JUSTICE COURT – SMALL CLAIMS DEPT.
FIRST MAKE A BONA FIDE EFFORT TO
IF YOU GET
A JUDGMENT, THE COURT DOES NOT COLLECT;
TAKE STEPS TO COLLECT THE JUDGMENT.
THAN $10,000.00, AND EITHER THE DEFENDANT MUST LIVE IN MALHEUR COUNTY, OR
THE ACTION MUST HAVE TAKEN PLACE IN MALHEUR COUNTY. CHECK THE STATUTES
FOR TIME LIMITS ON SPECIFIC CLAIMS. CLAIMS MUST BE FOR EITHER RECOVERY
OF MONEY OR DAMAGES ONLY.
Please read these
instructions carefully and completely.
you may pursue your claim without legal representation. ALL steps of
the process depend upon your initiation and carry-through. The court cannot
advise you in filling out forms, or in proper procedure. If you get a
Court – $28.00 and service fee ($36). If garnishing a bank account,
make a separate check for the bank ($10).
must be legible and correctly spelled. You are the “Plaintiff(s) if you are
filing the claim. The person(s) or company being sued are the
Defendant(s). All persons must be listed by proper names (i.e., John Doe
and Jane Doe, not
must provide a physical address or work place for the
business owner should be listed, followed by “dba” (doing business as),
and the name of the business (i.e., John Doe, dba John’s Catering). You
cannot collect against an individual if he is not individually named in
the caption, nor
against a company, if it is not named in the caption of the
identified, and the name and address of the corporation’s registered agent
or an officer of the corporation provided (i.e., John’s Catering, 728SW
4th ST., Ontario, OR 97914.)If you need information about an Oregon
corporation, call the
name of the partnership, after the name of each partner (i.e., John
H. Doe and Jane P. Smith, dba J&J Catering, a
age of 18 years, or is in military service, or mentally incapacitated,
you must determine the legal standing of that party. You may want to
consult an attorney for assistance.
YOU NEED HELP WITH YOUR CLAIM BEYOND THESE INSTRUCTIONS, PLEASE CALL AN
form completely. SIGN IN THE PRESENCE OF A COURT CLERK OR NOTARY PUBLIC.
You must have previously made a bona fide attempt to collect the
amount, prior to filing.
Ontario Justice Court. FILING FEES ARE NOT REFUNDABLE. Payment of
service fees can be made to Malheur County Sheriff or another server. MAKE
THE SERVICE FEE CHECK OUT TO WHICHEVER OFFICE YOU PREFER; SEPARATE FROM
THE FILING FEE CHECK. Statutory amount for service is $36.00, which
CERTIFIED MAIL TO EACH DEFENDANT named, if the amount of your claim is LESS
are filing, and if you are awarded a Default judgment, will be included in
that amount, along with a $93.00 statutory prevailing party
DEFENDANT. SERVICE MUST BE MADE BY A PERSON 18 YEARS OF AGE OR OLDER,
OF THE STATE OF OREGON, WHO IS NOT PARTY TO THE
WITHIN 14 DAYS of service. Defendant may:
Plaintiff’s filing, service and $93.00 prevailing party
is set and parties will be notified by mail. Hearings are informal;
parties appear without attorneys. The judge’s decision is final.
($28.00 hearing fee) ($108.00 prevailing party fee).
COUNTERCLAIM – The counterclaim must involve the SAME MATTER as the
Plaintiff’s claim. ($28.00 hearing fee) ($108.00 prevailing party
be for over $750.00. The court will notify Plaintiff that a formal
complaint must be filed and served on the Defendant with a summons, and
the claim will be set for trial in Justice Court. ($117.00 hearing fee
plus jury fee).
DAYS AFTER NOTIFICATION BY THE COURT, DEFENDANT MAY ASK THE COURT
TO DISMISS THE CLAIM. IF PLAINTIFF’S FORMAL COMPLAINT IS FILED, THE
CASE WILL NO LONGER BE CONSIDERED A SMALL CLAIMS CASE, AND PARTIES MAY BE
REPRESENTED BY AN ATTORNEY, IF THEY CHOOSE.
$108.00 not $93.00.
including weekends, excluding legal holidays, Plaintiff may be
granted a Default Judgment. PLAINTIFF MUST REQUEST JUDGMENT. Judgment
60 days after service on the Defendant, the court may dismiss the case
for want of prosecution.
filed within 20 days after Plaintiff is notified of Defendant’s request
for a jury trial.
renewable for another 10 years. An order renewing a judgment must be
signed by a judge and filed with the court before the expiration of the
voluntarily make payment, the winning party may request the court to
issue a WRIT OF GARNISHMENT to the debtor’s employer, a third party
holding debtor’s personal property, or a bank where the debtor has an
account, in order to obtain money or other personal property of the
forms and present them to the court (or and attorney) to be issued. If
paying by check, make SEPARATE CHECKS TO EACH AGENCY: Writ Issuance Fee:
$6.00 Service Fee $25.00 Bank Search Fee (if garnishing a bank):
be available to the creditor. An attorney may be consulted, or the
Oregon Revised Statutes are available to the creditor in the law
library of the Malheur County Courthouse.
ADVICE. THE COURT IS NOT THE COLLECTOR OF JUDGMENTS – PLAINTIFF
Circuit Court in order to place a lien against judgment debtor’s real
property in Malheur county. Transcript Fee: $6.00 to Justice Court; $8.00 to
Circuit Court (separate checks).
vehicles the debtor may own, or transcribe judgment to another Oregon county
for pursuit under that jurisdiction. Please consult an attorney or
the law library for further information.
full payment of the judgment and costs is received by the
Judgment with the Court when full payment of the judgment has been
received. The satisfaction form for use by the creditor is available
at the Justice
NOT A COLLECTION AGENCY, AND WILL NOT SECURE PAYMENT FOR THE JUDGMENT
OF A JUDGMENT,
If you have any questions, you may call the Oregon State
Bar tape library
at 1-800-452-4776, or you may wish to call an attorney.
COURT – SMALL CLAIMS DEPT.