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Oregon Statutes - Chapter 46 - Small Claims Department of Circuit Court

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• 46.010   [Amended by 1961 c.724 §16; 1965 c.510 §13; 1965 c.568 §1; 1967 c.575 §1; 1971 c.633 §4; 1973 c.645 §1; 1977 c.387 §1; 1981 c.759 §11; 1995 c.658 §36; renumbered 3.014 in 1997]
• 46.019   [1975 c.327 §§2, 4; 1979 c.568 §1; 1983 c.763 §33; 1983 c.765 §1; 1987 c.762 §3; repealed by 1995 c.658 §127]
• 46.020   [Amended by 1957 c.405 §1; 1961 c.724 §17; repealed by 1965 c.510 §24]
• 46.025   [Amended by 1953 c.563 §7; 1957 c.726 §1; 1959 c.559 §3; 1961 c.724 §18; 1965 c.510 §14; 1965 c.568 §4; 1967 c.623 §1; 1969 c.333 §1; 1971 c.640 §3; 1975 c.327 §1; 1977 c.385 §1; 1979 c.568 §12; 1981 c.253 §1; 1981 c.759 §13; 1983 c.763 §34; 1989 c.1021 §5; 1991 c.458 §§3,7; repealed by 1995 c.658 §127]
• 46.026   [1961 c.724 §19; 1963 c.614 §1; 1995 c.712 §80; repealed by 1995 c.658 §127]
• 46.028   [1961 c.724 §20; repealed by 1965 c.510 §24]
• 46.030   [Amended by 1953 c.112 §2; 1979 c.568 §6; repealed by 1995 c.658 §127]
• 46.040   [Amended by 1963 c.513 §2; 1971 c.743 §311; 1973 c.645 §2; 1983 c.673 §1; 1995 c.16 §1; 1995 c.658 §38; renumbered 3.132 in 1997]
• 46.045   [1971 c.633 §2; 1985 c.750 §1; 1995 c.658 §39; renumbered 3.136 in 1997]
• 46.047   [1975 c.611 §15; 1995 c.658 §40; renumbered 3.134 in 1997]
• 46.050   [Amended by 1957 c.405 §3; 1961 c.724 §21; repealed by 1995 c.658 §127]
• 46.060   [Amended by 1957 c.661 §1; 1965 c.495 §1; 1975 c.611 §18; 1983 c.149 §1; 1985 c.342 §1; 1985 c.496 §28; 1985 c.588 §3a; 1987 c.714 §8; 1989 c.839 §33; repealed by 1995 c.658 §127]
• 46.063   [1975 c.611 §10; repealed by 1987 c.714 §10]
• 46.064   [1987 c.714 §2; 1995 c.664 §78; repealed by 1995 c.658 §127]
• 46.065   [1965 c.495 §3; repealed by 1975 c.611 §24]
• 46.070   [Amended by 1965 c.495 §2; 1975 c.611 §19; 1985 c.240 §1; 1985 c.342 §2; 1985 c.496 §29; repealed by 1987 c.714 §10]
• 46.075   [1965 c.495 §4; 1985 c.496 §30; 1985 c.540 §13; 1987 c.714 §3; 1991 c.790 §6; 1995 c.781 §33; repealed by 1995 c.658 §127]
• 46.080   [Amended by 1957 c.661 §2; 1981 c.898 §39; repealed by 1995 c.658 §127]
• 46.082   [1977 c.876 §5; repealed by 1995 c.658 §127]
• 46.084   [1977 c.876 §6; 1987 c.714 §7; repealed by 1995 c.658 §127]
• 46.090   [Amended by 1955 c.664 §1; 1957 c.661 §3; repealed by 1977 c.876 §12]
• 46.092   [1955 c.540 §1; 1957 c.403 §1; 1965 c.510 §15; 1967 c.534 §12; 1969 c.591 §272; repealed by 1995 c.658 §127]
• 46.093   [1963 c.512 §2; repealed by 1965 c.510 §24]
• 46.094   [1955 c.540 §2; 1957 c.403 §2; repealed by 1995 c.658 §127]
• 46.096   [1955 c.540 §3; 1957 c.403 §3; repealed by 1995 c.658 §127]
• 46.098   [1955 c.540 §4; 1957 c.403 §4; repealed by 1961 c.406 §2]
• 46.099   [1961 c.406 §1; 1969 c.96 §1; repealed by 1995 c.658 §127]
• 46.100   [Amended by 1957 c.661 §4; 1969 c.438 §1; repealed by 1995 c.658 §127]
• 46.110   [Amended by 1967 c.391 §1; repealed by 1979 c.284 §199]
• 46.120   [Amended by 1953 c.479 §4; 1973 c.827 §9; repealed by 1977 c.877 §17]
• 46.130   [Amended by 1957 c.405 §4; 1961 c.724 §22; 1995 c.781 §34; repealed by 1995 c.658 §127]
• 46.140   [Repealed by 1961 c.468 §1 (46.141 enacted in lieu of 46.140)]
• 46.141   [1961 c.468 §2 (enacted in lieu of 46.140); repealed by 1995 c.658 §127]
• 46.150   [Amended by 1969 c.96 §2; repealed by 1995 c.658 §127]
• 46.155   [1975 c.611 §§12,13,14; repealed by 1979 c.284 §199]
• 46.160   [Repealed by 1979 c.284 §199]
• 46.170   [Amended by 1953 c.398 §2; 1961 c.705 §1; repealed by 1965 c.510 §24]
• 46.175   [1961 c.705 §3; 1965 c.510 §16; 1971 c.628 §1; 1979 c.113 §1; repealed by 1981 s.s. c.3 §141]
• 46.180   [Amended by 1957 c.594 §3; 1961 c.705 §2; 1965 c.510 §17; 1971 c.628 §2; 1977 c.519 §3; 1981 s.s. c.3 §61; 1985 c.496 §12; 1985 c.703 §21a; repealed by 1995 c.658 §127]
• 46.190   [Repealed by 1995 c.658 §127]
• 46.200   [Amended by 1961 c.446 §2; 1969 c.96 §3; 1971 c.565 §16; repealed by 1975 c.611 §24]
• 46.210   [Amended by 1955 c.459 §1; repealed by 1995 c.658 §127]
• 46.220   [Repealed by 1953 c.393 §3]
• 46.221   [1953 c.393 §1; 1965 c.510 §18; 1965 c.619 §22; 1971 c.621 §8; 1973 c.381 §2; 1975 c.88 §6; 1975 c.327 §6; 1975 c.607 §11; 1977 c.875 §1; 1979 c.833 §12; 1981 c.898 §40; 1981 s.s. c.3 §92; 1981 s.s. c.3 §93; 1983 c.763 §41; 1985 c.342 §25; 1985 c.496 §8; 1987 c.725 §5; 1989 c.718 §17; 1991 c.538 §5; 1991 c.790 §5; 1995 c.273 §25; 1995 c.664 §79; 1997 c.801 §§30,30a; renumbered 46.570 in 1997]
• 46.223   [1985 c.342 §29; 1995 c.658 §42; renumbered 21.385 in 1997]
• 46.230   [Amended by 1965 c.510 §19; repealed by 1965 c.619 §39]
• 46.240   [Amended by 1961 c.563 §3; 1971 c.621 §9; repealed by 1973 c.381 §8]
• 46.250   [Amended by 1975 c.611 §20; 1977 c.416 §7; 1979 c.562 §34; 1985 c.734 §16; 1997 c.389 §7; repealed by 1995 c.658 §127]
• 46.253   [1975 c.611 §5; repealed by 1985 c.734 §20]
• 46.255   [1975 c.611 §6; 1981 c.178 §3; repealed by 1985 c.734 §20]
• 46.260   [Amended by 1969 c.96 §4; repealed by 1977 c.290 §5]
• 46.265   [1975 c.611 §7; repealed by 1995 c.658 §127]
• 46.270   [Amended by 1971 c.224 §2; repealed by 1995 c.658 §127]
• 46.274   [1955 c.664 §2; 1965 c.619 §23; 1971 c.621 §10; 1975 c.607 §12; 1979 c.833 §13; 1981 c.835 §3; 1981 s.s. c.3 §32; 1985 c.540 §15; 1995 c.273 §14; repealed by 1995 c.658 §127]
• 46.275   [1977 c.876 §7; repealed by 1983 c.405 §5]
• 46.276   [1955 c.664 §3; 1969 c.438 §2; 1987 c.586 §18; repealed by 1995 c.658 §127]
• 46.278   [1977 c.876 §8; 1987 c.586 §19; repealed by 1995 c.658 §127]
• 46.280   [Amended by 1973 c.484 §5; 1981 s.s. c.1 §11; 1983 c.763 §32; 1995 c.781 §35; repealed by 1995 c.658 §127]
• 46.290   [Repealed by 1981 s.s. c.3 §141]
• 46.300   [1959 c.552 §11; 1971 c.718 §3; 1979 c.568 §7; repealed by 1983 c.763 §9]
• 46.330   [1975 c.611 §2; repealed by 1995 c.658 §127]
• 46.335   [1975 c.611 §3; 1977 c.876 §2; 1995 c.244 §7; repealed by 1995 c.658 §127]
• 46.340   [1975 c.611 §4; 1985 c.540 §16; 1995 c.244 §8; repealed by 1995 c.658 §127]
• 46.345   [1975 c.611 §§8,9; 1981 s.s. c.3 §33; 1985 c.496 §11; repealed by 1995 c.658 §127]
• 46.350   [1975 c.611 §11; repealed by 1985 c.540 §47]
• 46.405   Small claims department; jurisdiction.
  (1) Except as provided in subsection (6) of this section, each circuit court shall have a small claims department. (2) Except as provided in this...
• 46.410   [Amended by 1959 c.326 §1; 1965 c.569 §1; 1969 c.683 §1; repealed by 1971 c.760 §11]
• 46.415   Circuit judges to sit in department; procedure.
  (1) The judges of a circuit court shall sit as judges of the small claims department. (2) No formal pleadings other than the claim shall...
• 46.420   [Repealed by 1971 c.760 §11]
• 46.425   Commencement of actions; contents of claim.
  (1) An action in the small claims department shall be commenced by the plaintiff’s filing with the clerk of the court a verified claim in...
• 46.430   [Repealed by 1971 c.760 §11]
• 46.435   [1971 c.760 §5; 1973 c.393 §2; 1977 c.875 §3; 1979 c.567 §2; repealed by 1979 c.833 §36]
• 46.440   [Repealed by 1971 c.760 §11]
• 46.441   Explanation to plaintiff of how notice may be served.
  The small claims department of a circuit court shall provide to each plaintiff who files a claim with the department a written explanation of how...
• 46.445   Notice of claim; content; service.
  (1) Upon the filing of a claim in the small claims department of a circuit court, the clerk shall issue a notice in the form...
• 46.450   [Repealed by 1971 c.760 §11]
• 46.455   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 46.445: (1) If the defendant...
• 46.458   [1995 c.455 §2; 1995 c.618 §15b; repealed by 1997 c.46 §1]
• 46.460   [Amended by 1965 c.619 §24; 1969 c.683 §2; repealed by 1971 c.760 §11]
• 46.461   Counterclaims; fee; transfer of case to circuit court.
  (1) The defendant in an action in the small claims department may assert as a counterclaim any claim that, on the date of issuance of...
• 46.465   Time and place of hearing; notice; procedure if right to jury trial asserted; attorney fees.
  (1) If the defendant demands a hearing in the small claims department, under the direction of the court the clerk shall fix a day and...
• 46.470   [Amended by 1963 c.248 §1; repealed by 1971 c.760 §11]
• 46.475   Additional time for appearances; default and dismissal.
  (1) Upon written request, the court may extend to the parties additional time within which to make formal appearances required in the small claims department...
• 46.480   [Amended by 1969 c.683 §3; repealed by 1971 c.760 §11]
• 46.485   Extent and effect of small claims judgment.
  (1) In addition to any other award, the prevailing party shall be entitled to a judgment for the small claims filing fees and service expenses...
• 46.488   Lien effect of small claims judgments.
  (1) A judgment creditor may not create a judgment lien for a judgment entered in the small claims department of a circuit court if the...
• 46.490   [Repealed by 1971 c.760 §11]
• 46.495   [1979 c.567 §4; repealed by 1981 c.883 §1]
• 46.500   [Amended by 1969 c.683 §4; repealed by 1971 c.760 §11]
• 46.505   [1969 c.683 §6; repealed by 1971 c.760 §11]
• 46.510   [Repealed by 1971 c.760 §11]
• 46.520   [Amended by 1969 c.683 §7; repealed by 1971 c.760 §11]
• 46.530   [Repealed by 1971 c.760 §11]
• 46.540   [Amended by 1969 c.683 §8; repealed by 1971 c.760 §11]
• 46.550   [Repealed by 1981 s.s. c.3 §141]
• 46.560   Where action to be commenced and tried.
  Except as provided in subsections (1) and (2) of this section, all actions in small claims department shall be commenced and tried in the county...
• 46.570   Fees.
  (1) In the small claims department of circuit court there shall be charged and collected in civil cases by the clerk of the court the...
• 46.610   [Amended by 1965 c.510 §20; 1971 c.633 §16; 1975 c.327 §7; 1979 c.568 §8; repealed by 1995 c.658 §127]
• 46.620   [Repealed by 1995 c.658 §127]
• 46.630   [Amended by 1957 c.726 §2; 1963 c.614 §2; 1969 c.96 §5; repealed by 1995 c.658 §127]
• 46.632   [1959 c.559 §5; 1961 c.628 §1; 1963 c.487 §1; 1965 c.171 §2; 1967 c.38 §2; 1969 c.365 §2; 1971 c.642 §2; repealed by 1995 c.658 §127]
• 46.635   [Amended by 1953 c.563 §7; 1955 c.562 §1; 1957 c.439 §1; repealed by 1959 c.559 §10]
• 46.638   [1959 c.552 §8; repealed by 1975 c.706 §10]
• 46.640   [Repealed by 1959 c.559 §10]
• 46.642   [1965 c.377 §1; 1969 c.269 §3; 1971 c.213 §3; repealed by 1975 c.706 §10]
• 46.648   [1959 c.552 §10; 1995 c.781 §36; repealed by 1995 c.658 §127]
• 46.650   [Repealed by 1961 c.724 §34]
• 46.655   [1961 c.724 §23; repealed by 1995 c.658 §127]
• 46.660   [Repealed by 1961 c.724 §34]
• 46.665   [1961 c.724 §24; 1981 s.s. c.1 §10; repealed by 1995 c.658 §127 and 1995 c.781 §51]
• 46.670   [Repealed by 1969 c.96 §6]
• 46.680   [Repealed by 1995 c.658 §127]
• 46.684   [1957 c.405 §5; repealed by 1961 c.724 §34]
• 46.686   [1957 c.405 §6; repealed by 1961 c.724 §34]
• 46.690   [Repealed by 1959 c.552 §16]
• 46.710   [Repealed by 1969 c.96 §6]
• 46.720   [Amended by 1953 c.306 §17; 1979 c.568 §9; repealed by 1981 s.s. c.3 §141]
• 46.725   [1975 c.327 §5; repealed by 1979 c.568 §17]
• 46.730   [Amended by 1955 c.664 §4; repealed by 1981 s.s. c.3 §141]
• 46.735   [1979 c.58 §4; repealed by 1985 c.540 §47]
• 46.740   [Amended by 1955 c.664 §5; 1963 c.427 §1; 1975 c.611 §21; repealed by 1985 c.540 §47]
• 46.750   [Amended by 1959 c.524 §1; 1963 c.474 §1; 1979 c.58 §2; repealed by 1985 c.540 §47]
• 46.760   [Repealed by 1985 c.540 §47]
• 46.770   [Amended by 1977 c.518 §1; repealed by 1981 s.s. c.3 §141]
• 46.780   [1965 c.203 §1; 1975 c.327 §8; 1979 c.568 §10; repealed by 1981 s.s. c.3 §141]
• 46.800   [1977 c.876 §10 (enacted in lieu of 156.610, 156.620, 156.640 and 156.650); 1981 s.s. c.3 §103; 1983 c.763 §43; 1985 c.565 §6; 1987 c.905 §4; repealed by 1995 c.658 §127]
• 46.810   [Formerly 157.081; repealed by 1995 c.658 §127]

Last modified: August 7, 2008