2015 ORS 46.455¹
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 (Notice of claim):

(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 defendants 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 (Filing fee for tort and contract actions). The request shall designate a mailing address to which a summons and copy of the complaint may be served by mail. Thereafter, the plaintiffs 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]

Atty. Gen. Opinions

Govern­mental bodies as exempt from court costs when defendant settles claim, (1972) Vol 36, p 92; pay­ment of district court filing fees where defendant asserts right to jury and case is moved to district court, (1978) Vol 38, p 1705

Law Review Cita­tions

55 OLR 188-196 (1976)


1 Legislative Counsel Committee, CHAPTER 46—Small Claims Department of Circuit Court, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors046.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 46, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano046.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.