Chapter 52 — Chapter 52

ORS 52.755 Commencement of action. An action in the small claims department shall be commenced by the plaintiff filing a claim with the clerk of the court in the form prescribed by the justice of the peace along with the fee prescribed by ORS 51.310 (1)(c). [Formerly 55.020]

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ORS 52.760 Contents of claim. The claim shall contain the name and address of the plaintiff and of the defendant, followed by a plain and simple statement of the claim, including the amount and date the claim allegedly accrued. The claim shall include an affidavit signed by the plaintiff or a declaration under penalty of perjury as described in ORCP 1 E, attesting to or declaring the accuracy of the statements in the claim and stating that the plaintiff made a bona fide effort to collect the claim from the defendant before filing the claim with the justice court. [Formerly 55.030]

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ORS 52.765 Verification and prosecution of claim. All claims shall be verified by the real party in interest, the agent or assignee of the party. Any claim may be filed and prosecuted in the small claims department by such agent or the assignee of the cause of action upon which recovery is sought. [Formerly 55.040]

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ORS 52.770 Notice of claim; content; service. (1) Upon the filing of a claim, the court shall issue a notice in the form prescribed by the court

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ORS 52.775 Explanation to plaintiff of how notice may be served. The justice of the peace shall provide to each plaintiff who files a claim with the small claims department of the court of the justice of the peace a written explanation of how notice may be served in actions in the department. [Formerly 55.055]

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ORS 52.780 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 52.770

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ORS 52.785 Time and place of hearing; procedure if right to jury trial asserted; fees. (1) If the defendant demands a hearing in the small claims department of the court, the court 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 52.790 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

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ORS 52.795 Formal pleadings unnecessary; issuance of attachment, garnishment or execution; costs of execution taxable. No formal pleading, other than the claim and notice, shall be necessary. The hearing and disposition of all actions shall be informal, the sole object being to dispense justice between the litigants promptly. No attachment, garnishment or execution shall issue from the small claims department on any claim except as provided in ORS 52.750 to 52.830. A prevailing party’s costs in securing and service of such execution shall be taxed against the other party and recoverable as part of the judgment. [Formerly 55.080]

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ORS 52.800 Appearance by parties and attorneys; witnesses. (1) Except as may otherwise be provided by ORS 52.765, no attorney at law nor any person other than the plaintiff and defendant shall become involved in or in any manner interfere with the prosecution or defense of the litigation in the department without the consent of the justice of the justice court, nor shall it be necessary to summon witnesses. But the plaintiff and defendant may offer evidence in their behalf by witnesses appearing at the hearing, and the justice may informally consult witnesses or otherwise investigate the controversy and give judgment or make such orders as the justice deems right, just and equitable for the disposition of the controversy

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ORS 52.805 Counterclaim; procedure; fee; transfer of jurisdiction. (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 52.770, 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 52.810 Payment of judgment. If the judgment is against a party to make payment, the party shall pay the same forthwith upon the terms and conditions prescribed by the justice of the peace. [Formerly 55.100]

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ORS 52.815 Conclusiveness of judgment; when appeal may be taken. (1) The judgment of the court shall be conclusive upon the plaintiff in respect to the claim filed by the plaintiff and upon the defendant in respect to a counterclaim asserted by the defendant. Except as provided in subsection (2) of this section, the defendant may appeal if dissatisfied in respect to the claim filed by the plaintiff and the plaintiff may appeal if dissatisfied in respect to a counterclaim asserted by the defendant

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ORS 52.820 Notice of appeal; proceedings in circuit court. (1) Except as otherwise provided in this section, an appeal under ORS 52.815 shall be taken in the manner provided in ORS 55.160 to 55.335, including satisfactory security for payment of the judgment and costs

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ORS 52.825 Enforcement of judgment when no appeal is taken; fees. (1) If no appeal is taken by a party against whom a judgment to make payment is rendered and the party fails to pay the judgment according to the terms and conditions thereof, the justice of the peace before whom the hearing was had, may, on application of the prevailing party, certify the judgment in substantially the following form

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ORS 52.830 Separate docket for small claims department. Each justice of the peace shall keep a separate docket for the small claims department of the court of the justice of the peace, in which the justice of the peace shall make a permanent record of all proceedings, orders and judgments had and made in the small claims department. [Formerly 55.140]

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