Chapter 673 Oregon Laws 1999

Session Law

AN ACT

SB 68

Relating to small claims departments; creating new provisions; and amending ORS 46.405 and 55.011.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 46.405 is amended to read:

46.405. (1) Except as provided in subsection (3) of this section, each circuit court shall have a small claims department.

(2) All actions for the recovery of money, damages, specific personal property, or any penalty or forfeiture, excepting class actions and actions providing for statutory attorney fees, where the amount or value claimed does not exceed $750, shall be commenced and prosecuted only in the small claims department. Where the amount or value claimed does not exceed $3,500, such actions may be commenced and prosecuted in the small claims department.

(3) If a circuit court is located in the same city as a justice court, the circuit court need not have a small claims department if the circuit court and the justice court enter into an intergovernmental agreement that provides that only the justice 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 justice court.

SECTION 2. ORS 46.405, as amended by section 2, chapter 378, Oregon Laws 1997, is amended to read:

46.405. (1) Except as provided in subsection (3) of this section, each circuit court shall have a small claims department.

(2) All actions for the recovery of money, damages, specific personal property, or any penalty or forfeiture, excepting class actions and actions providing for statutory attorney fees, where the amount or value claimed does not exceed $750, shall be commenced and prosecuted only in the small claims department. Where the amount or value claimed does not exceed $4,000, such actions may be commenced and prosecuted in the small claims department.

(3) If a circuit court is located in the same city as a justice court, the circuit court need not have a small claims department if the circuit court and the justice court enter into an intergovernmental agreement that provides that only the justice 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 justice court.

SECTION 3. Nothing in the amendments to ORS 46.405 by section 1 or 2 of this 1999 Act affects the operative or applicability date provisions of section 11, chapter 378, Oregon Laws 1997.

SECTION 3a. Sections 2 (amending ORS 46.405) and 3 of this 1999 Act are repealed.

SECTION 4. ORS 55.011 is amended to read:

55.011. (1) Except as provided in subsection (5) of this section, in each justice court created under any law of this state there shall be a department to be known as the Small Claims Department of the Justice Court.

(2) All actions in the justice court for the recovery of money or damages only, excepting class actions and actions providing for statutory attorney fees, where the amount claimed does not exceed $750, shall be commenced and prosecuted only in the small claims department. Where the amount claimed does not exceed $3,500, such actions may be commenced and prosecuted in the small claims department subject to the provisions of ORS 55.065 (2)(c).

(3) 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.

(4) 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.

(5) 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.

Approved by the Governor July 14, 1999

Filed in the office of Secretary of State July 14, 1999

Effective date October 23, 1999

__________