

and who is neither a party to the case (plaintiff or defendant), nor the lawyer of a

party, serve the defendant. If you have safety concerns, have the sheriff serve the

defendant. The server cannot be an employee or director/ officer of any defendant. If

the defendant is not in Oregon, the process server can be a resident of the state where

the defendant is.

*competent means a person who can understand, remember, and tell others about an event.

A Certificate of Service must be filed with the court by whoever serves the

defendant, including the date of service and the name of the person served.

2. Substituted Service: The process server may leave the notice at the defendant’s residence

(where the defendant normally lives) with someone 14 or older who lives there. A copy of

the claim (with a statement of the date, time, and place that the papers were served) must

also be mailed to the defendant by first class mail. Your process server can do this and mark

the appropriate box on the Certificate of Service. If you do the mailing, you must file a

Certificate of Service Mailing with the court. The date of service is the day you put the

first class mailing in the mail.

3. Office Service: The process server may leave the papers with someone in charge of the

defendant’s office or normal workplace. A copy of the claim (with a statement of the date,

time, and place that the papers were served) must also be mailed to the defendant by

regular first class mail. Your process server can do this and mark the appropriate box on the

Certificate of Service. If you do the mailing, you must file a Certificate of Service

Mailing with the court. The date of service is the day you put the first class mailing in the

mail.

1. By Mail: You must do TWO things to serve by mail. First, send the claim to each

defendant’s home or business address by first class mail. Second, send a copy by certified

mail, return receipt requested, Restricted Delivery (delivery only to the addressee). You

must file proof of service with the court, including the signed green card, date of receipt

and item number along with a Certificate of Service. Fill out section (d) – “Service by

Mail.” If you do not receive the green card back, or if someone other than the defendant

signed for it, service by mail was not effective and you must try another type of service. The

date of service is:

a. If the defendant is an individual, the day the defendant signs the green receipt

card

SCA_ Small Claims – Petitioner’s Instructions

Effective 8-2-2012

Page 4 of 8

Small Claim Instructions Page 4

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