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Defendants Response - Oregon
| Defendants Response Form. This is a Oregon form and can be used in Circuit Court Multnomah Local County . |
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IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH SMALL CLAIMS DEPARTMENT ______________________________________ ______________________________________ Plaintiff(s), vs. ______________________________________ ______________________________________ Defendant(s). Case No.____________________________ DEFENDANT=S RESPONSE (SEE REVERSE SIDE FOR INSTRUCTIONS) 1 - PAYMENT OF CLAIM I enclose the amount claimed by the plaintiff, plus fees and service expenses in the amount of $______________ TOTAL AMOUNT ENCLOSED $ . Dated: , 20 . _____________________________________________Signature **or** 2 - DEMAND A HEARING I deny the claim of the plaintiff. I demand a hearing in the small claims case and enclose the defendant=s first appearance fee. I understand that I will be notified by mail of the date, time, place and room number of the hearing, and that there is no appeal from a decision in small claims court. DO NOT USE THIS FORM IF YOU ARE FILING A COUNTERCLAIM. Dated: , 20 . ____________________________________________________ Signature ____________________________________________________ Mailing Address City ST Zip Telephone No. ( ) **or** 3 - DEMAND A JURY TRIAL The plaintiff=s claim exceeds $750. I demand a jury trial and enclose the defendant=s first appearance fee and the jury trial fee for the first day of the trial. I understand that the plaintiff is required to file a formal complaint, which will be served on me by mail, that the case will be transferred to the civil department and proceed through mandatory arbitration where the plaintiff=s claim will not be limited to the amount stated in the small claim, although it must involve the same controversy, and that I will have 10 days to respond to the formal complaint. I further understand that this response is not an appearance, and a default judgment may be filed against me if I fail to answer the plaintiff=s formal complaint. Dated: , 20 ___ . Signature Mailing Address Telephone No. ( ) ____________ __________________ City ST Zip _______ ___ 05-08 (10/11) DEFENDANT'S RESPONSE Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS Sign only one of the three choices on the reverse side and return this form with the appropriate fees to: Small Claims Department Multnomah County Courthouse 1021 SW Fourth Avenue, Room 210 Portland, Oregon 97204 READ THE FOLLOWING CAREFULLY Unless you complete and sign one of the alternatives listed on the front of this form and file it with the clerk within 14 days after service of the notice of claim upon you, plaintiff may request a default judgment against you for the amount claimed plus filing fees, service expenses and a prevailing party fee. 1. PAYMENT OF CLAIM If you admit the claim, payment in full may be made to either the court or direct to the plaintiff. If paying to the court, send check or money order (DO NOT SEND CASH), payable to the State of Oregon, to the above address. If paid to the court, the payment will be forwarded to the plaintiff when the check has cleared. You must pay within 14 days from the day you receive the claim. Your payment should include filing fees and service fees. 2. DEMAND A HEARING To demand a hearing you must enclose the defendant's first appearance fee. Small claims hearings are informal. Both plaintiff and defendant may offer testimony, bring witnesses and other evidence pertinent to the controversy at the time of trial. Neither party may be represented by an attorney in Small Claims Court without special permission of the judge. (ORS 46.415). No attorney at law or person other than you, the plaintiff, and witnesses may participate in the hearing/trial without the consent of the circuit court judge. There is no appeal from a decision in small claims court. FILING A COUNTERCLAIM: You may file a counterclaim against the plaintiff if you feel money is owed to you as a part of this same controversy. If your counterclaim is for $10,000 or less, the claim and counterclaim will be decided at the same hearing. If your counterclaim is over $10,000, you must file a motion and order to transfer to the civil department. The Counterclaim and Demand for Hearing form and a Motion and Order to Transfer form are available in Room 210. DO NOT USE THIS FORM IF YOU ARE FILING A COUNTERCLAIM. If your counterclaim requires a transfer of the case to the civil department, the plaintiff will no longer be limited to the original amount of the claim. 3. DEMAND A JURY TRIAL If the plaintiff's claim is more than $750, you may choose to demand a jury trial. If you demand a jury trial, the plaintiff will be given notice to file a formal complaint in circuit court within 20 days in order to proceed. If they do not do this within 20 days, the small claims case will be dismissed and you may ask for your filing fee to be refunded. If the plaintiff files a formal complaint, a summons and copy of the complaint must be mailed to you. You must respond to this formal complaint within 10 days after receipt of the summons and complaint. If you do not respond, the plaintiff may take a default judgment against you. Upon receipt of your response to the formal complaint, the case will be transferred to mandatory arbitration. PLEASE SEE THE CURRENT FEE SCHEDULE FOR AMOUNTS If you have any questions about procedures, you should contact the small claims clerk at (503) 988-3022 between 8:30 a.m. and 5:00 p.m., except weekends and legal holidays. If you are unable to pay the fees, a form is available in room 210 to defer the fees. Additional information can be obtained on the court's website: http://courts.oregon.gov/Multnomah/ and on the Oregon State Bar website: http://www.osbar.org/ . Small Claims proceedings are governed by: Oregon Revised Statutes (ORS), ORS 46.405 through 46.560. 05-08(I) (10/11) Instructions for Defendant's Response in Small Claims (Backside of Response Form) Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com
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