Chapter 46 Small Claims Department of Circuit Court

Except as provided in subsection (6) of this section, each circuit court shall have a small claims department. Except as provided in this section, all actions for the recovery of money, damages, specific personal property, or any penalty or forfeiture must be commenced and prosecuted in the small claims department if the amount or value claimed in the actio…

46.410 [Amended by 1959 c.326 §1; 1965 c.569 §1; 1969 c.683 §1; repealed by 1971 c.760 §11]

46.415 Circuit judges to sit in department; procedure

The judges of a circuit court shall sit as judges of the small claims department. No formal pleadings other than the claim shall be necessary. The hearing and disposition of all cases shall be informal, the sole object being to dispense justice promptly and economically between the litigants. The parties shall have the privilege of offering evidence and te…

46.420 [Repealed by 1971 c.760 §11]

46.425 Commencement of actions; contents of claim

An action in the small claims department shall be commenced by the plaintiff’s filing with the clerk of the court a claim in the form prescribed by the court. The claim shall: Contain the name and address of the plaintiff and of the defendant, followed by a plain and simple statement of the claim, including the amount and the date the claim allegedly accru…

46.430 [Repealed by 1971 c.760 §11]

46.435 [1971 c.760 §5; 1973 c.393 §2; 1977 c.875 §3; 1979 c.567 §2; repealed by 1979 c.833 §36]

46.440 [Repealed by 1971 c.760 §11]

46.441 Explanation to plaintiff of how notice may be served

The small claims department of a circuit court shall provide to each plaintiff who files a claim with the department a written explanation of how notice may be served in actions in the department.

46.445 Notice of claim; content; service

Upon the filing of a claim in the small claims department of a circuit court, the clerk shall issue a notice in the form prescribed by the court. The notice shall be directed to the defendant, naming the defendant, and shall contain a copy of the claim. The notice and claim shall be served upon the defendant either in the manner provided for the service of…

46.450 [Repealed by 1971 c.760 §11]

46.455 Admission or denial of claim; request for jury trial

Within 30 days after the date of service of the notice and claim upon the defendant as provided in ORS 46.445: If the defendant admits the claim, the defendant may settle it by: Paying to the plaintiff the amount of the claim plus the amount of all filing fees and service expenses paid by the plaintiff and mailing proof of that payment to the court. If th…

46.458 [1995 c.455 §2; 1995 c.618 §15b; repealed by 1997 c.46 §1]

46.460 [Amended by 1965 c.619 §24; 1969 c.683 §2; repealed by 1971 c.760 §11]

46.461 Counterclaims; fee; transfer of case to circuit court

The defendant in an action in the small claims department may assert as a counterclaim any claim that, on the date of issuance of notice pursuant to ORS 46.445, the defendant may have against the plaintiff and that arises out of the same transaction or occurrence that is the subject matter of the claim filed by the plaintiff. If the amount or value of the c…

46.465 Time and place of hearing; notice; procedure if right to jury trial asserted; attorney fees

If the defendant demands a hearing in the small claims department, under the direction of the court the clerk shall fix a day and time for the hearing and shall mail to the parties a notice of the hearing time in the form prescribed by the court, instructing them to bring witnesses, documents and other evidence pertinent to the controversy. If the defendant…

46.470 [Amended by 1963 c.248 §1; repealed by 1971 c.760 §11]

46.475 Additional time for appearances; default and dismissal

Upon written request, the court may extend to the parties additional time within which to make formal appearances required in the small claims department of a circuit court. If the defendant fails to pay the claim, demand a hearing, or demand a jury trial and comply with ORS 46.465 (3)(c), upon written request from the plaintiff the clerk shall enter a judg…

46.480 [Amended by 1969 c.683 §3; repealed by 1971 c.760 §11]

46.485 Extent and effect of small claims judgment

In addition to any other award, the prevailing party shall be entitled to a judgment for the small claims filing fees and service expenses paid by the party and the prevailing party fee provided for in ORS 20.190 (1)(c) or (2)(b). The prevailing party may also be awarded prevailing party fees under ORS 20.190 (3). The award shall be paid or the property deli…

46.488 Lien effect of small claims judgments

A judgment creditor may not create a judgment lien for a judgment entered in the small claims department of a circuit court if the money award is less than $10, exclusive of costs and disbursements. A judgment creditor may create a judgment lien for a judgment entered in the small claims department of a circuit court in an amount of $10 or more and less than…

46.490 [Repealed by 1971 c.760 §11]

46.495 [1979 c.567 §4; repealed by 1981 c.883 §1]

46.500 [Amended by 1969 c.683 §4; repealed by 1971 c.760 §11]

46.505 [1969 c.683 §6; repealed by 1971 c.760 §11]

46.510 [Repealed by 1971 c.760 §11]

46.520 [Amended by 1969 c.683 §7; repealed by 1971 c.760 §11]

46.530 [Repealed by 1971 c.760 §11]

46.540 [Amended by 1969 c.683 §8; repealed by 1971 c.760 §11]

46.550 [Repealed by 1981 s.s. c.3 §141]

46.560 Where action to be commenced and tried

Except as provided in subsections (2) and (3) of this section, all actions in small claims department shall be commenced and tried in the county in which the defendants, or one of them, reside or may be found at the commencement of the action. When an action is founded on an alleged tort, it may be commenced either in the county where the cause of action ar…

46.570 Fees

The small claims department of a circuit court shall collect the following filing fees from the plaintiff when a claim is filed in the court, and from the defendant when the defendant demands a hearing: $57, when the amount claimed is $2,500 or less; and $102, when the amount is more than $2,500.

46.632 [1959 c.559 §5; 1961 c.628 §1; 1963 c.487 §1; 1965 c.171 §2; 1967 c.38 §2; 1969 c.365 §2; 1971 c.642 §2; repealed by 1995 c.658 §127]

46.800 [1977 c.876 §10 (enacted in lieu of 156.610, 156.620, 156.640 and 156.650); 1981 s.s. c.3 §103; 1983 c.763 §43; 1985 c.565 §6; 1987 c.905 §4; repealed by 1995 c.658 §127]

46.810 [Formerly 157.081; repealed by 1995 c.658 §127]

_______________ CHAPTERS 47 TO 50 [Reserved for expansion]