Oregon Small Claims Defendant Instructions: What to Do After Being Served

Step 1: Read Every Page in the Packet

The service packet is not one document — it is a set. Identify each piece:

• Small Claim and Notice of Small Claim. The plaintiff's statement: who they are, what they claim, how much money they want, and which court the case is in.
• Defendant's Response form (SC-Response). The form you fill out and file with the court. This is your official answer.
• ORS 36.185 Mediation Information Notice. A statutory notice about mediation options in your county.
• Plaintiff instructions (Form F0577). Ignore this — it is for the plaintiff, not you. It sometimes ends up in the same envelope and confuses defendants.

Write down the case number, the court (circuit court or justice court), the county, the amount claimed, and the date you were served. You will need all of these.

Step 2: Verify the Case Is Real

Before doing anything else, confirm the lawsuit actually exists. Scam letters disguised as court documents are common. Check the case number through the Oregon Judicial Department Records and Calendar Search or call the courthouse clerk using a phone number from the official courts.oregon.gov website — not from the papers themselves.

A case may not appear online immediately after service because of processing delays. That does not mean it is fake. If in doubt, call the clerk directly.

Step 3: Calculate Your Deadline

You have 30 calendar days from the date of service to file your response. This deadline was extended from 14 days under House Bill 2463, effective January 1, 2026.

Day 0 is the day service occurred. For personal service, that is the day papers were handed to you. For substituted or office service, it is the date the follow-up mailing was deposited. For certified mail, it is the date you signed the green card.

If Day 30 falls on a Saturday, Sunday, state holiday, or a day the courthouse is closed by executive order, the deadline moves to 5:00 p.m. on the next business day the court is open.

Your response must be received by the clerk by the deadline. A postmark on Day 30 is not enough.

Step 4: Choose Your Response

The form gives you four options:

1. Admit and pay. You agree the claim is valid, pay the plaintiff in full, and file proof of payment. No hearing. No fee.
2. Deny and request a hearing. You dispute the claim. For Circuit Court cases, file the form with the appearance fee ($57 for claims up to $2,500; $102 for more than $2,500 up to $10,000). Justice Courts set separate fee schedules. The court schedules a hearing.
3. Deny and demand a jury trial. Only if the total claim, including prejudgment interest, administrative fees, and litigation costs requested in the claim, exceeds $750. Transfers the case to the civil docket with formal rules — and a fee-shifting risk if you lose.
4. Counterclaim. You have your own claim against the plaintiff from the same dispute. File it alongside a denial.

If you are unsure which option fits, denial with a hearing request is the safest default. It keeps your options open without transferring the case or admitting liability.

Step 5: File the Form

Three filing methods:

• In person at the courthouse clerk's window
• By mail (allow time — must arrive before the deadline)
• Electronically through OJD Guide & File (before 11:59:59 p.m. Pacific on the deadline date)

Electronic filing availability varies, especially in Justice Courts; check the court named on your papers.

Submit the applicable appearance fee with the form. If you cannot pay, file a Fee Deferral or Waiver Application (Form AFF-1) at the same time. Justice Court fees and forms may differ; check with the court named on your papers.

Step 6: Prepare for What Comes Next

After your response is filed, the court schedules either mediation or a hearing. Start gathering evidence now — contracts, receipts, photos, text messages, emails. Organize them chronologically and make three copies of everything for the hearing.

The Oregon Small Claims Response Guide covers every step in detail, from reading the papers through post-decision options, with worksheets for deadline calculation and evidence organization.

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