Fill and Sign the Oregon Defendant Form

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE TO DEFENDANT - READ THESE PAPERS CAREFULLY Within 14 days after receiving this notice, you MUST do one of the following things: l. Pay the claim plus filing fees and service expenses paid by the Plaintiff, or 2. Demand a hearing, or 3. Demand a jury trial. If you fail to do one of the above things within 14 days after receiving this NOTICE, then upon written request from the Plaintiff, the Clerk of the Court will enter a judgment against you for the amount claimed plus filing fees and service expenses paid by the Plaintiff, plus a prevailing party fee. If you have questions about the Small Claims Court filing procedures after reading this notice, you may contact the Clerk of the Court; however, the Clerk cannot give you legal advice on the claim. _____________________________________________________________________________ State law provides that within 14 days of service of this Notice upon Defendant, if the claim is admitted, it may be settled 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 Courts. 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 expense paid by the Plaintiff and mailing proof of that delivery and payment to the Courts. Notice to Defendant 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 If the claim is denied, 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; b. When demanding a hearing, may assert a counterclaim in the form provided by the Court; and c. May also demand a jury trial if the amount claimed exceeds $750 upon payment of filing and jury fees as required. But, if you demand a jury trial you must pay a higher filing fee and participate in arbitration prior to getting a jury trial. ______________________________________________________________________________ Forms for Defendant’s filing may be obtained from the Marion County Circuit Court, at 100 High Street NE, in Salem. Mailing address: Marion County Courthouse, PO Box 12869, Salem, OR 97309-0869. ______________________________________________________________________________ Notice to Defendant 2