What follows is a brief but informative summary of rules, procedures, and filings requirements for small claims court in Oregon. Keep in mind that rules and laws change. It’s always a good idea to confirm the rules with the court or with further research.
Maximum Jurisdictional Dollar Amount: The maximum dollar amount is $5,000.
Where Suit May Be Brought: Cases should be brought where the defendant resides or is found or where injury occurred. Contract cases may be brought where the performance expected.
Proper Manner of Service of Process upon Defendant: Service may be made by certified mail with return receipt, sheriff, constable or court-approved adult.
How the Hearing Date Is Selected: The hearing date is set by the court.
Attorney Representation Rule: Attorneys are not allowed unless court consents.
Special Provisions Regarding Transfer or Jurisdiction of Cases: If defendant counterclaims for more than $5,000, case goes to regular docket of appropriate court. If defendant’s claim is greater than $750 and she or he requests a jury trial, case goes to Circuit Court.
Availability of Appeals: Circuit Court cases cannot be appealed. Justice Court cases can be appealed by defendant for a new trial to Circuit Court within ten days.
Special Rules and Notes: Defendant must answer within 14 days or lose by default. Cases may be referred to mediation or arbitration.
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Michael Spadaccini is the author of 8 books on self-help legal matters such as, Ultimate LLC Compliance Guide: Covers All 50 States (Ultimate Series), Ultimate Book of Forming Corps, LLCs, Partnerships & Sole Proprietorships, and Ultimate Guide to Forming an LLC in Any State, Second Edition (Ultimate Series).
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