Oregon Law
Law as of Jan 1, 2024
Chapter contents
55.010[Amended by 1955 c.44 §1; 1959 c.326 §2; repealed by 1963 c.404 §1 (55.011 enacted in lieu of 55.010)] 55.011Small claims department; jurisdiction 55.020Commencement of action 55.030Contents of claim 55.040Verification and prosecution of claim 55.045Notice of claim; content; service 55.050[Amended by 1965 c.619 §28; 1977 c.875 §12; 1981 s.s. c.3 §95; 1987 c.829 §2; repealed by 1989 c.583 §11] 55.055Explanation to plaintiff of how notice may be served 55.060[Amended by 1977 c.875 §13; repealed by 1989 c.583 §11] 55.065Admission or denial of claim; request for jury trial 55.070[Amended by 1957 c.6 §1; 1965 c.619 §29; 1973 c.393 §3; 1977 c.875 §14; 1977 c.877 §14a; 1979 c.284 §87; repealed by 1989 c.583 §11] 55.075Time and place of hearing; procedure if right to jury trial asserted; fees 55.077Additional time for appearances; default and dismissal 55.080Formal pleadings unnecessary; issuance of attachment, garnishment or execution; costs of execution taxable 55.090Appearance by parties and attorneys; witnesses 55.095Counterclaim; procedure; fee; transfer of jurisdiction 55.100Payment of judgment 55.110Conclusiveness of judgment; appeal; costs and fees on appeal 55.120Form of appeal; bond; proceedings in circuit court; no further appeal 55.130Enforcement of judgment when no appeal is taken; fees 55.140Separate docket for small claims department

Chapter 55 — Small Claims

ORS 55.045 Notice of claim; content; service

(1)

Upon the filing of a claim, the court shall issue a notice in the form prescribed by the court.

(2)

The notice shall be directed to the defendant, naming the defendant, and shall contain a copy of the claim.

(3)

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 and complaint in proceedings in the circuit courts.

(4)

If the amount or value claimed is less than $50, the notice and claim shall be served upon the defendant either in the manner provided for the service of summons and complaint in proceedings in the circuit courts or by certified mail, at the option of the plaintiff. If service by certified mail is attempted, the court shall mail the notice and claim by certified mail addressed to the defendant at the last-known mailing address of the defendant within the territorial jurisdiction of the court. The envelope shall be marked with the words “Deliver to Addressee Only” and “Return Receipt Requested.” The date of delivery appearing on the return receipt shall be prima facie evidence of the date on which the notice and claim was served upon the defendant. If service by certified mail is not successfully accomplished, the notice and claim shall be served in the manner provided for the service of summons and complaint in proceedings in the circuit courts.

(5)

The notice shall include a statement in substantially the following form:

__________________________________________

NOTICE TO DEFENDANT:

READ THESE PAPERS CAREFULLY!

Within 14 DAYS after receiving this notice you MUST do ONE of the following things: Pay the claim plus fees and service expenses paid by plaintiff OR Demand a hearing OR Demand a jury trial If you fail to do one of the above things within 14 DAYS after receiving this notice, then upon written request from the plaintiff, the court will enter a judgment against you for the amount claimed plus fees and service expenses paid by the plaintiff. If you have questions about this notice, you should contact the court immediately. __________________________________________

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.