Oregon Statutes 55.065 – Admission or denial of claim; request for jury trial
Within 14 days after the date of service of the notice and claim upon the defendant as provided in ORS § 55.045:
Terms Used In Oregon Statutes 55.065
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Personal property: All property that is not real property.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Summons: Another word for subpoena used by the criminal justice system.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) If the defendant admits the claim, the defendant may settle it by:
(a) Paying to the court the amount of the claim plus the amount of the small claims fee and service expenses paid by the plaintiff. The court shall pay to the plaintiff the amounts paid by the defendant.
(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 the small claims fee and service expenses paid by the plaintiff.
(2) If the defendant denies the claim, the defendant:
(a) May demand a hearing in the small claims department in a written request to the court in the form prescribed by the court, accompanied by payment of the defendant’s fee prescribed; and
(b) When demanding a hearing, may assert a counterclaim in the form provided by the court; or
(c) If the amount or value claimed exceeds $750, may demand a jury trial in a written request to the court in the form prescribed by the court, accompanied by payment of the appearance fee prescribed by ORS § 51.310 (1)(b) together with the trial fee prescribed by ORS § 52.410. The request shall designate a mailing address to which a summons and copy of the complaint may be served by mail. Thereafter, the plaintiff’s claim will not be limited to the amount stated in the claim, though it must involve the same controversy. [1989 c.583 § 6; 1995 c.227 § 3]
[Amended by 1957 c.6 § 1; 1965 c.619 § 29; 1973 c.393 § 3; 1977 c.875 § 14; 1977 c.877 § 14a; 1979 c.284 § 87; repealed by 1989 c.583 § 11]