(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 defendant’s 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. The request shall designate a mailing address 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 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]
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.