Chapter 46 — Chapter 46

ORS 46.260 [Amended by 1969 c.96 §4; repealed by 1977 c.290 §5]

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ORS 46.265 [1975 c.611 §7; repealed by 1995 c.658 §127]

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ORS 46.270 [Amended by 1971 c.224 §2; repealed by 1995 c.658 §127]

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ORS 46.274 [1955 c.664 §2; 1965 c.619 §23; 1971 c.621 §10; 1975 c.607 §12; 1979 c.833 §13; 1981 c.835 §3; 1981 s.s. c.3 §32; 1985 c.540 §15; 1995 c.273 §14; repealed by 1995 c.658 §127]

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ORS 46.275 [1977 c.876 §7; repealed by 1983 c.405 §5]

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ORS 46.276 [1955 c.664 §3; 1969 c.438 §2; 1987 c.586 §18; repealed by 1995 c.658 §127]

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ORS 46.278 [1977 c.876 §8; 1987 c.586 §19; repealed by 1995 c.658 §127]

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ORS 46.280 [Amended by 1973 c.484 §5; 1981 s.s. c.1 §11; 1983 c.763 §32; 1995 c.781 §35; repealed by 1995 c.658 §127]

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ORS 46.290 [Repealed by 1981 s.s. c.3 §141]

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ORS 46.300 [1959 c.552 §11; 1971 c.718 §3; 1979 c.568 §7; repealed by 1983 c.763 §9]

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ORS 46.330 [1975 c.611 §2; repealed by 1995 c.658 §127]

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ORS 46.335 [1975 c.611 §3; 1977 c.876 §2; 1995 c.244 §7; repealed by 1995 c.658 §127]

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ORS 46.340 [1975 c.611 §4; 1985 c.540 §16; 1995 c.244 §8; repealed by 1995 c.658 §127]

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ORS 46.345 [1975 c.611 §§8,9; 1981 s.s. c.3 §33; 1985 c.496 §11; repealed by 1995 c.658 §127]

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ORS 46.350 [1975 c.611 §11; repealed by 1985 c.540 §47]

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ORS 46.405 Small claims department; jurisdiction. (1) Except as provided in subsection (6) of this section, each circuit court shall have a small claims department

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ORS 46.410 [Amended by 1959 c.326 §1; 1965 c.569 §1; 1969 c.683 §1; repealed by 1971 c.760 §11]

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ORS 46.415 Circuit judges to sit in department; procedure. (1) The judges of a circuit court shall sit as judges of the small claims department

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ORS 46.420 [Repealed by 1971 c.760 §11]

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ORS 46.425 Commencement of actions; contents of claim. (1) An action in the small claims department shall be commenced by the plaintiff’s filing with the clerk of the court a claim in the form prescribed by the court

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ORS 46.430 [Repealed by 1971 c.760 §11]

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ORS 46.435 [1971 c.760 §5; 1973 c.393 §2; 1977 c.875 §3; 1979 c.567 §2; repealed by 1979 c.833 §36]

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ORS 46.440 [Repealed by 1971 c.760 §11]

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ORS 46.441 Explanation to plaintiff of how notice may be served. The small claims department of a circuit court shall provide to each plaintiff who files a claim with the department a written explanation of how notice may be served in actions in the department. [1977 c.875 §9; 1995 c.658 §46]

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ORS 46.445 Notice of claim; content; service. (1) Upon the filing of a claim in the small claims department of a circuit court, the clerk shall issue a notice in the form prescribed by the court

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ORS 46.450 [Repealed by 1971 c.760 §11]

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ORS 46.455 Admission or denial of claim; request for jury trial. Within 30 days after the date of service of the notice and claim upon the defendant as provided in ORS 46.445

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ORS 46.458 [1995 c.455 §2; 1995 c.618 §15b; repealed by 1997 c.46 §1]

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ORS 46.460 [Amended by 1965 c.619 §24; 1969 c.683 §2; repealed by 1971 c.760 §11]

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ORS 46.461 Counterclaims; fee; transfer of case to circuit court. (1) The defendant in an action in the small claims department may assert as a counterclaim any claim that, on the date of issuance of notice pursuant to ORS 46.445, the defendant may have against the plaintiff and that arises out of the same transaction or occurrence that is the subject matter of the claim filed by the plaintiff

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ORS 46.465 Time and place of hearing; notice; procedure if right to jury trial asserted; attorney fees. (1) If the defendant demands a hearing in the small claims department, under the direction of the court the clerk shall fix a day and time for the hearing and shall mail to the parties a notice of the hearing time in the form prescribed by the court, instructing them to bring witnesses, documents and other evidence pertinent to the controversy

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ORS 46.470 [Amended by 1963 c.248 §1; repealed by 1971 c.760 §11]

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ORS 46.475 Additional time for appearances; default and dismissal. (1) Upon written request, the court may extend to the parties additional time within which to make formal appearances required in the small claims department of a circuit court

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ORS 46.480 [Amended by 1969 c.683 §3; repealed by 1971 c.760 §11]

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ORS 46.485 Extent and effect of small claims judgment. (1) In addition to any other award, the prevailing party shall be entitled to a judgment for the small claims filing fees and service expenses paid by the party and the prevailing party fee provided for in ORS 20.190 (1)(c) or (2)(b). The prevailing party may also be awarded prevailing party fees under ORS 20.190 (3). The award shall be paid or the property delivered upon such terms and conditions as the judge may prescribe

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ORS 46.488 Lien effect of small claims judgments. (1) A judgment creditor may not create a judgment lien for a judgment entered in the small claims department of a circuit court if the money award is less than $10, exclusive of costs and disbursements. A judgment creditor may create a judgment lien for a judgment entered in the small claims department of a circuit court in an amount of $10 or more and less than $3,000, exclusive of costs and disbursements, only as provided in subsection (3) of this section

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ORS 46.490 [Repealed by 1971 c.760 §11]

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ORS 46.495 [1979 c.567 §4; repealed by 1981 c.883 §1]

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ORS 46.500 [Amended by 1969 c.683 §4; repealed by 1971 c.760 §11]

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ORS 46.505 [1969 c.683 §6; repealed by 1971 c.760 §11]

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ORS 46.510 [Repealed by 1971 c.760 §11]

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ORS 46.520 [Amended by 1969 c.683 §7; repealed by 1971 c.760 §11]

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ORS 46.530 [Repealed by 1971 c.760 §11]

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ORS 46.540 [Amended by 1969 c.683 §8; repealed by 1971 c.760 §11]

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ORS 46.550 [Repealed by 1981 s.s. c.3 §141]

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ORS 46.560 Where action to be commenced and tried. (1) Except as provided in subsections (2) and (3) of this section, all actions in small claims department shall be commenced and tried in the county in which the defendants, or one of them, reside or may be found at the commencement of the action

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ORS 46.570 Fees. The small claims department of a circuit court shall collect the following filing fees from the plaintiff when a claim is filed in the court, and from the defendant when the defendant demands a hearing

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ORS 46.610 [Amended by 1965 c.510 §20; 1971 c.633 §16; 1975 c.327 §7; 1979 c.568 §8; repealed by 1995 c.658 §127]

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ORS 46.620 [Repealed by 1995 c.658 §127]

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ORS 46.630 [Amended by 1957 c.726 §2; 1963 c.614 §2; 1969 c.96 §5; repealed by 1995 c.658 §127]

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