(2) The notice shall be directed to the defendant, naming the defendant, and shall contain a copy of the claim.
(3) The notice and claim shall be served upon the defendant either in the manner provided for the service of summons and complaint in proceedings in the circuit courts or by certified mail, at the option of the plaintiff. If service by certified mail is attempted, the plaintiff shall mail the notice and claim by certified mail addressed to the defendant at the last-known mailing address of the defendant. The envelope shall be marked with the words "Deliver to Addressee Only" and "Return Receipt Requested." The date of delivery appearing on the return receipt shall be prima facie evidence of the date on which the notice and claim was served upon the defendant. If service by certified mail is not successfully accomplished, the notice and claim shall be served in the manner provided for the service of summons and complaint in proceedings in the circuit courts.
(4) The notice shall include a statement in substantially the following form:
______________________________________________________________________________
NOTICE TO DEFENDANT:
READ THESE PAPERS CAREFULLY!!
Within 14 DAYS after receiving this notice you MUST do ONE of the following things:
Pay the claim plus filing fees and service expenses paid by plaintiff OR
Demand a hearing OR
Demand a jury trial
If you fail to do one of the above things within 14 DAYS after receiving this notice, then upon written request from the plaintiff the clerk of the court will enter a judgment against you for the amount claimed plus filing fees and service expenses paid by the plaintiff, plus a prevailing party fee.
If you have questions about the small claims court filing procedures after reading this notice, you may contact the clerk of the court; however, the clerk cannot give you legal advice on the claim.
______________________________________________________________________________ [1971 c.760 §6; 1977 c.875 §4; 1977 c.877 §9a; 1989 c.741 §1; 1991 c.111 §4; 1991 c.195 §2; 1995 c.658 §47; 1997 c.872 §§8,9]
Structure 2021 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Chapter 046 - Small Claims Department of Circuit Court
Section 46.405 - Small claims department; jurisdiction.
Section 46.415 - Circuit judges to sit in department; procedure.
Section 46.425 - Commencement of actions; contents of claim.
Section 46.445 - Notice of claim; content; service.
Section 46.455 - Admission or denial of claim; request for jury trial.
Section 46.461 - Counterclaims; fee; transfer of case to circuit court.
Section 46.475 - Additional time for appearances; default and dismissal.
Section 46.485 - Extent and effect of small claims judgment.
Section 46.488 - Lien effect of small claims judgments.