Oregon Small Claims Default Judgment: What Happens When the Defendant Doesn't Respond

When No Response Is Filed

You filed your small claims case, served the defendant properly, and filed your Certificate of Service with the court. The 30-day response deadline passed. Nothing came back — no denial, no hearing request, no payment.

That silence gives you a path to a default judgment. But it does not happen automatically. You need to request it, and the court requires specific documents before it will grant one.

The 30-Day Window

Under ORS 46.455 (as amended by House Bill 2463), the defendant has exactly 30 calendar days from the date service was completed to file a written response. The count starts the day after service. If the 30th day falls on a weekend or court holiday, the deadline extends to 5:00 PM on the next business day.

Only after that window closes with no response can you apply for default judgment.

One critical prerequisite: your service must have been valid. If you served by certified mail and someone other than the defendant signed the green card — a spouse, roommate, or employee — that service is legally defective. A default judgment entered on defective service can be vacated later, unwinding everything you gained.

Documents You Need to File

To request a default judgment in Oregon Circuit Court small claims, you submit a packet that typically includes:

Motion for Default Judgment & Defendant Status Declaration — use the current OJD small-claims form. It includes the defendant-status questions, including the military-service declaration.

Proof of Service — a filed Certificate of Service (or signed Acceptance of Service) showing the defendant was properly served and the method used.

Proposed Small Claim General Judgment — attach the completed judgment form as directed by the current OJD motion form.

The court reviews the request. The judge may enter default judgment if service was valid, the response period expired, and the required paperwork is complete.

What the Default Judgment Gets You

A default judgment is a money judgment for the amount you claimed, plus your filing fee, service expenses, and the statutory prevailing party fee. Post-judgment interest accrues at 9% per year under ORS 82.010(2) from the date the judgment is entered until it is paid in full.

The judgment is enforceable through the same collection mechanisms as any other money judgment: wage garnishment, bank account garnishment, and judgment liens on real property.

When Things Go Wrong

The two most common problems with default judgment requests:

Defective service. If your certified mail was signed by someone other than the defendant, or if substituted service was not properly completed (copies left with a household member plus a first-class mailing), the court will reject the default judgment application. Worse, if the court grants it despite defective service and the defendant later discovers the judgment, they can file a Motion for Relief under ORCP 71 B and have it vacated.

Missing the 63-day proof deadline. You must file proof of service with the court within 63 calendar days of your original filing date. If you miss this deadline, the court can dismiss your case for want of prosecution — before you even get to request a default judgment. Keep a calendar and file your Certificate of Service promptly after successful service.

Can the Defendant Undo a Default Judgment?

Yes, but it is not easy. The defendant would need to file a Motion for Relief from Default Judgment under ORCP 71 B, demonstrating one of these grounds:

• Mistake, inadvertence, or excusable neglect (they genuinely did not know about the case)
• The judgment is void (defective service)
• Fraud, misrepresentation, or other misconduct by the plaintiff

The court has discretion on whether to grant relief. If the defendant shows they had a valid reason for not responding and a potentially meritorious defense, the court may vacate the default and schedule a hearing where both sides present their case.

This is why clean, properly executed service matters so much. A well-documented service trail makes it much harder for the defendant to claim they never knew about the case.

After the Default Judgment

Getting the judgment is step one. Collecting the money is step two. Send the defendant a written demand for payment itemizing the judgment amount, court fees, service costs, prevailing party fee, and accrued interest. Give them a reasonable timeframe to pay voluntarily.

If they do not pay, Oregon provides enforcement tools — garnishment of wages and bank accounts under ORS Chapter 18, and judgment liens on real property. Our Oregon Small Claims Filing Guide walks through the full default judgment process with a deadline calendar that keeps every step on track.

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