Section 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 […]
Section 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]
Section 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 […]
Section 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 ______ 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, ______ […]
Section 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 […]
Section 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.
Section 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 […]
Section 55.090 – Appearance by parties and attorneys; witnesses.
(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 […]
Section 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 […]
Section 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). [Amended by 1989 c.583 §2; 2021 c.411 §2]