55.010 [Amended by 1955 c.44 §1; 1959 c.326 §2; repealed by 1963 c.404 §1 (55.011 enacted in lieu of 55.010)]repealed
No operative statutory text appears at this designation in the selected edition.
Oregon Revised Statutes
Chapter 55 — Small Claims
21 sections55.011 Small claims department; jurisdiction
Except as provided in subsection of this section, in each justice court created under any law of this state there shall be 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 …
55.020 Commencement of action
An action in the small claims department shall be commenced by the plaintiff filing a claim with the clerk of the court in the form prescribed by the justice of the peace along with the fee prescribed by ORS 51.310 (1)(c).
55.030 Contents of claim
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 date the claim allegedly accrued. The claim shall include an affidavit signed by the plaintiff or a declaration under penalty of perjury as described in ORCP 1 E, attesting to or declaring the acc…
55.040 Verification and prosecution of claim
All claims shall be verified by the real party in interest, the agent or assignee of the party. Any claim may be filed and prosecuted in the small claims department by such agent or the assignee of the cause of action upon which recovery is sought.
55.045 Notice of claim; content; service
Upon the filing of a claim, the court 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. If the amount or value claimed is $50 or more, the notice and claim shall be served upon the defendant in the manner provided for the service of summons a…
55.050 [Amended by 1965 c.619 §28; 1977 c.875 §12; 1981 s.s. c.3 §95; 1987 c.829 §2; repealed by 1989 c.583 §11]repealed
No operative statutory text appears at this designation in the selected edition.
55.055 Explanation to plaintiff of how notice may be served
The justice of the peace shall provide to each plaintiff who files a claim with the small claims department of the court of the justice of the peace a written explanation of how notice may be served in actions in the department.
55.060 [Amended by 1977 c.875 §13; repealed by 1989 c.583 §11]repealed
No operative statutory text appears at this designation in the selected edition.
55.065 Admission or denial of claim; request for jury trial
Within 14 days after the date of service of the notice and claim upon the defendant as provided in ORS 55.045: If the defendant admits the claim, the defendant may settle it by: Paying to the court the amount of the claim plus the amount of the small claims fee and service expenses paid by the plaintiff. The court shall pay to the plaintiff the amounts pai…
55.070 [Amended by 1957 c.6 §1; 1965 c.619 §29; 1973 c.393 §3; 1977 c.875 §14; 1977 c.877 §14a; 1979 c.284 §87; repealed by 1989 c.583 §11]repealed
No operative statutory text appears at this designation in the selected edition.
55.075 Time and place of hearing; procedure if right to jury trial asserted; fees
If the defendant demands a hearing in the small claims department of the court, the court 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 asserts a countercl…
55.077 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. If the defendant fails to pay the claim, demand a hearing or demand a jury trial, upon written request from the plaintiff, the court shall enter a judgment against the defendant for the relief claimed plu…
55.080 Formal pleadings unnecessary; issuance of attachment, garnishment or execution; costs of execution taxable
No formal pleading, other than the claim and notice, shall be necessary. The hearing and disposition of all actions shall be informal, the sole object being to dispense justice between the litigants promptly. No attachment, garnishment or execution shall issue from the small claims department on any claim except as provided in this chapter. A prevailing part…
55.090 Appearance by parties and attorneys; witnesses
Except as may otherwise be provided by ORS 55.040, no attorney at law nor any person other than the plaintiff and defendant shall become involved in or in any manner interfere with the prosecution or defense of the litigation in the department without the consent of the justice of the justice court, nor shall it be necessary to summon witnesses. But the plai…
55.095 Counterclaim; procedure; fee; transfer of jurisdiction
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 55.045, 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 of the countercla…
55.100 Payment of judgment
If the judgment is against a party to make payment, the party shall pay the same forthwith upon the terms and conditions prescribed by the justice of the peace.
55.110 Conclusiveness of judgment; appeal; costs and fees on appeal
The judgment of the court shall be conclusive upon the plaintiff in respect to the claim filed by the plaintiff and upon the defendant in respect to a counterclaim asserted by the defendant. The defendant may appeal if dissatisfied in respect to the claim filed by the plaintiff. The plaintiff may appeal if dissatisfied in respect to a counterclaim asserted b…
55.120 Form of appeal; bond; proceedings in circuit court; no further appeal
The appeal from the small claims department may be in the following form: __________________________________________ In the Circuit Court for County, Oregon. Plaintiff, vs. Defendant. Comes now , a resident of County, Oregon, and appeals from the decision of the small claims department of the justice court for District, County, Oregon, wherein a judgment for…
55.130 Enforcement of judgment when no appeal is taken; fees
If no appeal is taken by a party against whom a judgment to make payment is rendered and the party fails to pay the judgment according to the terms and conditions thereof, the justice of the peace before whom the hearing was had, may, on application of the prevailing party, certify the judgment in substantially the following form: ___________________________…
55.140 Separate docket for small claims department
Each justice of the peace shall keep a separate docket for the small claims department of the court of the justice of the peace, in which the justice of the peace shall make a permanent record of all proceedings, orders and judgments had and made in the small claims department.