ORS Chapter 55 - Oregon Statutes

Chapter 55 — SmallClaims

 

2009 EDITION

 

SMALLCLAIMS

 

JUSTICECOURTS

 

55.011       Smallclaims department; jurisdiction

 

55.020       Commencementof action

 

55.030       Contentsof claim

 

55.040       Verificationand prosecution of claim

 

55.045       Noticeof claim; content; service

 

55.055       Explanationto plaintiff of how notice may be served

 

55.065       Admissionor denial of claim; request for jury trial

 

55.075       Timeand place of hearing; procedure if right to jury trial asserted; fees

 

55.077       Additionaltime for appearances; default and dismissal

 

55.080       Formalpleadings unnecessary; issuance of attachment, garnishment or execution; costsof execution taxable

 

55.090       Rightof attorneys or persons not a party to appear; witnesses; disposition ofcontroversy; appearance by attorney not required for certain parties

 

55.095       Counterclaim;procedure; fee; transfer of jurisdiction

 

55.100       Paymentof judgment

 

55.110       Conclusivenessof judgment; appeal; costs and fees on appeal

 

55.120       Formof appeal; bond; proceedings in circuit court; no further appeal

 

55.130       Enforcementof judgment when no appeal is taken; fees

 

55.140       Separatedocket for small claims department

 

      55.010 [Amended by1955 c.44 §1; 1959 c.326 §2; repealed by 1963 c.404 §1 (55.011 enacted in lieuof 55.010)]

 

      55.011Small claims department; jurisdiction. (1) Except as provided in subsection(8) of this section, in each justice court created under any law of this statethere 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 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 justice court. This subsection does not apply to an action based oncontract for which attorney fees are authorized under ORS 20.082.

      (6)Jurisdiction of the person of the defendant in an action commenced in the smallclaims department shall be deemed acquired as of the time of service of thenotice and claim.

      (7)Except as provided in ORS 55.065 (2)(c), the provisions of ORS 55.020 to 55.140shall apply with regard to proceedings in the small claims department of anyjustice court.

      (8)If a justice court is located in the same city as a circuit court, the justicecourt need not have a small claims department if the justice court and thecircuit court enter into an intergovernmental agreement that provides that onlythe circuit 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 circuit court. [1963 c.404 §2 (enacted in lieu of 55.010); 1965c.569 §2; 1973 c.625 §3; 1973 c.812 §7; 1975 c.346 §2a; 1975 c.592 §2; 1983c.673 §6; 1985 c.367 §3; 1987 c.725 §3; 1989 c.583 §1; 1995 c.227 §4; 1997c.801 §108; 1999 c.84 §5; 1999 c.673 §4; 2001 c.542 §6; 2007 c.125 §5]

 

      55.020Commencement of action. An action in the small claims department shall becommenced by the plaintiff appearing in person or by agent or assignee beforethe court and filing a verified claim in the form prescribed by the justice ofthe peace along with the fee prescribed by ORS 51.310 (1)(c). [Amended by 1989c.583 §2]

 

      55.030Contents of claim.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 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 justice court. [Amended by 1977 c.875 §11; 1989 c.583 §3]

 

      55.040Verification and prosecution of claim. All claims shall be verified by thereal party in interest, the agent or assignee of the party. Any claim may befiled and prosecuted in the small claims department by such agent or theassignee of the cause of action upon which recovery is sought.

 

      55.045Notice of claim; content; service. (1) Upon the filing of a claim, thecourt shall issue a notice in the form prescribed by the court.

      (2)The notice shall be directed to the defendant, naming the defendant, and shallcontain a copy of the claim.

      (3)If the amount or value claimed is $50 or more, the notice and claim shall beserved upon the defendant in the manner provided for the service of summons andcomplaint in proceedings in the circuit courts.

      (4)If the amount or value claimed is less than $50, the notice and claim shall beserved upon the defendant either in the manner provided for the service ofsummons and complaint in proceedings in the circuit courts or by certifiedmail, at the option of the plaintiff. If service by certified mail isattempted, the court shall mail the notice and claim by certified mailaddressed to the defendant at the last-known mailing address of the defendant withinthe territorial jurisdiction of the court. The envelope shall be marked withthe words “Deliver to Addressee Only” and “Return Receipt Requested.” The dateof delivery appearing on the return receipt shall be prima facie evidence ofthe date on which the notice and claim was served upon the defendant. Ifservice by certified mail is not successfully accomplished, the notice andclaim shall be served in the manner provided for the service of summons andcomplaint in proceedings in the circuit courts.

      (5)The notice shall include a statement in substantially the following form:

______________________________________________________________________________

 

NOTICE TODEFENDANT:

READ THESEPAPERS CAREFULLY!

 

      Within14 DAYS after receiving this notice you MUST do ONE of the following things:

      Paythe claim plus fees and service expenses paid by plaintiff OR

      Demanda hearing OR

      Demanda jury trial

      Ifyou fail to do one of the above things within 14 DAYS after receiving thisnotice, then upon written request from the plaintiff, the court will enter ajudgment against you for the amount claimed plus fees and service expenses paidby the plaintiff.

      Ifyou have questions about this notice, you should contact the court immediately.

______________________________________________________________________________

 

[1989c.583 §5]

 

      55.050 [Amended by1965 c.619 §28; 1977 c.875 §12; 1981 s.s. c.3 §95; 1987 c.829 §2; repealed by1989 c.583 §11]

 

      55.055Explanation to plaintiff of how notice may be served. The justice ofthe peace shall provide to each plaintiff who files a claim with the smallclaims department of the court of the justice of the peace a writtenexplanation of how notice may be served in actions in the department. [1977c.875 §21]

 

      55.060 [Amended by 1977c.875 §13; repealed by 1989 c.583 §11]

 

      55.065Admission or denial of claim; request for jury trial. Within 14 daysafter the date of service of the notice and claim upon the defendant asprovided in ORS 55.045:

      (1)If the defendant admits the claim, the defendant may settle it by:

      (a)Paying to the court the amount of the claim plus the amount of the small claimsfee and service expenses paid by the plaintiff. The court shall pay to theplaintiff the amounts paid by the defendant.

      (b)If the claim is for recovery of specific personal property, delivering theproperty to the plaintiff and paying to the plaintiff the amount of the smallclaims fee and service expenses paid by the plaintiff.

      (2)If the defendant denies the claim, the defendant:

      (a)May demand a hearing in the small claims department in a written request to thecourt in the form prescribed by the court, accompanied by payment of thedefendant’s fee prescribed; and

      (b)When demanding a hearing, may assert a counterclaim in the form provided by thecourt; or

      (c)If the amount or value claimed exceeds $750, may demand a jury trial in awritten request to the court in the form prescribed by the court, accompaniedby payment of the appearance fee prescribed by ORS 51.310 (1)(b) together withthe trial fee prescribed by ORS 52.410. The request shall designate a mailingaddress 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 inthe claim, though it must involve the same controversy. [1989 c.583 §6; 1995c.227 §3]

 

      55.070 [Amended by1957 c.6 §1; 1965 c.619 §29; 1973 c.393 §3; 1977 c.875 §14; 1977 c.877 §14a;1979 c.284 §87; repealed by 1989 c.583 §11]

 

      55.075Time and place of hearing; procedure if right to jury trial asserted; fees. (1) If thedefendant demands a hearing in the small claims department of the court, thecourt shall fix a day and time for the hearing and shall mail to the parties anotice of the hearing time in the form prescribed by the court, instructingthem to bring witnesses, documents and other evidence pertinent to thecontroversy.

      (2)If the defendant asserts a counterclaim, the notice of the hearing time shallcontain a copy of the counterclaim.

      (3)If the defendant claims the right to a jury trial, the court shall notify theplaintiff to file a formal complaint within 20 days following the mailing ofsuch notice. The notice shall instruct the plaintiff to serve a summons andcopy of the complaint by mail on the defendant at the designated address of thedefendant. Proof of service of the summons and complaint copy may be made bycertificate of the plaintiff or plaintiff’s attorney attached to the complaintprior to its filing. The plaintiff’s claim in such formal complaint is notlimited to the amount stated in the claim filed in the small claims departmentbut it must involve the same controversy. The defendant shall have 10 days inwhich to move, plead or otherwise appear following the day on which the summonsand copy of the complaint would be delivered to the defendant in due course ofmail. Thereafter, the cause shall proceed as other causes in the justice court,and costs and disbursements shall be allowed and taxed and fees not previouslypaid shall be charged and collected as provided in ORS 51.310 and 52.410 forother cases tried in justice court, except that the appearance fee forplaintiff shall be an amount equal to the difference between the fee paid bythe plaintiff as required by ORS 51.310 (1)(c) and the fee required of aplaintiff by ORS 51.310 (1)(a). [1989 c.583 §8]

 

      55.077Additional time for appearances; default and dismissal. (1) Uponwritten request, the court may extend to the parties additional time withinwhich to make formal appearances required in the small claims department.

      (2)If the defendant fails to pay the claim, demand a hearing or demand a jurytrial, upon written request from the plaintiff, the court shall enter ajudgment against the defendant for the relief claimed plus the amount of thesmall claims fee and service expenses paid by the plaintiff.

      (3)If the plaintiff fails within the time provided to file a formal complaintpursuant to ORS 55.075 (3), the court shall:

      (a)Dismiss the case without prejudice; and

      (b)If the defendant applies therefor in writing to the court not later than 30days after the expiration of the time provided for the plaintiff to file aformal complaint, refund to the defendant the amount of the jury trial fee paidby the defendant under ORS 55.065 (2)(c).

      (4)If the defendant appears at the time set for hearing but no appearance is madeby the plaintiff, the claim shall be dismissed with prejudice. If neither partyappears, the claim shall be dismissed without prejudice.

      (5)Upon good cause shown within 60 days, the court may set aside a defaultjudgment or dismissal and reset the claim for hearing. [1989 c.583 §9]

 

      55.080Formal pleadings unnecessary; issuance of attachment, garnishment or execution;costs of execution taxable. No formal pleading, other than the claim andnotice, shall be necessary. The hearing and disposition of all actions shall beinformal, the sole object being to dispense justice between the litigantspromptly. No attachment, garnishment or execution shall issue from the smallclaims department on any claim except as provided in this chapter. A prevailingparty’s costs in securing and service of such execution shall be taxed againstthe other party and recoverable as part of the judgment. [Amended by 1971 c.179§1; 1977 c.875 §15]

 

      55.090Right of attorneys or persons not a party to appear; witnesses; disposition ofcontroversy; appearance by attorney not required for certain parties. (1) Except asmay otherwise be provided by ORS 55.040, no attorney at law nor any personother than the plaintiff and defendant shall become involved in or in anymanner interfere with the prosecution or defense of the litigation in thedepartment without the consent of the justice of the justice court, nor shallit be necessary to summon witnesses. But the plaintiff and defendant may offerevidence in their behalf by witnesses appearing at the hearing, and the justicemay informally consult witnesses or otherwise investigate the controversy andgive judgment or make such orders as the justice deems right, just andequitable for the disposition of the controversy.

      (2)Notwithstanding ORS 9.320, a corporation, state or any city, county, districtor other political subdivision or public corporation in this state may appearas a party to any action in the department without appearance by attorney. [Amendedby 1973 c.625 §4; 1987 c.158 §8; 1993 c.282 §3; 1997 c.808 §9]

 

      55.095Counterclaim; procedure; fee; transfer of jurisdiction. (1) Thedefendant in an action in the small claims department may assert as a counterclaimany claim that, on the date of issuance of notice pursuant to ORS 55.045, thedefendant may have against the plaintiff and that arises out of the sametransaction or occurrence that is the subject matter of the claim filed by theplaintiff.

      (2)If the amount of the counterclaim asserted by the defendant exceeds $7,500, thejustice of the peace shall strike the counterclaim and proceed to hear anddispose of the case as though the counterclaim had not been asserted unless thedefendant files with the counterclaim a motion requesting that the case betransferred from the small claims department to a court of appropriatejurisdiction and an amount to pay the costs of the transfer. After the transferthe plaintiff’s claim will not be limited to the amount stated in the claimfiled with the justice of the peace, though it must involve the samecontroversy.

      (3)(a)If the amount or value of the counterclaim exceeds the jurisdictional limit ofthe justice court for a counterclaim and the defendant files a motionrequesting transfer and an amount to pay the costs of transfer as provided insubsection (2) of this section, the case shall be transferred to the circuitcourt for the county in which the justice court is located and be governed asprovided in ORS 52.320 for transfers to the circuit court. The justice courtshall notify the plaintiff and defendant, by mail within 10 days following theorder of transfer, of the transfer. The notice to the plaintiff shall contain acopy of the counterclaim and shall inform the plaintiff as to further pleadingby the plaintiff in the court of appropriate jurisdiction.

      (b)Upon filing the motion requesting transfer, the defendant shall pay to thecourt of appropriate jurisdiction an amount equal to the difference between thefee paid by the defendant as required by ORS 51.310 (1)(c) and the appearancefee for a defendant in the court of appropriate jurisdiction. [1977 c.875 §22;1981 s.s. c.3 §96; 1983 c.673 §8; 1985 c.367 §4; 1987 c.725 §4; 1987 c.829 §3;1989 c.583 §7; 1995 c.658 §65; 1997 c.801 §109; 1999 c.84 §6; 2007 c.125 §6]

 

      55.100Payment of judgment.If the judgment is against a party to make payment, the party shall pay thesame forthwith upon the terms and conditions prescribed by the justice of thepeace. [Amended by 1977 c.875 §16]

 

      55.110Conclusiveness of judgment; appeal; costs and fees on appeal. The judgment ofthe court shall be conclusive upon the plaintiff in respect to the claim filedby the plaintiff and upon the defendant in respect to a counterclaim assertedby the defendant. The defendant may appeal if dissatisfied in respect to theclaim filed by the plaintiff. The plaintiff may appeal if dissatisfied inrespect to a counterclaim asserted by the defendant. A party entitled to appealmay, within 10 days after the entry of the judgment against the party, appealto the circuit court for the county in which the justice court is located. Iffinal judgment is rendered against the party appealing in the appellate court,that party shall pay, in addition to the judgment, an attorney’s fee to theother party in the sum of $10. Appeals from the small claims department shallonly be allowed in cases in which appeals would be allowed if the action wereinstituted and the judgment rendered in the justice courts, as is provided bylaw. [Amended by 1977 c.875 §17; 1985 c.342 §10; 1995 c.658 §66]

 

      55.120Form of appeal; bond; proceedings in circuit court; no further appeal. (1) The appealfrom the small claims department may be in the following form:

______________________________________________________________________________

 

      Inthe Circuit Court for ______ County, Oregon.

 

____________

      Plaintiff,

      vs.

____________

      Defendant.

 

      Comesnow _____, a resident of _____ County, Oregon, and appeals from the decision ofthe small claims department of the justice court for ______ District, ______County,Oregon, wherein a judgment for ______ dollars was awarded against the appellanton the ______ day of ______, 2__.

____________,Appellant.

______________________________________________________________________________

 

      (2)All appeals shall be filed with the justice of the peace and accompanied by abond, with satisfactory surety, to secure the payment of the judgment, costsand attorney’s fees, as provided in ORS 55.110. The appeal shall be tried inthe circuit court without any other pleadings than those required in thejustice court originally trying the cause. All papers in the cause shall becertified to the circuit court as is provided by law in other cases of appealsin civil actions in justice courts. The circuit court may require any other orfurther statements or information it may deem necessary for a properconsideration of the controversy. The appeal shall be tried in the circuitcourt without a jury. There shall be no appeal from any judgment of the circuitcourt rendered upon the appeal, but such judgment shall be final andconclusive. [Amended by 1977 c.875 §18; 1985 c.342 §11; 2005 c.22 §38]

 

      55.130Enforcement of judgment when no appeal is taken; fees. (1) If noappeal is taken by a party against whom a judgment to make payment is renderedand the party fails to pay the judgment according to the terms and conditionsthereof, the justice of the peace before whom the hearing was had, may, onapplication of the prevailing party, certify the judgment in substantially thefollowing form:

______________________________________________________________________________

 

      Inthe Justice Court for ______ District, ______ County, Oregon.

 

____________

      Plaintiff,

      vs.

____________

      Defendant.

 

      Inthe Small Claims Department

      Thisis to certify that in a certain action before me, the undersigned, had on this,the _____ day of _____, 2__, wherein ______ was plaintiff and _________was defendant, jurisdiction of the defendant having been had by personalservice (or otherwise), as provided by law, I then and there entered judgmentagainst the (defendant or plaintiff) in the sum of ___ dollars, which judgmenthas not been paid.

      Witnessmy hand this ___ day of ______, 2__.

__________________

Justice of thePeace

Sitting in theSmall

ClaimsDepartment.

______________________________________________________________________________

 

      (2)Upon the payment of a fee of $5 the justice of the peace shall forthwith enterthe judgment transcript on the docket of the justice court. Thereafterexecution and other process on execution provided by law may issue thereon asin other cases of judgments of justice courts, and transcripts of the judgmentsmay be filed and entered in judgment dockets in circuit courts with like effectas in other cases. [Amended by 1965 c.619 §30; 1977 c.875 §19; 1987 c.829 §4;1997 c.801 §134]

 

      55.140Separate docket for small claims department. Each justice of the peace shallkeep a separate docket for the small claims department of the court of thejustice of the peace, in which the justice of the peace shall make a permanentrecord of all proceedings, orders and judgments had and made in the smallclaims department.

_______________