TITLE 5

 

SMALL CLAIMSDEPARTMENT OF CIRCUIT COURT

 

Chapter 46. SmallClaims Department of Circuit Court

_______________

 

Chapter 46 — SmallClaims Department of Circuit Court

 

2009 EDITION

 

 

SMALLCLAIMS DEPARTMENT OF CIRCUIT COURT

 

SMALLCLAIMS DEPARTMENT OF CIRCUIT COURT

 

46.405 Smallclaims department; jurisdiction

 

46.415 Circuitjudges to sit in department; procedure

 

46.425 Commencementof actions; contents of claim

 

46.441 Explanationto plaintiff of how notice may be served

 

46.445 Noticeof claim; content; service

 

46.455 Admissionor denial of claim; request for jury trial

 

46.461 Counterclaims;fee; transfer of case to circuit court

 

46.465 Timeand place of hearing; notice; procedure if right to jury trial asserted;attorney fees

 

46.475 Additionaltime for appearances; default and dismissal

 

46.485 Extentand effect of small claims judgment

 

46.488 Lieneffect of small claims judgments

 

46.560 Whereaction to be commenced and tried

 

46.570 Fees

 

46.010 [Amended by1961 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 3.014in 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46.019 [1975 c.327 §§2,4; 1979 c.568 §1; 1983 c.763 §33; 1983 c.765 §1; 1987 c.762 §3; repealed by1995 c.658 §127]

 

46.020 [Amended by1957 c.405 §1; 1961 c.724 §17; repealed by 1965 c.510 §24]

 

46.025 [Amended by1953 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c.327 §1; 1977c.385 §1; 1979 c.568 §12; 1981 c.253 §1; 1981 c.759 §13; 1983 c.763 §34; 1989c.1021 §5; 1991 c.458 §§3,7; repealed by 1995 c.658 §127]

 

46.026 [1961 c.724 §19;1963 c.614 §1; 1995 c.712 §80; repealed by 1995 c.658 §127]

 

46.028 [1961 c.724 §20;repealed by 1965 c.510 §24]

 

46.030 [Amended by1953 c.112 §2; 1979 c.568 §6; repealed by 1995 c.658 §127]

 

46.040 [Amended by1963 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46.050 [Amended by1957 c.405 §3; 1961 c.724 §21; repealed by 1995 c.658 §127]

 

46.060 [Amended by1957 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c.495 §1; 1975 c.611 §18; 1983 c.149 §1; 1985 c.342 §1;1985 c.496 §28; 1985 c.588 §3a; 1987 c.714 §8; 1989 c.839 §33; repealed by 1995c.658 §127]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 by1965 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 by1957 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 by1955 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 by1995 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 by1957 c.661 §4; 1969 c.438 §1; repealed by 1995 c.658 §127]

 

46.110 [Amended by1967 c.391 §1; repealed by 1979 c.284 §199]

 

46.120 [Amended by1953 c.479 §4; 1973 c.827 §9; repealed by 1977 c.877 §17]

 

46.130 [Amended by1957 c.405 §4; 1961 c.724 §22; 1995 c.781 §34; repealed by 1995 c.658 §127]

 

46.140 [Repealed by1961 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 by1969 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 by1979 c.284 §199]

 

46.170 [Amended by1953 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 by1957 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 by1995 c.658 §127]

 

46.200 [Amended by1961 c.446 §2; 1969 c.96 §3; 1971 c.565 §16; repealed by 1975 c.611 §24]

 

46.210 [Amended by1955 c.459 §1; repealed by 1995 c.658 §127]

 

46.220 [Repealed by1953 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; 1985c.496 §8; 1987 c.725 §5; 1989 c.718 §17; 1991 c.538 §5; 1991 c.790 §5; 1995c.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 by1965 c.510 §19; repealed by 1965 c.619 §39]

 

46.240 [Amended by1961 c.563 §3; 1971 c.621 §9; repealed by 1973 c.381 §8]

 

46.250 [Amended by1975 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 by1969 c.96 §4; repealed by 1977 c.290 §5]

 

46.265 [1975 c.611 §7;repealed by 1995 c.658 §127]

 

46.270 [Amended by1971 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 by1973 c.484 §5; 1981 s.s. c.1 §11; 1983 c.763 §32; 1995 c.781 §35; repealed by1995 c.658 §127]

 

46.290 [Repealed by1981 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]

 

46.405Small 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 becommenced and prosecuted in the small claims department if the amount or valueclaimed in the action does not exceed $750.

(3)Except as provided in this section and ORS 46.455 (2)(c), an action for therecovery of money, damages, specific personal property, or any penalty orforfeiture may be commenced and prosecuted in the small claims department ifthe amount or value claimed in the action does not exceed $7,500.

(4)Class actions may not be commenced and prosecuted in the small claimsdepartment.

(5)Actions providing for statutory attorney fees in which the amount or valueclaimed does not exceed $750 may be commenced and prosecuted in the smallclaims department or may be commenced and prosecuted in the regular departmentof the circuit court. This subsection does not apply to an action based oncontract 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 circuitcourt need not have a small claims department if the circuit court and thejustice court enter into an intergovernmental agreement that provides that onlythe justice court will operate a small claims department. If anintergovernmental agreement is entered into under this subsection, theagreement must establish appropriate procedures for referring small claimscases to the justice court. [1971 c.760 §2; 1973 c.812 §2; 1975 c.592 §1; 1979c.567 §1; 1983 c.242 §1; 1985 c.367 §1; 1987 c.725 §1; 1995 c.227 §1; 1995c.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]

 

46.410 [Amended by1959 c.326 §1; 1965 c.569 §1; 1969 c.683 §1; repealed by 1971 c.760 §11]

 

46.415Circuit judges to sit in department; procedure. (1) The judgesof 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 objectbeing to dispense justice promptly and economically between the litigants. Theparties shall have the privilege of offering evidence and testimony ofwitnesses at the hearing. The judge may informally consult witnesses orotherwise investigate the controversy and give judgment or make such orders asthe judge deems to be right, just and equitable for the disposition of thecontroversy.

(4)No attorney at law or person other than the plaintiff and defendant and theirwitnesses shall appear on behalf of any party in litigation in the small claimsdepartment without the consent of the judge of the court.

(5)Notwithstanding the provisions of ORS 9.320, a corporation, the state or anycity, county, district or other political subdivision or public corporation inthis state, without appearance by attorney, may appear as a party to any actionin the small claims department and in any supplementary proceeding in aid ofexecution after entry of a small claims judgment.

(6)Assigned claims may be prosecuted by an assignee in small claims department tothe 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 by1971 c.760 §11]

 

46.425Commencement of actions; contents of claim. (1) An action in the smallclaims department shall be commenced by the plaintiff’s filing with the clerkof the court a verified claim in the form prescribed by the court, and by payingthe fee prescribed by ORS 46.570 (1)(a) for each action filed.

(2)The claim shall contain the name and address of the plaintiff and of thedefendant, followed by a plain and simple statement of the claim, including theamount and the date the claim allegedly accrued. The claim shall include anaffidavit signed by the plaintiff and stating that the plaintiff made a bonafide effort to collect the claim from the defendant before filing the claimwith the clerk.

(3)Except in actions arising under ORS chapter 90, the plaintiff must include in aclaim all amounts claimed from the defendant arising out of a singletransaction or occurrence. Any plaintiff alleging damages on a transactionrequiring installment payments need only claim the installment payments due andowing as of the date of filing of the claim, and need not accelerate theremaining payments. The plaintiff may include in a claim all amounts claimedfrom a defendant on more than one transaction or occurrence if the total amountof the claim does not exceed $7,500.

(4)Notwithstanding subsection (3) of this section, a plaintiff bringing an actionon assigned claims:

(a)Need bring an action only on those claims that have been assigned as of thedate the action is filed; and

⚖️ State Laws