Small Claim Instructions (Page 6 of 8) in pdf

Fill out the Motion for Default Judgment & Defendant Status Declaration, and complete

a Small Claim General Judgment. File both with the court clerk. The prevailing party fee is

listed at ORS 20.190.

If you request more than 9% post-judgment annual interest, you must provide the court with a

copy of the contract at the time you request a Default Judgment.

You must provide a Declaration of Non-Military Service before the court can order a default

judgment. This is part of the Motion for Default Judgment. If the defendant is in active

military service, you cannot get a default judgment unless the servicemember has waived

protection under the Servicemember’s Civil Relief Act. This federal law starts at 50 U.S.C. App 501.

Your local law librarian can help you find it, or go to

(under Legal

Resources click U.S.Code, then click Appendix to Title 50). This law has strict rules about what

“active military service” means, and it covers servicemembers’ spouses and children if they are

affected by the defendant’s service. This protection does not apply to all servicemembers at all

times.

If the defendant is in the military, you should see a lawyer before trying to get a default judgment.

If a default is not done properly, the defendant can re-open the case after returning from service.

Be aware that if you knowingly make false statements about the defendant’s status, you may face

both federal and state penalties.

If you know the defendant is not in the military, you must state facts that explain how you know.

Some things that are not supporting facts are: he has long hair, he has problems with authority, she

does drugs, she’s too old, or he is not a U.S. citizen.

If you have the defendant’s Social Security Number and date of birth, you can go to the Department

of Defense’s website at

to find out if the defendant is

in active service. This site can give you a free statement of service status that you can print out

(called a “certificate of service” on the website). Attach this statement, or a printout of the screen

(by pressing the “print screen” button on your keyboard), to your motion. You can also call

571.372.1100 for military verification. Put the date and the name of the person you spoke with on

your motion. If you don’t have the Social Security Number or date of birth, commercial websites

may be able to provide information.

If you don’t know whether the defendant is in the military and have checked the website, or don’t

have the necessary information, mark “I am unable to determine whether this person is in military

service” and add any facts that you do know. The judge will decide whether to grant the default.

YOU ARE STRONGLY ADVISED TO TALK TO A LAWYER IF DEFENDANT IS IN THE

MILITARY! Contact the Oregon State Bar at the number above for help finding a lawyer.

* * * * *

The court will send you a notice telling you whether your default was granted.

MEDIATION

Many courts have mediation programs for small claims. Some may require mediation before a

judge will hear your case. If a defendant files a response denying the claim or making a

counterclaim against you, the court may schedule mediation for both parties. Mediation is

confidential.

This is an outside site maintained by Cornell University. The Oregon Judicial Department is not responsible for any

information on this site. Links many have moved.

SCA_ Small Claims – Petitioner’s Instructions

Effective 8-2-2012

Page 6 of 8

Small Claim Instructions Page 6

Related Articles

Related forms

Related Categories