Section 46.010

[Amended by 1961 c.724 §16; 1965 c.510 §13; 1965 c.568 §1; 1967 c.575 §1; 1971 c.633 §4; 1973 c.645 §1; 1977 c.387 §1; 1981 c.759 §11; 1995 c.658 §36; renumbered 3.014 in 1997]

Section 46.040

[Amended by 1963 c.513 §2; 1971 c.743 §311; 1973 c.645 §2; 1983 c.673 §1; 1995 c.16 §1; 1995 c.658 §38; renumbered 3.132 in 1997]

Section 46.045

[1971 c.633 §2; 1985 c.750 §1; 1995 c.658 §39; renumbered 3.136 in 1997]

Section 46.047

[1975 c.611 §15; 1995 c.658 §40; renumbered 3.134 in 1997]

Section 46.221

[1953 c.393 §1; 1965 c.510 §18; 1965 c.619 §22; 1971 c.621 §8; 1973 c.381 §2; 1975 c.88 §6; 1975 c.327 §6; 1975 c.607 §11; 1977 c.875 §1; 1979 c.833 §12; 1981 c.898 §40; 1981 s.s. c.3 §92; 1981 s.s. c.3 §93; 1983 c.763 §41; 1985 c.342 §25; 1985 c.496 §8; 1987 c.725 §5; 1989 c.718 […]

Section 46.223

[1985 c.342 §29; 1995 c.658 §42; renumbered 21.385 in 1997]

Section 46.405 – Small claims department; jurisdiction.

(1) Except as provided in subsection (6) of this section, each circuit court shall have 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 […]

Section 46.415 – Circuit judges to sit in department; procedure.

(1) The judges of a circuit court shall sit as judges of the small claims department. (2) No formal pleadings other than the claim shall be necessary. (3) 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 […]

Section 46.425 – Commencement of actions; contents of claim.

(1) 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. (2) The claim shall: (a) Contain the name and address of the plaintiff and of the defendant, followed by a plain and simple statement of […]

Section 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. [1977 c.875 §9; 1995 c.658 §46]

Section 46.445 – Notice of claim; content; service.

(1) 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. (2) The notice shall be directed to the defendant, naming the defendant, and shall contain a copy of the claim. (3) The notice and claim shall […]

Section 46.455 – 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 46.445: (1) If the defendant admits the claim, the defendant may settle it by: (a) Paying to the plaintiff the amount of the claim plus the amount of all filing fees and service expenses paid […]

Section 46.461 – Counterclaims; fee; transfer of case to circuit court.

(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 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 […]

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

(1) 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 […]

Section 46.475 – 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 of a circuit court. (2) 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 […]

Section 46.485 – Extent and effect of small claims judgment.

(1) 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 […]

Section 46.488 – Lien effect of small claims judgments.

(1) 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 […]

Section 46.560 – Where action to be commenced and tried.

(1) 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. (2) When an action is founded on an alleged tort, […]

Section 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: (1) $57, when the amount claimed is $2,500 or less; and (2) $102, when the amount is more than $2,500. […]