Oregon Statutes 55.045 – 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.
Terms Used In Oregon Statutes 55.045
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Summons: Another word for subpoena used by the criminal justice system.
(2) The notice shall be directed to the defendant, naming the defendant, and shall contain a copy of the claim.
(3) If the amount or value claimed is $50 or more, the notice and claim shall be served upon the defendant in the manner provided for the service of summons and complaint in proceedings in the circuit courts.
(4) If the amount or value claimed is less than $50, the notice and claim shall be served upon the defendant either in the manner provided for the service of summons and complaint in proceedings in the circuit courts or by certified mail, at the option of the plaintiff. If service by certified mail is attempted, the court shall mail the notice and claim by certified mail addressed to the defendant at the last-known mailing address of the defendant within the territorial jurisdiction of the court. The envelope shall be marked with the words ‘Deliver to Addressee Only’ and ‘Return Receipt Requested.’ The date of delivery appearing on the return receipt shall be prima facie evidence of the date on which the notice and claim was served upon the defendant. If service by certified mail is not successfully accomplished, the notice and claim shall be served in the manner provided for the service of summons and complaint in proceedings in the circuit courts.
(5) The notice shall include a statement in substantially the following form:
______________________________________________________________________________
NOTICE TO DEFENDANT:
READ THESE PAPERS CAREFULLY!
Within 14 DAYS after receiving this notice you MUST do ONE of the following things:
Pay the claim plus fees and service expenses paid by plaintiff OR
Demand a hearing OR
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 court will enter a judgment against you for the amount claimed plus fees and service expenses paid by the plaintiff.
If you have questions about this notice, you should contact the court immediately.
______________________________________________________________________________ [1989 c.583 § 5]
[Amended by 1965 c.619 § 28; 1977 c.875 § 12; 1981 s.s. c.3 § 95; 1987 c.829 § 2; repealed by 1989 c.583 § 11]