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SC PTF Next Steps (Oregon)

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Small Claims – Petitioner’s Instructions
Page 1 of 6
(Dec 2017)
SMALL CLAIMS INSTRUCTIONS FOR PLAINTIFFS
HOW DO YOU “SERVE” THE DEFENDANT?
The plaintiff must officially notify all defendants that a case has been filed. This is known as service.
Important Note: If you are suing the Department of Corrections or any other state agency, you
MUST serve BOTH the agency and the Attorney General. You must also send copies of anything
you file to the Attorney General (see below for information about service).
Acceptance of Service – You can ask the defendant to sign an Acceptance of Service form as
an alternative to formal service. The defendant can accept the claim and other papers from you and
sign the form to prevent having a sheriff or process server perform service. Signing the
Acceptance of Service does not mean the defendant agrees with anything in your claim, only
that he or she received the papers. NOTE: this is NOT required.
If the defendant does not want to sign the Acceptance of Service, you must use another method.
There are four ways you can serve a defendant after you file your claim:
NOTE: Serving Public Bodies – If you are suing the state, use personal service to serve the
Attorney General. Or your server can leave the papers with a deputy, assistant, or clerk at the
Attorney General’s office. For any other public body, you can use personal service or office service
on an officer, director, managing agent, or lawyer for the defendant. If you are suing any state
agency, you must also serve all papers on the state Attorney General.
1. Personal Service:
a. By Process Server: Take a copy of the claim to the sheriff’s office in the county where the
defendant is located and have a sheriff’s officer serve the defendant. The sheriff’s office
charges a fee for service. You can also hire a private process server of your choice.
b. By a Non-Party: Have a competent* person 18 years or older serve the papers. The
server must be a resident of Oregon or the state where the defendant is. The server
cannot be a party to the case (plaintiff or defendant), or the lawyer for a party. The
server cannot be an employee or director/ officer of any defendant. If you have safety
concerns, have the sheriff serve the defendant.
*competent means a person who can understand, remember, and tell others about an event
A Certificate of Service must be filed with the court by whoever serves the
defendant, including the date of service and the name of the person served
2. Substituted Service: The process server may leave the notice at the defendant’s residence
(where the defendant normally lives) with someone 14 or older who lives there. The process
server must also mail a copy of the papers (with a statement of the date, time, and place that
the papers were served) to the respondent by first class mail. Make sure the process server
completes a Certificate of Service. The date of service is the day the first class mailing is
put in the mail.
If these instructions do not answer your questions, you can call the Oregon State
Bar 503.684.3763, or go to www.oregonstatebar.org. The website
www.courts.oregon.gov has several useful resources including links to the Oregon
Revised Statutes and Oregon Administrative Rules. The court clerk may answer
questions about filing procedures, but cannot give legal advice.
Small Claims – Petitioner’s Instructions
Page 2 of 6
(Dec 2017)
3. Office Service: The process server may leave the papers with someone in charge of the
defendant’s office or normal workplace. The process server must also mail a copy of the
papers (with a statement of the date, time, and place that the papers were served) to the
respondent by first class mail. Make sure the process server completes a Certificate of
Service. The date of service is the day the first class mailing is put in the mail.
1. By Mail: Send a copy by certified mail, return receipt requested, Restricted Delivery
(delivery only to the addressee). You must file proof of service with the court, including
the signed green card, date of receipt and item number along with a Certificate of
Service by Mail. If you do not receive the green card back, or if someone other than
the defendant signed for it, service by mail was not effective and you must try another
type of service. The date of service is the day the defendant signs the green receipt card.
2.
3.
4.
5.
6.
7.
8.
9.
10.
THE DEFENDANT CAN …
Pay the Claim within 14 days of receiving service. This includes your court fees and costs.
Payment should come directly to you. Defendant may provide proof to the court that the claim is
paid, and you may file a notice with the court to dismiss your claim. You are free to settle with the
defendant for any amount at this point. If you are suing to return property, the defendant can
return the property to you.
Or
Deny the Claim – A defendant who does not agree with any part of your claim can file a
response within 14 days of service denying the claim and requesting a hearing or jury trial.
Defendants may also file claims against you called “counterclaims.” Counterclaims must be related
to the transaction or event that your claim is about. Jury trials are available only if the amount of
either the claim or counterclaim is over $750.
Proof of Service
The Certificates are your proof of service. An original Certificate of Service or
Acceptance of Service must be filed with the court for your case to proceed,
regardless of the method of service.
If proof of service is not filed within 63 days of filing your Petition, your case
may be dismissed without notice to you
Small Claims – Petitioner’s Instructions
Page 3 of 6
(Dec 2017)
If the defendant denies the claim, you will be notified by mail of the date and time to appear for a
hearing. If you cannot appear at the time set, you must give a good reason in writing to the court at
least 14 days before the hearing date.
If the defendant demands a jury trial, you must file a formal complaint within 20 days after the
court sends you notice to do so. If you don’t, the case will be dismissed and you may have to pay the
defendant’s fees plus a prevailing party fee. Be aware that additional fees will be due from you. You
should see a lawyer. The court does not provide forms or samples of formal complaints.
IF THE DEFENDANT DOES NOT RESPOND
If the defendant does not file a response within 14 days of the date of service, you can ask the court
to grant you a default judgment. This means that you win because the defendant did not respond.
You must file a request for default judgment with the court within 35 days from the date the proof
of service was filed, or your case may be dismissed without notice to you. You may have to re-file
your claim and pay filing fees again if this happens.
For public body defendants – you must send a notice of your intent to apply for default to the
defendant before filing for default. For state agencies you must also send a copy of the notice to the
Attorney General. The court cannot issue a default less than 10 days from the day you serve the
notice on the defendant (and the Attorney General if necessary). You must formally serve this
notice according to Oregon Rule of Civil Procedure 9. You must also file a proof of service with the
court.
Fill out the Motion for Default Judgment & Defendant Status Declaration, and complete
a Small Claim General Judgment. File both with the court clerk. The prevailing party fee is
listed at ORS 20.190
.
If you request more than 9% post-judgment annual interest, you must provide the court with a
copy of the contract at the time you request a Default Judgment
You must provide a Declaration of Non-Military Service before the court can order a default
judgment. This is part of the Motion for Default Judgment. If the defendant is in active
military service, you cannot get a default judgment unless the servicemember has waived
protection under the Servicemember’s Civil Relief Act. This federal law starts at 50 U.S.C. § 3901.
Your local law librarian can help you find it, or go to www.law.cornell.edu
*
(under Get the Law
click U.S. Code, then click Title 50 and Chapter 50). SCRA does not apply to all military
servicemembers at all times.
If the defendant is in the military, you should see a lawyer before trying to get a default judgment.
If a default is not done properly, the defendant can re-open the case after returning from service.
Be aware that if you knowingly make false statements about the defendant’s status, you may face
both federal and state penalties.
If you know the defendant is not in the military, you must state facts that explain how you know.
Some things that are not supporting facts are: he has long hair, he has problems with authority, she
does drugs, she’s too old, or he is not a U.S. citizen.
If you have the defendant’s Social Security Number or date of birth, you can go to the Department
of Defense’s website at https://scra.dmdc.osd.mil/scra/#/home
to find out if the defendant is in
*
This is an outside site maintained by Cornell University. The Oregon Judicial Department is not responsible for any
information on this site. Links may have moved.
Small Claims – Petitioner’s Instructions
Page 4 of 6
(Dec 2017)
active service. This site can give you a free statement of service status that you can print out (called
a “certificate of service” on the website). Attach this statement, or a printout of the screen, to your
motion. You can also call 571.372.1100 for military verification. Put the date and the name of the
person you spoke with on your motion. If you don’t have the Social Security Number or date of
birth, commercial websites may be able to provide information.
I
f you don’t know whether the defendant is in the military and have checked the website, or don’t
have the necessary information, mark “I am unable to determine whether this person is in military
service” and add any facts that you do know. The judge will decide whether to grant the default.
Y
OU ARE STRONGLY ADVISED TO TALK TO A LAWYER IF DEFENDANT IS IN THE
MILITARY! Contact the Oregon State Bar at the number above for help finding a lawyer.
* * * * *
The court will send you a notice telling you whether your default was granted
MEDIATION
Many courts have mediation programs for small claims. Some may require mediation before a
judge will hear your case. If a defendant files a response denying the claim or making a
counterclaim against you, the court may schedule mediation for both parties. Mediation is
confidential.
Mediation has many benefits:
Mediation brings all of the parties together to discuss the dispute with a trained, neutral mediator.
Mediation offers a last chance to maintain control over the outcome of the dispute before turning it
over to a judge. Remember, no matter how right you think you are, you may not win the case.
A mediated agreement is enforceable once a judgment is entered.
If mediation is unavailable or if you are unable to resolve the dispute through mediation, a trial will
be set. Be prepared to present your case at the date and time on your notice of trial.
PREPARING FOR TRIAL
Small claims trials are informal so that the parties can handle their own cases. Lawyers cannot
appear without special permission of the court. The plaintiff first, and the defendant second, will
present sworn testimony, evidence, and witnesses to the judge. The judge is only interested in facts.
Your testimony should be brief and to the point. You may use written notes, but do not expect the
judge to read a written statement.
You, as the plaintiff, must prove your case. The defendant must prove any counterclaims
(counterclaims are claims the defendant has against you. They are NOT defenses to your claims
against the defendant). Come prepared with factual evidence like receipts, a written contract, police
reports, witnesses, etc.
Bring the following to support your claim:
Records, documents, bills, original contracts, photos, written repair estimates, etc. Make copies of
any material that you may wish to submit to the court and bring the copies AND the originals to
court. You may also want to bring copies for the defendant’s reference.
On the day of your trial, be sure to allow plenty of time to get through security and find your
courtroom. Be prepared to present your case at the time listed on your trial notice.
Anything you present to the court may be viewed by the other party and may become part of the
public record. It may be possible to protect certain kinds of information from disclosure. Talk to a
lawyer if you are concerned.
Small Claims – Petitioner’s Instructions
Page 5 of 6
(Dec 2017)
COURTROOM RULES:
JUDGMENT
Once your trial is over, the judge will make a decision. You could:
Lose the case. You cannot collect money from the defendant if you lose.
Win the full amount of your claim
Win some of your claim, but not all of it
Win either the full amount or some of the amount, and lose against a defendant’s
counterclaim
.
o G
enerally, if you and the defendant both asked for money, the amount you lost
(counterclaims) will be subtracted from the amount you won.
o If the counterclaim is for more than you won, then you may win your claim, but still
have to pay the defendant money. For example, if you claim $100 and th
e
co
unterclaim is for $150 and the judge decides that you both win, then you will have to
pay the defendant $50 ($150 counterclaim - $100 claim = $50).
T
he judge will tell you who has to fill out the Judgment form. Then the Judgment form has to be
given to the judge to sign. This form says how much the award is for, and who gets paid (if anyone).
T
he “judgment creditor” is the person who gets paid, and the “judgment debtor” is the person who
has to pay
T
he party who wins is the prevailing party. The prevailing party may be entitled to additional
money called a “prevailing party fee.” The judge may tell you how much the fee is, or you can look it
up at ORS 20.190
. Write that amount in the “prevailing party fee” box.
N
OTE: There is NO APPEAL from a Small Claims judgment. The judge’s decision is final.
HOW TO COLLECT AFTER JUDGMENT
Demand Letter
Once you receive your notice that the judgment was entered, you must send the defendant a written
demand for payment. This letter must be sent by certified mail, return receipt requested.
K
eep a copy of the demand letter and the receipt card showing the recipient’s signature. Your
demand letter should say that you are making a demand for payment and give the debtor the total
balance due and a deadline (usually 10 – 30 days). The judgment will give you the total amount the
court entered as due to you.
If y
ou are still not paid after sending the demand letter, several options are available to you. Go to
www.courts.oregon.gov
for more information.
*Appropriate dress is required. See UTCR 3.010 and the local court rules. The judge may
ask you to leave the courtroom if you are not dressed appropriately.
*Caps and hats must be removed upon entering the courtroom
*Food and drinks are not allowed in the courtroom
*Weapons are not allowed anywhere in the court building
*Pagers, cell phones, and all other electronic devices that may disrupt court proceeding
s
m
ust be turned off (not just silenced, because signals interfere with recordings)
*Audio or video recording is not permitted without advance permission of the judge
Small Claims – Petitioner’s Instructions
Page 6 of 6
(Dec 2017)
SATISFACTIONS
A “Satisfaction” is a form that tells the court that your judgment has been paid (satisfied). You
MUST file a Satisfaction of Judgment when you have received full payment on the money
award portion of your judgment. You may also file a Satisfaction of Judgment anytime you receive
a payment. A “partial satisfaction” means you have received payment, but not the full amount. A
“full satisfaction” means the award is paid in full. You must also send a copy of the Satisfaction of
Judgment to the other party. Satisfaction of Judgment forms are available online or at the court,
and there is no fee to file this form.
Satisfactions must be notarized. Many banks can do this. You must bring photo I.D. with you and
sign the form in front of the notary public.
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF
Case No: _________________
Plaintiff
v.
ACCEPTANCE OF
SERVICE
Defendant
I am the Defendant in this matter.
On (date) I received a copy of (check all that apply):
Small Claim and Notice of Small Claim Summons Information on mediation
Other:
I hereby declare that the above statements are true to the best of my knowledge and
belief. I understand they are made for use in court and I am subject to penalty for
perjury.
Date Signature
Name (printed)
Address City/State/Zip Telephone
;
;
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF
Case No. ___________________
Plaintiff
v.
CERTIFICATE OF
SERVICE BY MAIL
Defendant
(Small Claim)
I am the Plaintiff in this case. I mailed true copies of the Small Claim and Notice of Claim by
certified mail and by first class mail to the Defendant as follows.
I certify that on (date) , I mailed a true copy of the Small Claim and
Notice of Claim to the defendant (name) at the
following address:
I hereby declare that the above statements are true to the best of my knowledge and
belief, and that I understand they are made for use as evidence in court and I am
subject to penalty for perjury.
Submitted by:
Date Signature
Print Name
Contact Address City, State, ZIP Telephone
;
;
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF
Case No: ____________________
CERTIFICATE OF SERVICE
Plaintiff
(ORCP 7D(2))
v.
□ (a) Personal Service
□ (b) Substitute Service
□ (c) Office Service
□ (d) Service by Mail
Defendant
I, (name) , declare that I am a resident of the state of
. I am a competent person 18 years of age or older and not a party to
or lawyer in this case. I certify that the person served is the person named below.
I served true copies of the original Petition, Claim, or Complaint and Summons (with attached
notices of mediation and other information provided by the court clerk) and: (name any
additional forms served)
by (check a, b, c, or d and complete all information):
(a) □ Personal Service on (date) , at a.m./p.m., to {□
Plaintiff □ Defendant } (name) in person at the following
address in the County of
, State of .
(b) □ Substitute Service on (date) , at a.m./p.m., by
delivering them to the following address in
the County of , State of . Delivered to (name)
, who is a person age 14 or older and who lives there.
(Complete the section below only if the server also did the follow-up mailing required by ORCP
7D(2)(b). If a person other than the server did the follow-up mailing, that person must complete
a separate Certificate of Service Mailing.)
□ On (date) , I personally deposited a true copy of the same
documents served with the U.S. Postal Service, via first class mail, in a sealed envelope, postage
paid, addressed to the party to be served: □ Plaintiff □ Defendant
(name), at the party’s home address listed above, together with a statement of the
date, time and place that the documents were hand-delivered to the party’s dwelling (residence).
(c) □ Office Service on (date) , at a.m./p.m., by delivering
them to the office of the party to be served, located at:
(address), during normal working hours for that office, where I left
the documents with (name), who is a person apparently in
charge, to give the documents to the party to be served.
(Complete the section below only if the server also did the follow-up mailing required by ORCP
7D(2)(c). If a person other than the server did the follow-up mailing, that person must complete a
separate Certificate of Service Mailing.)
;
;
□ On (date) , I personally deposited a true copy of the same
documents served with the U.S. Postal Service, via first class mail, in a sealed envelope, postage
paid, addressed to the party to be served: □ Plaintiff □ Defendant (name)
, at the party’s: □ home address at:
, OR business address above, together with a statement of
the date, time and place that the documents were hand-delivered to the party’s office.
(d) □ Service by Mail, Return Receipt Requested on (date) , I
personally deposited two true copies with the U.S. Postal Service. One by first class mail, and the
other by certified or registered mail, Return Receipt Requested, or by express mail, postage paid,
addressed to the party to be served: □ Plaintiff □ Defendant
(name), at the party’s home address located at:
(address). (NOTE: If mailed Return Receipt
Requested, the return receipt must be attached to this Certificate of Service.)
I hereby declare that the above statements are true to the best of my knowledge and
belief, and that I understand they are made for use as evidence in court and I am
subject to penalty for perjury.
Date Signature of Server
Print Name
If person serving is NOT a sheriff or sheriff’s deputy, address and phone number of server:
EFILING INFORMA T ION
If you chose to electronically file your forms there are a few things you need to know.
1) eFiling happens through the Oregon Judicial Department File and Serve (File and Serve)
system. Your Guide and File account gives you access to File and Serve, you don’t have to
register separately.
2) eFiled documents can take up to 3 business days to process.
3) You can view the status of your filing by logging into the File and Serve website at
https://oregon.tylerhost.net/
The statuses you might see are:
a. Submitting - The filing is in the process of being submitted to the court.
b. Submitted - You filing has been submitted to the court and is waiting for
court staff to review your filing for acceptance.
c. Under Review - The court has begun reviewing your filing.
d. Accepted - The court has accepted your filing.
e. Rejected - The court has rejected the filing because it fails to comply with
court rules or procedures. Review the rejection email for details. Speak to a
lawyer if you don’t understand why your filing was rejected or don’t know
how to fix it. NOTE: be aware of any filing deadlines that may apply to your
case. Court staff cannot give you legal advice. If you have a deadline coming
up, talk to a lawyer about how to handle your filing.
f. Processing - The filing is being added to the court’s case management system.
g. Receipted - The filing is not a “filed” document, just information that is not
sent to the court or part of the case record.
4) You will receive an email from File and Serve when your filing is submitted, and when it
is accepted or rejected.
a. If your filing is rejected your will need to resubmit your filing. OJD recommends
you deliver a hard (paper) copy of your filing to the court if your eFiling is
rejected.
b. Emails come from no-reply@tylerhost.net. Make sure these emails do not go to
your spam folder. Ask your internet or email provider about how to do this.
5) Y ou can return to File and Serve directly to eFile your proofs of service and other
documents later in your case. To learn more about how to use File and Serve go to
https://oregon.tylerhost.net/ and watch the videos under the TRAIN section. There are
specific court rules that apply to electronic filings. Those rules can be found at:
www.courts.oregon.gov/utcr, under
UniformTrial Court Rules, Chapter 21.
6) Y ou can also sign up to receive eService notifications through File and Serve. Follow the
instructions on the next page. EService is NOT for court notifications, it allows other
parties to serve you by email when they file something in this case. More information is
below.
HOW T O SIGN-UP FOR ELECT RONI C SERVI CE
After you submit your filing electronically, you can choose to receive service from other parties
on the case by email. File and Serve will send you emails when another party submits a
response, motion, or other filing with the court and chooses to eServe you.
Follow these steps if you want other parties to be able to serve you electronically
1
:
1) Go to the File & Serve website at https://oregon.tylerhost.net/
2) Sign into File and Serve using the same user name and password you used when
submitting your filing in Guide and File.
3) File and Serve will display a list of your filings.
4) Select the Service Contacts button next to your filing to add your service contact
information to the case. The Manage Case Service Contacts box will appear.
5) Select your name and click Add New.
6) Add your first and last name, and your email address. This is the email where you will
receive service information from other parties. The court cannot send you notice of
hearings or other information electronically.
7) To save your contact information to use in future cases select
8) Click Save.
9) Y ou are now signed up to receive service of documents by email for that case.
1
Note: eService will only apply to individual cases where y ou have selected eService by following these
directions. If you have other cases – ev en with the same parties – y ou will continue to receive non-
electronic service.
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SC PTF Next Steps (Oregon)

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Completed 19 July 2020

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