2007 Oregon Code - Chapter 55 :: Chapter 55 - Small Claims
Chapter 55 — Small
Claims
2007 EDITION
SMALL CLAIMS
JUSTICE COURTS
55.011Â Â Â Â Â Â Small
claims department; jurisdiction
55.020Â Â Â Â Â Â Commencement
of action
55.030Â Â Â Â Â Â Contents
of claim
55.040Â Â Â Â Â Â Verification
and prosecution of claim
55.045Â Â Â Â Â Â Notice
of claim; content; service
55.055Â Â Â Â Â Â Explanation
to plaintiff of how notice may be served
55.065Â Â Â Â Â Â Admission
or denial of claim; request for jury trial
55.075Â Â Â Â Â Â Time
and place of hearing; procedure if right to jury trial asserted; fees
55.077Â Â Â Â Â Â Additional
time for appearances; default and dismissal
55.080Â Â Â Â Â Â Formal
pleadings unnecessary; issuance of attachment, garnishment or execution; costs
of execution taxable
55.090Â Â Â Â Â Â Right
of attorneys or persons not a party to appear; witnesses; disposition of
controversy; appearance by attorney not required for certain parties
55.095Â Â Â Â Â Â Counterclaim;
procedure; fee; transfer of jurisdiction
55.100Â Â Â Â Â Â Payment
of judgment
55.110Â Â Â Â Â Â Conclusiveness
of judgment; appeal; costs and fees on appeal
55.120Â Â Â Â Â Â Form
of appeal; bond; proceedings in circuit court; no further appeal
55.130Â Â Â Â Â Â Enforcement
of judgment when no appeal is taken; fees
55.140Â Â Â Â Â Â Separate
docket for small claims department
     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repealed by 1963 c.404 §1 (55.011 enacted in lieu of 55.010)]
     55.011
Small claims department; jurisdiction. (1) Except as provided in subsection (8) of this section, in each
justice court created under any law of this state there shall be a small claims
department.
     (2) 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 action does not exceed $750.
     (3) Except as provided in this section and
ORS 46.455 (2)(c), an action for the recovery of money, damages, specific
personal property, or any penalty or forfeiture may be commenced and prosecuted
in the small claims department if the amount or value claimed in the action
does not exceed $7,500.
     (4) Class actions may not be commenced and
prosecuted in the small claims department.
     (5) Actions providing for statutory
attorney fees in which the amount or value claimed does not exceed $750 may be
commenced and prosecuted in the small claims department or may be commenced and
prosecuted in the regular department of the justice court. This subsection does
not apply to an action based on contract for which attorney fees are authorized
under ORS 20.082.
     (6) Jurisdiction of the person of the
defendant in an action commenced in the small claims department shall be deemed
acquired as of the time of service of the notice and claim.
     (7) Except as provided in ORS 55.065
(2)(c), the provisions of ORS 55.020 to 55.140 shall apply with regard to
proceedings in the small claims department of any justice court.
     (8) If a justice court is located in the
same city as a circuit court, the justice court need not have a small claims
department if the justice court and the circuit court enter into an
intergovernmental agreement that provides that only the circuit court will
operate a small claims department. If an intergovernmental agreement is entered
into under this subsection, the agreement must establish appropriate procedures
for referring small claims cases to the circuit court. [1963 c.404 §2 (enacted
in lieu of 55.010); 1965 c.569 §2; 1973 c.625 §3; 1973 c.812 §7; 1975 c.346 §2a;
1975 c.592 §2; 1983 c.673 §6; 1985 c.367 §3; 1987 c.725 §3; 1989 c.583 §1; 1995
c.227 §4; 1997 c.801 §108; 1999 c.84 §5; 1999 c.673 §4; 2001 c.542 §6; 2007
c.125 §5]
     Note: Section 8, chapter 125, Oregon Laws 2007,
provides:
     Sec.
8. The amendments to ORS
46.405, 46.425, 46.461, 51.080, 55.011, 55.095 and 133.055 by sections 1 to 7
of this 2007 Act apply to all actions commenced in the small claims department
of a court on or after the effective date of this 2007 Act [January 1, 2008],
without regard to whether the claim for which the action is commenced arose
before, on or after the effective date of this 2007 Act. [2007 c.125 §8]
     55.020
Commencement of action. An
action in the small claims department shall be commenced by the plaintiff
appearing in person or by agent or assignee before the court and filing a
verified claim in the form prescribed by the justice of the peace along with
the fee prescribed by ORS 51.310 (1)(c). [Amended by 1989 c.583 §2]
     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 and stating that the plaintiff made a bona fide effort to
collect the claim from the defendant before filing the claim with the justice
court. [Amended by 1977 c.875 §11; 1989 c.583 §3]
     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. (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.
______________________________________________________________________________
[1989 c.583 §5]
     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]
     55.055
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. [1977 c.875 §21]
     55.060 [Amended by 1977 c.875 §13; repealed by 1989
c.583 §11]
     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:
     (1) If the defendant admits the claim, the
defendant may settle it by:
     (a) 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 paid by the
defendant.
     (b) If the claim is for recovery of
specific personal property, delivering the property to the plaintiff and paying
to the plaintiff the amount of the small claims fee and service expenses paid
by the plaintiff.
     (2) If the defendant denies the claim, the
defendant:
     (a) May demand a hearing in the small claims
department in a written request to the court in the form prescribed by the
court, accompanied by payment of the defendantÂ’s fee prescribed; and
     (b) When demanding a hearing, may assert a
counterclaim in the form provided by the court; or
     (c) If the amount or value claimed exceeds
$750, may demand a jury trial in a written request to the court in the form
prescribed by the court, accompanied by payment of the appearance fee
prescribed by ORS 51.310 (1)(b) together with the trial fee prescribed by ORS 52.410.
The request shall designate a mailing address to which a summons and copy of
the complaint may be served by mail. Thereafter, the plaintiffÂ’s claim will not
be limited to the amount stated in the claim, though it must involve the same
controversy. [1989 c.583 §6; 1995 c.227 §3]
     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]
     55.075
Time and place of hearing; procedure if right to jury trial asserted; fees. (1) 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.
     (2) If the defendant asserts a
counterclaim, the notice of the hearing time shall contain a copy of the
counterclaim.
     (3) If the defendant claims the right to a
jury trial, the court shall notify the plaintiff to file a formal complaint
within 20 days following the mailing of such notice. The notice shall instruct
the plaintiff to serve a summons and copy of the complaint by mail on the
defendant at the designated address of the defendant. Proof of service of the
summons and complaint copy may be made by certificate of the plaintiff or
plaintiffÂ’s attorney attached to the complaint prior to its filing. The
plaintiffÂ’s claim in such formal complaint is not limited to the amount stated
in the claim filed in the small claims department but it must involve the same
controversy. The defendant shall have 10 days in which to move, plead or
otherwise appear following the day on which the summons and copy of the
complaint would be delivered to the defendant in due course of mail.
Thereafter, the cause shall proceed as other causes in the justice court, and
costs and disbursements shall be allowed and taxed and fees not previously paid
shall be charged and collected as provided in ORS 51.310 and 52.410 for other
cases tried in justice court, except that the appearance fee for plaintiff
shall be an amount equal to the difference between the fee paid by the
plaintiff as required by ORS 51.310 (1)(c) and the fee required of a plaintiff
by ORS 51.310 (1)(a). [1989 c.583 §8]
     55.077
Additional time for appearances; default and dismissal. (1) Upon written request, the court may
extend to the parties additional time within which to make formal appearances
required in the small claims department.
     (2) 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 plus the amount of the small claims fee and service expenses
paid by the plaintiff.
     (3) If the plaintiff fails within the time
provided to file a formal complaint pursuant to ORS 55.075 (3), the court
shall:
     (a) Dismiss the case without prejudice;
and
     (b) If the defendant applies therefor in
writing to the court not later than 30 days after the expiration of the time
provided for the plaintiff to file a formal complaint, refund to the defendant
the amount of the jury trial fee paid by the defendant under ORS 55.065 (2)(c).
     (4) If the defendant appears at the time
set for hearing but no appearance is made by the plaintiff, the claim shall be
dismissed with prejudice. If neither party appears, the claim shall be
dismissed without prejudice.
     (5) Upon good cause shown within 60 days,
the court may set aside a default judgment or dismissal and reset the claim for
hearing. [1989 c.583 §9]
     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 partyÂ’s costs in securing and service
of such execution shall be taxed against the other party and recoverable as
part of the judgment. [Amended by 1971 c.179 §1; 1977 c.875 §15]
     55.090
Right of attorneys or persons not a party to appear; witnesses; disposition of
controversy; appearance by attorney not required for certain parties. (1) 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 plaintiff and defendant may offer evidence in their behalf
by witnesses appearing at the hearing, and the justice may informally consult
witnesses or otherwise investigate the controversy and give judgment or make
such orders as the justice deems right, just and equitable for the disposition of
the controversy.
     (2) Notwithstanding ORS 9.320, a
corporation, state or any city, county, district or other political subdivision
or public corporation in this state may appear as a party to any action in the
department without appearance by attorney. [Amended by 1973 c.625 §4; 1987
c.158 §8; 1993 c.282 §3; 1997 c.808 §9]
     55.095
Counterclaim; procedure; fee; transfer of jurisdiction. (1) 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.
     (2) If the amount of the counterclaim asserted
by the defendant exceeds $7,500, the justice of the peace shall strike the
counterclaim and proceed to hear and dispose of the case as though the
counterclaim had not been asserted unless the defendant files with the
counterclaim a motion requesting that the case be transferred from the small
claims department to a court of appropriate jurisdiction and an amount to pay
the costs of the transfer. After the transfer the plaintiffÂ’s claim will not be
limited to the amount stated in the claim filed with the justice of the peace,
though it must involve the same controversy.
     (3)(a) If the amount or value of the
counterclaim exceeds the jurisdictional limit of the justice court for a
counterclaim and the defendant files a motion requesting transfer and an amount
to pay the costs of transfer as provided in subsection (2) of this section, the
case shall be transferred to the circuit court for the county in which the
justice court is located and be governed as provided in ORS 52.320 for
transfers to the circuit court. The justice court shall notify the plaintiff
and defendant, by mail within 10 days following the order of transfer, of the
transfer. The notice to the plaintiff shall contain a copy of the counterclaim
and shall inform the plaintiff as to further pleading by the plaintiff in the
court of appropriate jurisdiction.
     (b) Upon filing the motion requesting
transfer, the defendant shall pay to the court of appropriate jurisdiction an
amount equal to the difference between the fee paid by the defendant as required
by ORS 51.310 (1)(c) and the appearance fee for a defendant in the court of
appropriate jurisdiction. [1977 c.875 §22; 1981 s.s. c.3 §96; 1983 c.673 §8;
1985 c.367 §4; 1987 c.725 §4; 1987 c.829 §3; 1989 c.583 §7; 1995 c.658 §65;
1997 c.801 §109; 1999 c.84 §6; 2007 c.125 §6]
     Note: See note under 55.011.
     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.
[Amended by 1977 c.875 §16]
     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 by the defendant. A party entitled to appeal may, within
10 days after the entry of the judgment against the party, appeal to the
circuit court for the county in which the justice court is located. If final
judgment is rendered against the party appealing in the appellate court, that
party shall pay, in addition to the judgment, an attorneyÂ’s fee to the other
party in the sum of $10. Appeals from the small claims department shall only be
allowed in cases in which appeals would be allowed if the action were
instituted and the judgment rendered in the justice courts, as is provided by
law. [Amended by 1977 c.875 §17; 1985 c.342 §10; 1995 c.658 §66]
     55.120
Form of appeal; bond; proceedings in circuit court; no further appeal. (1) The appeal from the small claims
department may be in the following form:
______________________________________________________________________________
     In the Circuit Court for
____________
     Plaintiff,
     vs.
____________
     Defendant.
     Comes now _____, a resident of
____________, Appellant.
______________________________________________________________________________
     (2) All appeals shall be filed with the
justice of the peace and accompanied by a bond, with satisfactory surety, to
secure the payment of the judgment, costs and attorneyÂ’s fees, as provided in
ORS 55.110. The appeal shall be tried in the circuit court without any other
pleadings than those required in the justice court originally trying the cause.
All papers in the cause shall be certified to the circuit court as is provided
by law in other cases of appeals in civil actions in justice courts. The
circuit court may require any other or further statements or information it may
deem necessary for a proper consideration of the controversy. The appeal shall
be tried in the circuit court without a jury. There shall be no appeal from any
judgment of the circuit court rendered upon the appeal, but such judgment shall
be final and conclusive. [Amended by 1977 c.875 §18; 1985 c.342 §11; 2005 c.22 §38]
     55.130
Enforcement of judgment when no appeal is taken; fees. (1) 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:
______________________________________________________________________________
     In the
____________
     Plaintiff,
     vs.
____________
     Defendant.
     In the Small Claims Department
     This is to certify that in a certain
action before me, the undersigned, had on this, the _____ day of _____, 2__,
wherein ______ was plaintiff and _________ was defendant, jurisdiction of
the defendant having been had by personal service (or otherwise), as provided
by law, I then and there entered judgment against the (defendant or plaintiff)
in the sum of ___ dollars, which judgment has not been paid.
     Witness my hand this ___ day of______, 2__.
__________________
Justice of the Peace
Sitting in the Small
Claims Department.
______________________________________________________________________________
     (2) Upon the payment of a fee of $5 the
justice of the peace shall forthwith enter the judgment transcript on the
docket of the justice court. Thereafter execution and other process on
execution provided by law may issue thereon as in other cases of judgments of
justice courts, and transcripts of the judgments may be filed and entered in
judgment dockets in circuit courts with like effect as in other cases. [Amended
by 1965 c.619 §30; 1977 c.875 §19; 1987 c.829 §4; 1997 c.801 §134]
     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.
_______________
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