(2) If the defendant fails to pay the claim, demand a hearing, or demand a jury trial and comply with ORS 46.465 (3)(c), upon written request from the plaintiff the clerk shall enter a judgment against the defendant for the relief claimed plus the amount of the small claims filing fees and service expenses paid by the plaintiff and the prevailing party fee provided by ORS 20.190.
(3) If the plaintiff fails within the time provided to file a formal complaint pursuant to ORS 46.465 (3)(a), the clerk shall dismiss the case without prejudice.
(4) If the defendant appears at the time set for hearing but no appearance is made by the plaintiff, the claim shall be dismissed with prejudice. If neither party appears, the claim shall be dismissed without prejudice.
(5) Upon good cause shown within 60 days, the court may set aside a default judgment or dismissal and reset the claim for hearing. [1971 c.760 §9; 1977 c.875 §6; 1985 c.496 §15; 1991 c.111 §6; 1995 c.618 §§8,8a; 1995 c.658 §51; 1997 c.46 §§12,13; 1999 c.84 §10; 2011 c.595 §52]
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.