Oregon Small Claims Response Deadline: 30 Days After HB 2463

14 Days Is Gone — It's 30 Now

If you were served with a small claims case in Oregon and started Googling the deadline, you probably found conflicting answers. Some sites say 14 days. Others say 30. The confusion is understandable — Oregon changed the law recently.

House Bill 2463, passed during the 2025 legislative session and effective January 1, 2026, amended ORS 46.445 and ORS 46.455 for Circuit Court small claims and former ORS 55.045 and ORS 55.065 for Justice Court small claims, now ORS 52.770 and ORS 52.780. The small claims response window went from 14 calendar days to 30 calendar days, statewide, in both circuit courts and justice courts.

For a claim filed in a small claims department on or after January 1, 2026, sources that still say "14 days" are outdated. Check the service date and the current instructions for your case.

How to Calculate Your Exact Deadline

The 30-day clock starts the day after service. The start date depends on how you were served:

• Personal service (papers handed to you directly): Day 0 is the date someone handed you the documents.
• Substituted service (papers left with a household member, then mailed): Day 0 is the date the follow-up mailing was deposited in the mail.
• Office service (papers left at your business, then mailed): Day 0 is the mailing date.
• Certified mail (you signed for the delivery): Day 0 is the date you signed the green card.

Day 1 is the day after that trigger event. Count forward 30 calendar days.

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

Receipt, Not Postmark

Oregon requires your response to be received and docketed by the clerk on or before Day 30. Dropping the envelope in a mailbox on the last day is not enough — if it arrives on Day 31, it is late.

Options to avoid a last-minute disaster:

• File in person at the courthouse clerk's window before closing (typically 5:00 p.m.).
• File electronically through Oregon's Guide & File system where it is available for your case — the submission timestamp must be before 11:59:59 p.m. Pacific Time on the deadline date.
• Mail early if you choose postal filing. Five to seven business days of buffer is realistic.

What Happens When You Miss the Deadline

In Circuit Court small claims, the plaintiff must apply to the court for default under ORS 46.475. The court can enter a default judgment without hearing your version; the award may include damages, the plaintiff's filing fee, service costs, and the statutory prevailing-party fee.

For a Circuit Court small-claims default judgment, ORS 46.475(5) allows a motion to set it aside within 60 days after entry, upon a showing of good cause. For a Justice Court small-claims default judgment or dismissal, ORS 52.790(5) allows the court to set it aside within 60 days upon good cause shown and reset the claim for hearing.

The ORS 46.455 Deadline Also Governs Jury Trial Demands

If the claim against you exceeds $750 (including prejudgment interest, administrative fees, and litigation costs requested in the claim, as HB 2463 requires), you have the right to demand a jury trial. That demand must also be made within the same 30-day window, on the same Defendant's Response form. Miss the 30 days and you lose the jury trial option.

Don't Let Settlement Talks Run Out Your Clock

Settlement talks do not pause the 30-day deadline. Under ORS 46.475(1), the court may grant an extension on a written request showing good cause. A verbal promise to wait is not legally enforceable without a formal written stipulation or an order signed by a judge.

File your response on time. You can still settle afterward — settlements happen at any point, and many Oregon counties schedule mandatory mediation before trial.

The Oregon Small Claims Response Guide walks through deadline calculation with a worksheet, so you can pin down the exact date for your situation.

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