ONTARIO
JUSTICE COURT – SMALL CLAIMS DEPT.
YOU MUST
FIRST MAKE A BONA FIDE EFFORT TO
COLLECT.
IF YOU GET
A JUDGMENT, THE COURT DOES NOT COLLECT;
YOU MUST
TAKE STEPS TO COLLECT THE JUDGMENT.
LIMITS: CLAIM (not including court costs) MUST BE LESS
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.
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.
NOTICE: Small Claims Court is available to you so that
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
judgment, you
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
judgment, you
must take the steps to collect – the court CANNOT
collect.
collect.
1. Use black ink – PRINT OR
TYPE.
TYPE.
2. Make separate checks for filing fee (Ontario Justice
Court – $28.00 and service fee ($36). If garnishing a bank account,
make a separate check for the bank ($10).
Court – $28.00 and service fee ($36). If garnishing a bank account,
make a separate check for the bank ($10).
3. Names and statements made in the Claim and Notice
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 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
Mr. & Mrs. Doe).
4. Service cannot be made upon a post office box – you
must provide a physical address or work place for the
defendant.
must provide a physical address or work place for the
defendant.
5. If a business is not a corporation, the name of 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
claim.
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
claim.
6. If a business is incorporated, it should be so
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
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
Corporate Division of the Secretary of State’s Office at
(503) 986-2200.
(503) 986-2200.
7. If a person or business is a partnership, list 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
partnership).
name of the partnership, after the name of each partner (i.e., John
H. Doe and Jane P. Smith, dba J&J Catering, a
partnership).
8. If any person involved in the dispute is under the
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.
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.
WE ARE NOT PERMITTED BY LAW TO GIVE LEGAL ADVICE – IF
YOU NEED HELP WITH YOUR CLAIM BEYOND THESE INSTRUCTIONS, PLEASE CALL AN
ATTORNEY.
YOU NEED HELP WITH YOUR CLAIM BEYOND THESE INSTRUCTIONS, PLEASE CALL AN
ATTORNEY.
Plaintiff must fill out the Claim and Notice of Claim
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.
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.
Statutory filing fee is $28.00, cash or check payable to
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
will provide
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
will provide
service to 1 or 2 defendants at the same
time.
time.
Service may also be made by RESTRICTED DELIVERY
CERTIFIED MAIL TO EACH DEFENDANT named, if the amount of your claim is LESS
THAN $50.00.
CERTIFIED MAIL TO EACH DEFENDANT named, if the amount of your claim is LESS
THAN $50.00.
Filing and service costs are added onto the claim you
are filing, and if you are awarded a Default judgment, will be included in
that amount, along with a $93.00 statutory prevailing party
fee.
are filing, and if you are awarded a Default judgment, will be included in
that amount, along with a $93.00 statutory prevailing party
fee.
UNDER NO CIRCUMSTANCES MAY A PLAINTIFF SERVE A
DEFENDANT. SERVICE MUST BE MADE BY A PERSON 18 YEARS OF AGE OR OLDER,
A RESIDENT
OF THE STATE OF OREGON, WHO IS NOT PARTY TO THE
CLAIM.
DEFENDANT. SERVICE MUST BE MADE BY A PERSON 18 YEARS OF AGE OR OLDER,
A RESIDENT
OF THE STATE OF OREGON, WHO IS NOT PARTY TO THE
CLAIM.
Defendant is directed to file an “Answer” with the court
WITHIN 14 DAYS of service. Defendant may:
WITHIN 14 DAYS of service. Defendant may:
1. PAY THE CLAIM – Payment by Defendant must include
Plaintiff’s filing, service and $93.00 prevailing party
fee.
Plaintiff’s filing, service and $93.00 prevailing party
fee.
2. DENY THE CLAIM AND DEMAND A HEARING – A hearing date
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).
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).
3. DENY THE CLAIM, DEMAND A HEARING AND FILE A
COUNTERCLAIM – The counterclaim must involve the SAME MATTER as the
Plaintiff’s claim. ($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
fee).
4. DENY THE CLAIM AND DEMAND A JURY TRIAL – Claim must
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).
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).
IF PLAINTIFF’S FORMAL COMPLAINT IS NOT FILED WITHIN 20
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.
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.
If the matter goes to trial, the prevailing party fee is
$108.00 not $93.00.
$108.00 not $93.00.
ENTRY OF DEFAULT
JUDGMENT
JUDGMENT
If Defendant does not file and Answer within 14 days,
including weekends, excluding legal holidays, Plaintiff may be
granted a Default Judgment. PLAINTIFF MUST REQUEST JUDGMENT. Judgment
fee-$0
including weekends, excluding legal holidays, Plaintiff may be
granted a Default Judgment. PLAINTIFF MUST REQUEST JUDGMENT. Judgment
fee-$0
If Plaintiff does not request judgment by default within
60 days after service on the Defendant, the court may dismiss the case
for want of prosecution.
60 days after service on the Defendant, the court may dismiss the case
for want of prosecution.
DISMISSAL OF CASE
Plaintiff may dismiss at any time after filing the
Claim.
Claim.
Defendant may request dismissal if formal complaint not
filed within 20 days after Plaintiff is notified of Defendant’s request
for a jury trial.
filed within 20 days after Plaintiff is notified of Defendant’s request
for a jury trial.
Court may dismiss if neither party takes action for 60
days.
days.
JUDGMENT VALIDITY
A judgment is valid for a period of 10 years and is
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
original judgment.
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
original judgment.
JUDGMENT COLLECTION
INFORMATION
INFORMATION
If a judgment is given and the losing party does not
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
judgment debtor.
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
judgment debtor.
The Plaintiff must completely fill out the garnishment
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):
$10.00.
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):
$10.00.
NOTE: Other methods for collection of judgment may also
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.
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.
JUSTICE COURT PERSONNEL ARE NOT ALLOWED TO GIVE LEGAL
ADVICE. THE COURT IS NOT THE COLLECTOR OF JUDGMENTS – PLAINTIFF
IS.
ADVICE. THE COURT IS NOT THE COLLECTOR OF JUDGMENTS – PLAINTIFF
IS.
TRANSCRIBING JUDGMENT TO CIRCUIT
COURT
COURT
A Small Claims Court judgment can be transcribed to
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).
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).
Creditor may also pursue a Writ of Execution against
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.
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.
SATISFACTION OF JUDGMENT
A court clerk can satisfy a Small Claims Judgment if
full payment of the judgment and costs is received by the
Court.
full payment of the judgment and costs is received by the
Court.
The judgment creditor must file a Satisfaction of
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
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
Court office.
A JUDGMENT IS THE DECISION OF THE COURT. THE COURT IS
NOT A COLLECTION AGENCY, AND WILL NOT SECURE PAYMENT FOR THE JUDGMENT
CREDITOR.
NOT A COLLECTION AGENCY, AND WILL NOT SECURE PAYMENT FOR THE JUDGMENT
CREDITOR.
ONCE THE JUDGMENT HAS BEEN PAID, THE CREDITOR IS LEGALLY
RESPONSIBLE FOR
RESPONSIBLE FOR
FILING A WRITTEN SATISFACTION OF
JUDGMENT.
JUDGMENT.
IF A CLAIM IS SETTLED BETWEEN THE PARTIES PRIOR TO ENTRY
OF A JUDGMENT,
OF A JUDGMENT,
THE PLAINTIFF WILL FILE A DISMISSAL FORM WITH THE
COURT.
COURT.
THESE FORMS ARE AVAILABLE AT THE
COURT.
COURT.
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.
ONTARIO JUSTICE
COURT – SMALL CLAIMS DEPT.