Small Claim Instructions (Page 5 of 8) in pdf

b. If the defendant is not an individual (for example, a business or public agency),

then the earlier of:

(if mailed to an Oregon address) 3 days after you put the first class

mailing in the mail or

ii. (if mailed outside of Oregon) 7 days after you put the first class mailing

in the mail

**An original proof of service must be filed with the court for your case to proceed. If proof of

service is not received within the time set by the court where you file, your case may be

dismissed after written notice to you. See the court’s

Supplemental Local Rules

or call the court

for the time limit.

THE DEFENDANT CAN …

Pay the Claim within 14 days of receiving service. This includes your court fees and costs.

Payment should come directly to you. Defendant may provide proof to the court that the claim is

paid, and you may file a notice with the court to dismiss your claim. You are free to settle with the

defendant for any amount at this point. If you are suing to return property, the defendant can

return the property to you.

Deny the Claim – A defendant who does not agree with any part of your claim can file a

response within 14 days of service denying the claim and requesting a hearing or jury trial.

Defendants may also file claims against you called “counter-claims.” Counter-claims must be

related to the transaction or event that your claim is about. Jury trials are available only if the

amount of either the claim or counterclaim is over $750.

If the defendant denies the claim, you will be notified by mail of the date and time to appear for a

hearing. If you cannot appear at the time set, you must give a good reason in writing to the court at

least 14 days before the hearing date.

If the defendant demands a jury trial, you must file a formal complaint within 20 days after the

court sends you notice to do so. If you don’t, the case will be dismissed and you may have to pay the

defendant’s fees plus a prevailing party fee. Be aware that additional fees will be due from you. You

should see a lawyer. The court does not provide forms or samples of formal complaints.

IF THE DEFENDANT DOES NOT RESPOND

If the defendant does not file a response within 14 days of the date of service, you can ask the court

to grant you a default judgment. This means that you win because the defendant did not respond.

You must file a request for default judgment with the court within a certain number of days from

the date of service, or your case may be dismissed after written notice to you. You may have to re-

file your claim and pay filing fees again if this happens. See the court’s Supplemental Local Rules,

or contact the court for time limits.

For public body defendants – you must send a notice of your intent to apply for default to the

defendant before filing for default. For state agencies you must also send a copy of the notice to the

Attorney General. The court cannot issue a default less than 10 days from the day you serve the

notice on the defendant (and the Attorney General if necessary). You must formally serve this

notice according to Oregon Rule of Civil Procedure 9. You must also file a proof of service with the

court.

SCA_ Small Claims – Petitioner’s Instructions

Effective 8-2-2012

Page 5 of 8

Small Claim Instructions Page 5

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