How to Respond to a Small Claims Case in Oregon
What the Papers Mean
The service packet should contain three documents: the Small Claim and Notice of Small Claim (the plaintiff's statement of what they want and why), a Defendant's Response form (the one you fill out), and an ORS 36.185 Mediation Information Notice. That third sheet is required by statute — it tells you about dispute resolution options in your county.
For Circuit Court small-claims cases, the Defendant's Response form is officially designated SC-Response by the Oregon Judicial Department. Justice Courts may use different forms; check the court named on your papers. A separate instruction packet labeled F0577 is for the plaintiff, not for you.
Before doing anything else, confirm the case is real. Look up the case number on the Oregon Judicial Department's Records and Calendar Search portal, or call the courthouse clerk using the phone number on the official courts.oregon.gov site. Never trust a phone number printed only on the papers themselves.
The 30-Day Deadline
Oregon used to give defendants 14 calendar days to respond. House Bill 2463, effective January 1, 2026, extended that to 30 calendar days in both circuit courts and justice courts statewide.
Count Day 1 as the day after service. If you were personally handed the papers on June 2, your deadline is July 2 at 5:00 p.m. If Day 30 falls on a Saturday, Sunday, 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.
Your response must be received by the clerk by that deadline — a postmark on Day 30 is not enough. If you are mailing your response, account for transit time.
Your Four Response Options
The form offers four response options. Select the choices that apply:
- Admit and pay in full. You agree to the entire claim, including the plaintiff's filing fee and service costs listed on the Notice of Claim, pay the plaintiff directly within 30 days, attach proof of payment to the form, and file it. No hearing happens. No appearance fee.
- Deny the claim and request a hearing. You dispute what the plaintiff says. For Circuit Court cases, file the form with the $57 or $102 appearance fee (depending on claim size); Justice Courts set separate fee schedules. The court schedules an informal hearing in front of a judge.
- Deny and demand a jury trial. Available only when the total claim exceeds $750 (including prejudgment interest, administrative fees, and litigation costs requested in the claim, per HB 2463). This transfers the case out of Circuit Court small claims and into the regular civil docket — formal rules, formal pleading, and an ORS 46.465(4)(a) attorney-fee penalty risk if you lose. Justice Court actions have separate procedures under ORS Chapter 52.
- File a counterclaim. You have your own claim against the plaintiff from the same dispute. You can combine a counterclaim with a denial and hearing demand. If your counterclaim exceeds $10,000, the entire case transfers to the civil docket.
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Filing the Form and Paying the Fee
You can file in person at the courthouse, by mail (risky if the deadline is close), or electronically through Oregon's Guide & File system where it is available for your case. Justice Court filing options vary; check the court named on your papers. The 2026 OJD Circuit Court response fee structure is:
- Claims up to $2,500: $57 appearance fee
- Claims over $2,500 to $10,000: $102
- Admission with proof of payment: $0
Justice Courts set separate fee schedules; check the court named on your papers.
If you cannot afford the fee, file a Deferral or Waiver of Fees application (Form AFF-1) at the same time. A waiver forgives the fee; a deferral sets up a payment plan.
What Happens If You Don't Respond
In Circuit Court small claims, the plaintiff must apply to the court for default. The court can enter a default judgment without hearing your side, and the award may include damages, the plaintiff's filing fee, service costs, and a statutory prevailing-party fee. ORS 46.475(5) allows a motion to set that judgment 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.
Responding within the 30-day window, even if the claim has some merit, keeps your options open for a hearing, negotiation, or settlement.
Next Steps After Filing Your Response
Once the clerk processes your response, the court schedules a hearing or, in many counties, a mandatory mediation session first. Multnomah County runs pre-trial mediation at the courthouse. Yamhill County routes cases through a nonprofit called Neighbor-to-Neighbor for remote mediation via Zoom. Check your county's local rules for what to expect.
Between now and the hearing, gather every document that supports your side: contracts, receipts, photos, text messages, emails. Organize them chronologically. Oregon's small claims hearings are informal, but the judge still decides based on evidence.
For a complete walkthrough of every step — from reading the papers through the hearing and post-decision options — the Oregon Small Claims Response Guide covers the full process.
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