TITLE 5
SMALL CLAIMS
DEPARTMENT OF CIRCUIT COURT
Chapter 46. Small Claims Department of Circuit Court
_______________
Chapter 46 — Small
Claims Department of Circuit Court
2011 EDITION
SMALL CLAIMS DEPARTMENT OF CIRCUIT COURT
SMALL CLAIMS DEPARTMENT OF CIRCUIT COURT
46.405 Small
claims department; jurisdiction
46.415 Circuit
judges to sit in department; procedure
46.425 Commencement
of actions; contents of claim
46.441 Explanation
to plaintiff of how notice may be served
46.445 Notice
of claim; content; service
46.455 Admission
or denial of claim; request for jury trial
46.461 Counterclaims;
fee; transfer of case to circuit court
46.465 Time
and place of hearing; notice; procedure if right to jury trial asserted;
attorney fees
46.475 Additional
time for appearances; default and dismissal
46.485 Extent
and effect of small claims judgment
46.488 Lien
effect of small claims judgments
46.560 Where
action to be commenced and tried
46.570 Fees
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]
46.019 [1975
c.327 §§2, 4; 1979 c.568 §1; 1983 c.763 §33; 1983 c.765 §1; 1987 c.762 §3;
repealed by 1995 c.658 §127]
46.020
[Amended by 1957 c.405 §1; 1961 c.724 §17; repealed by 1965 c.510 §24]
46.025
[Amended by 1953 c.563 §7; 1957 c.726 §1; 1959 c.559 §3; 1961 c.724 §18; 1965
c.510 §14; 1965 c.568 §4; 1967 c.623 §1; 1969 c.333 §1; 1971 c.640 §3; 1975
c.327 §1; 1977 c.385 §1; 1979 c.568 §12; 1981 c.253 §1; 1981 c.759 §13; 1983
c.763 §34; 1989 c.1021 §5; 1991 c.458 §§3,7; repealed by 1995 c.658 §127]
46.026 [1961
c.724 §19; 1963 c.614 §1; 1995 c.712 §80; repealed by 1995 c.658 §127]
46.028 [1961
c.724 §20; repealed by 1965 c.510 §24]
46.030
[Amended by 1953 c.112 §2; 1979 c.568 §6; repealed by 1995 c.658 §127]
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]
46.045 [1971
c.633 §2; 1985 c.750 §1; 1995 c.658 §39; renumbered 3.136 in 1997]
46.047 [1975
c.611 §15; 1995 c.658 §40; renumbered 3.134 in 1997]
46.050
[Amended by 1957 c.405 §3; 1961 c.724 §21; repealed by 1995 c.658 §127]
46.060
[Amended by 1957 c.661 §1; 1965 c.495 §1; 1975 c.611 §18; 1983 c.149 §1; 1985
c.342 §1; 1985 c.496 §28; 1985 c.588 §3a; 1987 c.714 §8; 1989 c.839 §33;
repealed by 1995 c.658 §127]
46.063 [1975
c.611 §10; repealed by 1987 c.714 §10]
46.064 [1987
c.714 §2; 1995 c.664 §78; repealed by 1995 c.658 §127]
46.065 [1965
c.495 §3; repealed by 1975 c.611 §24]
46.070
[Amended by 1965 c.495 §2; 1975 c.611 §19; 1985 c.240 §1; 1985 c.342 §2; 1985
c.496 §29; repealed by 1987 c.714 §10]
46.075 [1965
c.495 §4; 1985 c.496 §30; 1985 c.540 §13; 1987 c.714 §3; 1991 c.790 §6; 1995
c.781 §33; repealed by 1995 c.658 §127]
46.080
[Amended by 1957 c.661 §2; 1981 c.898 §39; repealed by 1995 c.658 §127]
46.082 [1977
c.876 §5; repealed by 1995 c.658 §127]
46.084 [1977
c.876 §6; 1987 c.714 §7; repealed by 1995 c.658 §127]
46.090
[Amended by 1955 c.664 §1; 1957 c.661 §3; repealed by 1977 c.876 §12]
46.092 [1955
c.540 §1; 1957 c.403 §1; 1965 c.510 §15; 1967 c.534 §12; 1969 c.591 §272;
repealed by 1995 c.658 §127]
46.093 [1963
c.512 §2; repealed by 1965 c.510 §24]
46.094 [1955
c.540 §2; 1957 c.403 §2; repealed by 1995 c.658 §127]
46.096 [1955
c.540 §3; 1957 c.403 §3; repealed by 1995 c.658 §127]
46.098 [1955
c.540 §4; 1957 c.403 §4; repealed by 1961 c.406 §2]
46.099 [1961
c.406 §1; 1969 c.96 §1; repealed by 1995 c.658 §127]
46.100
[Amended by 1957 c.661 §4; 1969 c.438 §1; repealed by 1995 c.658 §127]
46.110
[Amended by 1967 c.391 §1; repealed by 1979 c.284 §199]
46.120
[Amended by 1953 c.479 §4; 1973 c.827 §9; repealed by 1977 c.877 §17]
46.130
[Amended by 1957 c.405 §4; 1961 c.724 §22; 1995 c.781 §34; repealed by 1995
c.658 §127]
46.140
[Repealed by 1961 c.468 §1 (46.141 enacted in lieu of 46.140)]
46.141 [1961
c.468 §2 (enacted in lieu of 46.140); repealed by 1995 c.658 §127]
46.150 [Amended
by 1969 c.96 §2; repealed by 1995 c.658 §127]
46.155 [1975
c.611 §§12,13,14; repealed by 1979 c.284 §199]
46.160
[Repealed by 1979 c.284 §199]
46.170
[Amended by 1953 c.398 §2; 1961 c.705 §1; repealed by 1965 c.510 §24]
46.175 [1961
c.705 §3; 1965 c.510 §16; 1971 c.628 §1; 1979 c.113 §1; repealed by 1981 s.s. c.3 §141]
46.180
[Amended by 1957 c.594 §3; 1961 c.705 §2; 1965 c.510 §17; 1971 c.628 §2; 1977
c.519 §3; 1981 s.s. c.3 §61; 1985 c.496 §12; 1985
c.703 §21a; repealed by 1995 c.658 §127]
46.190
[Repealed by 1995 c.658 §127]
46.200
[Amended by 1961 c.446 §2; 1969 c.96 §3; 1971 c.565 §16; repealed by 1975 c.611
§24]
46.210
[Amended by 1955 c.459 §1; repealed by 1995 c.658 §127]
46.220
[Repealed by 1953 c.393 §3]
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 §17; 1991 c.538 §5; 1991 c.790 §5; 1995 c.273 §25;
1995 c.664 §79; 1997 c.801 §§30,30a; renumbered 46.570 in 1997]
46.223 [1985
c.342 §29; 1995 c.658 §42; renumbered 21.385 in 1997]
46.230
[Amended by 1965 c.510 §19; repealed by 1965 c.619 §39]
46.240
[Amended by 1961 c.563 §3; 1971 c.621 §9; repealed by 1973 c.381 §8]
46.250
[Amended by 1975 c.611 §20; 1977 c.416 §7; 1979 c.562 §34; 1985 c.734 §16; 1997
c.389 §7; repealed by 1995 c.658 §127]
46.253 [1975
c.611 §5; repealed by 1985 c.734 §20]
46.255 [1975
c.611 §6; 1981 c.178 §3; repealed by 1985 c.734 §20]
46.260
[Amended by 1969 c.96 §4; repealed by 1977 c.290 §5]
46.265 [1975
c.611 §7; repealed by 1995 c.658 §127]
46.270
[Amended by 1971 c.224 §2; repealed by 1995 c.658 §127]
46.274 [1955
c.664 §2; 1965 c.619 §23; 1971 c.621 §10; 1975 c.607 §12; 1979 c.833 §13; 1981
c.835 §3; 1981 s.s. c.3 §32; 1985 c.540 §15; 1995
c.273 §14; repealed by 1995 c.658 §127]
46.275 [1977
c.876 §7; repealed by 1983 c.405 §5]
46.276 [1955
c.664 §3; 1969 c.438 §2; 1987 c.586 §18; repealed by 1995 c.658 §127]
46.278 [1977
c.876 §8; 1987 c.586 §19; repealed by 1995 c.658 §127]
46.280
[Amended by 1973 c.484 §5; 1981 s.s. c.1 §11; 1983
c.763 §32; 1995 c.781 §35; repealed by 1995 c.658 §127]
46.290
[Repealed by 1981 s.s. c.3 §141]
46.300 [1959
c.552 §11; 1971 c.718 §3; 1979 c.568 §7; repealed by 1983 c.763 §9]
46.330 [1975
c.611 §2; repealed by 1995 c.658 §127]
46.335 [1975
c.611 §3; 1977 c.876 §2; 1995 c.244 §7; repealed by 1995 c.658 §127]
46.340 [1975
c.611 §4; 1985 c.540 §16; 1995 c.244 §8; repealed by 1995 c.658 §127]
46.345 [1975
c.611 §§8,9; 1981 s.s. c.3 §33; 1985 c.496 §11;
repealed by 1995 c.658 §127]
46.350 [1975
c.611 §11; repealed by 1985 c.540 §47]
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 or value
claimed in the action does not exceed $750.
(3)
Except as provided in this section, 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 $10,000.
(4)(a)
Class actions may not be commenced and prosecuted in the small claims
department.
(b)
An action by an inmate, as defined in ORS 30.642, against another inmate 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 circuit court. This subsection does not apply to an action based on
contract for which attorney fees are authorized under ORS 20.082.
(6)
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. [1971 c.760 §2; 1973 c.812 §2; 1975 c.592 §1; 1979
c.567 §1; 1983 c.242 §1; 1985 c.367 §1; 1987 c.725 §1; 1995 c.227 §1; 1995
c.658 §43; 1997 c.378 §1; amendments by 1997 c.378 §2 repealed by 1999 c.84 §9;
1997 c.801 §78; 1999 c.84 §1; 1999 c.673 §1; 2001 c.542 §5; 2007 c.125 §1; 2011
c.262 §4; 2011 c.595 §47]
46.410
[Amended by 1959 c.326 §1; 1965 c.569 §1; 1969 c.683 §1; repealed by 1971 c.760
§11]
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 the privilege of offering evidence and testimony of
witnesses at the hearing. The judge may informally consult witnesses or
otherwise investigate the controversy and give judgment or make such orders as
the judge deems to be right, just and equitable for the disposition of the
controversy.
(4)
No attorney at law or person other than the plaintiff and defendant and their
witnesses shall appear on behalf of any party in litigation in the small claims
department without the consent of the judge of the court.
(5)
Notwithstanding the provisions of ORS 9.320, a corporation, the state or any
city, county, district or other political subdivision or public corporation in
this state, without appearance by attorney, may appear as a party to any action
in the small claims department and in any supplementary proceeding in aid of
execution after entry of a small claims judgment.
(6)
Assigned claims may be prosecuted by an assignee in small claims department to
the same extent they may be prosecuted in any other state court. [1971 c.760 §3;
1973 c.484 §6; 1981 s.s. c.1 §22; 1987 c.811 §1; 1993
c.282 §2; 1995 c.658 §44; 1997 c.808 §§6,7]
46.420
[Repealed by 1971 c.760 §11]
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 verified claim in the form prescribed by the court.
(2)
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 the 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 clerk.
(3)
Except in actions arising under ORS chapter 90, the plaintiff must include in a
claim all amounts claimed from the defendant arising out of a single
transaction or occurrence. Any plaintiff alleging damages on a transaction
requiring installment payments need only claim the installment payments due and
owing as of the date of filing of the claim, and need not accelerate the
remaining payments. The plaintiff may include in a claim all amounts claimed
from a defendant on more than one transaction or occurrence if the total amount
of the claim does not exceed $10,000.
(4)
Notwithstanding subsection (3) of this section, a plaintiff bringing an action
on assigned claims:
(a)
Need bring an action only on those claims that have been assigned as of the
date the action is filed; and
(b)
May bring separate actions for each person assigning claims to the plaintiff. [1971
c.760 §4; 1977 c.875 §2; 1991 c.195 §1; 1995 c.658 §45; 1997 c.378 §4;
amendments by 1997 c.378 §5 repealed by 1999 c.84 §9; 1997 c.801 §80; 1999 c.84
§2; 2007 c.125 §2; 2011 c.595 §48]
46.430
[Repealed by 1971 c.760 §11]
46.435 [1971
c.760 §5; 1973 c.393 §2; 1977 c.875 §3; 1979 c.567 §2; repealed by 1979 c.833 §36]
46.440
[Repealed by 1971 c.760 §11]
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]
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 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 plaintiff shall mail the notice and claim by
certified mail addressed to the defendant at the last-known mailing address of
the defendant. 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.
(4)
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 filing 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 clerk of the court
will enter a judgment against you for the amount claimed plus filing fees and
service expenses paid by the plaintiff, plus a prevailing party fee.
If
you have questions about the small claims court filing procedures after reading
this notice, you may contact the clerk of the court; however, the clerk cannot
give you legal advice on the claim.
______________________________________________________________________________
[1971 c.760 §6; 1977 c.875 §4; 1977 c.877 §9a; 1989 c.741 §1; 1991 c.111 §4;
1991 c.195 §2; 1995 c.658 §47; 1997 c.872 §§8,9]
46.450
[Repealed by 1971 c.760 §11]
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 by the plaintiff and mailing proof of that
payment to the court.
(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 all filing
fees and service expenses paid by the plaintiff and mailing proof of that
delivery and payment to the court.
(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
clerk in the form prescribed by the court, accompanied by payment of the
defendant’s fee prescribed; and
(b)
When demanding a hearing, may assert a counterclaim in the form provided by the
court.
(3)
If the amount or value claimed exceeds $750, the defendant has a constitutional
right to a jury trial and may claim that right in a written request to the
clerk in the form prescribed by the court, accompanied by payment of the
appearance fee required from defendants under ORS 21.160. The request shall
designate a mailing address to which a summons and copy of the complaint may be
served by mail. Thereafter, the plaintiff’s claim will not be limited to the
amount stated in the claim, though it must involve the same controversy. [1971
c.760 §7; 1973 c.654 §1; 1973 c.812 §3a; 1977 c.875 §5; 1977 c.877 §10a; 1981 s.s. c.3 §94; 1983 c.673 §2; 1985 c.496 §13; 1991 c.111 §5;
1991 c.195 §3; 1995 c.227 §2; 1995 c.455 §4; 1995 c.658 §48; 1997 c.46 §§6,7;
2011 c.595 §49]
46.458 [1995
c.455 §2; 1995 c.618 §15b; repealed by 1997 c.46 §1]
46.460
[Amended by 1965 c.619 §24; 1969 c.683 §2; repealed by 1971 c.760 §11]
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 filed by the plaintiff.
(2)
If the amount or value of the counterclaim exceeds $10,000, the court 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 the circuit court. After the transfer the plaintiff’s
claim will not be limited to the amount stated in the claim filed with the
small claims department, though it must involve the same controversy.
(3)(a)
If the amount or value of the counterclaim exceeds that specified in subsection
(2) of this section, and the defendant files a motion requesting transfer as
provided in subsection (2) of this section, the case shall be transferred to
the circuit court. The clerk of the court shall notify the plaintiff and
defendant, by mail, of the transfer. The notice to the plaintiff shall contain
a copy of the counterclaim and shall instruct the plaintiff to file with the
court and serve by mail on the defendant, within 20 days following the mailing
of the notice, a reply to the counterclaim and, if the plaintiff proposes to
increase the amount of the claim originally filed with the small claims
department, an amended claim for the increased amount. Proof of service on the
defendant of the plaintiff’s reply and amended claim may be made by certificate
of the plaintiff or plaintiff’s attorney attached to the reply and amended
claim filed with the court. The defendant is not required to answer an amended
claim of the plaintiff.
(b)
Upon filing the motion requesting transfer, the defendant shall pay to the
clerk of the court an amount equal to the difference between the fee paid by
the defendant as required by ORS 46.570 and the fee required of a defendant
under ORS 21.160. Upon filing a reply to the counterclaim, the plaintiff shall
pay to the clerk of the court an amount equal to the difference between the fee
paid by the plaintiff as required by ORS 46.570 and the fee required of a
plaintiff under ORS 21.160. [1977 c.875 §10; 1979 c.567 §3; 1983 c.242 §2; 1983
c.673 §5; 1985 c.367 §2; 1985 c.496 §31; 1987 c.714 §9; 1987 c.725 §2; 1991 c.790
§7; 1995 c.658 §49; 1997 c.378 §7; amendments by 1997 c.378 §8 repealed by 1999
c.84 §9; 1997 c.801 §82; 1999 c.84 §3; 2007 c.125 §3; 2011 c.595 §50]
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
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)(a)
If the defendant claims the right to a jury trial, the clerk shall notify the
plaintiff by mail of the requirements of this paragraph. Within 20 days after
the mailing of the notice, the plaintiff must file a formal complaint with the
court and serve by mail a summons and copy of the complaint on the defendant at
the designated address of the defendant. Proof of service must be filed by the
plaintiff with the court. Proof of service may be made by filing a certificate
of the plaintiff or the plaintiff’s attorney with the complaint.
(b)
The plaintiff’s claim in the formal complaint filed pursuant to this subsection
is not limited to the amount stated in the claim filed in the small claims
department, but the claim in the formal complaint must relate to the same
controversy.
(c)
The defendant must file an appearance in the matter within 10 days after the
date 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 court, and costs and disbursements shall be allowed and taxed.
Fees not previously paid shall be charged and collected as provided for other
cases tried in the circuit court, except that the filing fee for the plaintiff
shall be an amount equal to the difference between the filing fee paid by the
plaintiff as required by ORS 46.570 and the filing fee required of the
plaintiff under ORS 21.160.
(4)(a)
If the defendant claims the right to a jury trial and does not prevail in the
action, the court shall award to the plaintiff reasonable attorney fees
incurred by the plaintiff in the action. Unless attorney fees are otherwise
provided for in the action by contract or statutory provision, attorney fees
awarded under this paragraph may not exceed $1,000.
(b)
If the defendant asserts a counterclaim that requires transfer of the matter
under the provisions of ORS 46.461, and the defendant does not prevail in the
action, the court shall award to the plaintiff reasonable attorney fees
incurred by the plaintiff in the action. [1971 c.760 §8; 1975 c.346 §1; 1983
c.673 §3; 1985 c.496 §14; 1991 c.790 §8; 1995 c.455 §5; 1995 c.618 §15a; 1997
c.46 §§9,10; 2011 c.595 §51]
46.470
[Amended by 1963 c.248 §1; repealed by 1971 c.760 §11]
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 from the
plaintiff the clerk shall enter a judgment against the defendant for the relief
claimed plus the amount of the small claims filing fees and service expenses
paid by the plaintiff and the prevailing party fee provided by ORS 20.190.
(3)
If the plaintiff fails within the time provided to file a formal complaint
pursuant to ORS 46.465 (3)(a), the clerk shall dismiss the case without
prejudice.
(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. [1971 c.760 §9; 1977 c.875 §6;
1985 c.496 §15; 1991 c.111 §6; 1995 c.618 §§8,8a; 1995 c.658 §51; 1997 c.46 §§12,13;
1999 c.84 §10; 2011 c.595 §52]
46.480
[Amended by 1969 c.683 §3; repealed by 1971 c.760 §11]
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 (3). The award shall be paid or the
property delivered upon such terms and conditions as the judge may prescribe.
(2)
The court may allow to the defendant a setoff not to exceed the amount of
plaintiff’s claim, but in such case the court shall cause to be entered in the
record the amount of the setoff allowed.
(3)
No attachment shall issue on any cause in the small claims department.
(4)
A judgment in the small claims department is conclusive upon the parties and no
appeal may be taken from the judgment.
(5)
The clerk of the court shall keep a record of all actions, proceedings and
judgments in the small claims department.
(6)
A judgment in the small claims department is a judgment of the circuit court.
The clerk shall enter such judgment in the register of the circuit court in the
manner provided by ORS 18.075. A judgment in the small claims department may
create a lien as provided by ORS 46.488. Judgments that include money awards,
as defined by ORS 18.005, are subject to ORS 18.042. [1971 c.760 §10; 1977
c.875 §7; 1985 c.540 §17; 1991 c.111 §7; 1995 c.618 §9; 1995 c.658 §52; 1997
c.801 §60; 1999 c.84 §8; 2003 c.576 §91]
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 circuit court in an amount of $10
or more and less than $3,000, exclusive of costs and disbursements, only as
provided in subsection (3) of this section.
(2)
If a judgment is rendered in the small claims department in an amount of $3,000
or more, the clerk shall note in the register of the circuit court that the
judgment creates a judgment lien if the judgment otherwise complies with the
requirements of ORS chapter 18 for creating a judgment lien. A judgment
creditor may create a lien for the judgment in other counties in the manner
provided by ORS 18.152.
(3)
When a judgment is entered in the small claims department in an amount of $10
or more and less than $3,000, exclusive of costs or disbursements, a judgment
creditor may at any time before expiration of judgment remedies for the
judgment under ORS 18.180 create a judgment lien for the judgment by paying to
the clerk of the court that entered the judgment the fees established under ORS
21.235 (1)(a) and requesting that the clerk of the court note in the register
and in the judgment lien record that the judgment creates a judgment lien. Upon
receipt of the fees and request for creating a judgment lien, the clerk shall note
in the register that the judgment creates a judgment lien. Upon entry of the
notation in the register, the judgment creates a lien as described in ORS
18.150, and a judgment creditor may create a lien for the judgment in other
counties in the manner provided by ORS 18.152. [1997 c.801 §57; 1997 c.801 §58;
1999 c.195 §3; 1999 c.1095 §12; 2003 c.576 §92; 2003 c.737 §§77,78; 2007 c.339 §11;
2011 c.595 §119]
Note:
Section 8 (1) and (2), chapter 195, Oregon Laws 1999, provides:
Sec. 8. (1)
The amendments to ORS 18.350 by section 1 of this 1999 Act, and the amendments
to ORS 46.488 by section 58, chapter 801, Oregon Laws 1997, and by section 3 of
this 1999 Act, do not affect any judgment docketed in the circuit court under
the provisions of ORS 46.488 (1997 Edition) before the effective date of this
1999 Act [October 23, 1999]. Notwithstanding the amendments to ORS 46.488 by
section 58, chapter 801, Oregon Laws 1997, and by section 3 of this 1999 Act,
any judgment entered in the small claims department of a circuit court before
the effective date of this 1999 Act that was not docketed in the circuit court
under the provisions of ORS 46.488 (1997 Edition) before the effective date of
this 1999 Act may become a lien on real property only in the manner provided by
ORS 46.488 (1997 Edition).
(2)
Any judgment docketed before the effective date of this 1999 Act, including
judgments docketed under the provisions of ORS 46.488 (1997 Edition), that did
not become a lien on real property by reason of failure of the judgment
creditor to file a lien certificate with the court in the manner required by
ORS 18.350 (4) to (9) (1997 Edition) shall automatically become a lien on real
property to the extent described in ORS 18.350, as amended by section 1 of this
1999 Act, on January 1, 2000, and shall be considered in all respects as though
the judgment had been docketed on January 1, 2000. [1999 c.195 §8(1),(2); 1999
c.195 §8a(1),(2)]
46.490
[Repealed by 1971 c.760 §11]
46.495 [1979
c.567 §4; repealed by 1981 c.883 §1]
46.500
[Amended by 1969 c.683 §4; repealed by 1971 c.760 §11]
46.505 [1969
c.683 §6; repealed by 1971 c.760 §11]
46.510
[Repealed by 1971 c.760 §11]
46.520
[Amended by 1969 c.683 §7; repealed by 1971 c.760 §11]
46.530
[Repealed by 1971 c.760 §11]
46.540
[Amended by 1969 c.683 §8; repealed by 1971 c.760 §11]
46.550
[Repealed by 1981 s.s. c.3 §141]
46.560 Where action to be commenced and
tried. Except as provided in subsections (1)
and (2) 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.
(1)
When an action is founded on an alleged tort, it may be commenced either in the
county where the cause of action arose or in the county where the defendants,
or one of them, reside or may be found at the commencement of the action.
(2)
When the defendant has contracted to perform an obligation in a particular
county, action may be commenced in either that county or where the defendants,
or one of them, reside or may be found at the commencement of the action. [1973
c.446 §2]
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)
$50, when the amount claimed is $2,500 or less; and
(2)
$90, when the amount is more than $2,500. [Formerly 46.221; 2003 c.737 §§44,45a,45c;
2005 c.702 §§49,50,51; 2007 c.129 §20; 2007 c.860 §7; 2011 c.595 §46]
46.610
[Amended by 1965 c.510 §20; 1971 c.633 §16; 1975 c.327 §7; 1979 c.568 §8;
repealed by 1995 c.658 §127]
46.620
[Repealed by 1995 c.658 §127]
46.630
[Amended by 1957 c.726 §2; 1963 c.614 §2; 1969 c.96 §5; repealed by 1995 c.658 §127]
46.632 [1959
c.559 §5; 1961 c.628 §1; 1963 c.487 §1; 1965 c.171 §2; 1967 c.38 §2; 1969 c.365
§2; 1971 c.642 §2; repealed by 1995 c.658 §127]
46.635
[Amended by 1953 c.563 §7; 1955 c.562 §1; 1957 c.439 §1; repealed by 1959 c.559
§10]
46.638 [1959
c.552 §8; repealed by 1975 c.706 §10]
46.640
[Repealed by 1959 c.559 §10]
46.642 [1965
c.377 §1; 1969 c.269 §3; 1971 c.213 §3; repealed by 1975 c.706 §10]
46.648 [1959
c.552 §10; 1995 c.781 §36; repealed by 1995 c.658 §127]
46.650
[Repealed by 1961 c.724 §34]
46.655 [1961
c.724 §23; repealed by 1995 c.658 §127]
46.660
[Repealed by 1961 c.724 §34]
46.665 [1961
c.724 §24; 1981 s.s. c.1 §10; repealed by 1995 c.658 §127
and 1995 c.781 §51]
46.670
[Repealed by 1969 c.96 §6]
46.680
[Repealed by 1995 c.658 §127]
46.684 [1957
c.405 §5; repealed by 1961 c.724 §34]
46.686 [1957
c.405 §6; repealed by 1961 c.724 §34]
46.690
[Repealed by 1959 c.552 §16]
46.710
[Repealed by 1969 c.96 §6]
46.720
[Amended by 1953 c.306 §17; 1979 c.568 §9; repealed by 1981 s.s.
c.3 §141]
46.725 [1975
c.327 §5; repealed by 1979 c.568 §17]
46.730
[Amended by 1955 c.664 §4; repealed by 1981 s.s. c.3 §141]
46.735 [1979
c.58 §4; repealed by 1985 c.540 §47]
46.740
[Amended by 1955 c.664 §5; 1963 c.427 §1; 1975 c.611 §21; repealed by 1985
c.540 §47]
46.750
[Amended by 1959 c.524 §1; 1963 c.474 §1; 1979 c.58 §2; repealed by 1985 c.540 §47]
46.760
[Repealed by 1985 c.540 §47]
46.770
[Amended by 1977 c.518 §1; repealed by 1981 s.s. c.3 §141]
46.780 [1965
c.203 §1; 1975 c.327 §8; 1979 c.568 §10; repealed by 1981 s.s.
c.3 §141]
46.800 [1977
c.876 §10 (enacted in lieu of 156.610, 156.620, 156.640 and 156.650); 1981 s.s. c.3 §103; 1983 c.763 §43; 1985 c.565 §6; 1987 c.905 §4;
repealed by 1995 c.658 §127]
46.810
[Formerly 157.081; repealed by 1995 c.658 §127]
CHAPTERS 47 TO
50 [Reserved for expansion]
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