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Small claims are filed to resolve disputes without a lawyer. The amount claimed (including the value of property) must be $10,000 or less.
If you use the Claim and Notice form in Supporting Documents below, you will need one complete original to file with the Court. Upon payment of the $37 filing fee, two copies will be made and certified for service. If you need additional copies, you can purchase them for .
If you have been served with a Small Claim, you have 14 calendar days to file your response. If the response is not received by the court within that time, the plaintiff may request a default judgment against you for the amount claimed plus filing fees, service costs, and a prevailing party fee.
ORCP 69 requires the court or clerk to enter an order of default on a showing by affidavit or declaration that a party against whom a judgment is sought has been served with Summons or is otherwise subject to the jurisdiction of the Court and has failed to plead or otherwise defend within the time set by law.
GO TO THE CLERK OF THE COURT The person's personal and contact details. The clerk of the court will prepare a summons which will force the person to come to court at the set date. The summons will be delivered by you or the sheriff of the court.
A vacated judgment (also known as vacatur relief) makes a previous legal judgment legally void. A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court.
File the original MOTION and CERTIFICATE with the court clerk. Wait 7 days from mailing the MOTION to the other party. Fill out the Order to Vacate Judgment of Dismissal/Order of Default (ORDER). Make two copies of the ORDER.
Simply keep repeating (1) your good reason for failing to file an Answer; and (2) your defense in the case. As long as you have a reasonable excuse and a meritorious defense, the judge should grant the Motion to Vacate and vacate the judgment against you.
? To start a case, fill out the Small Claim and Notice of Small Claim form located on our website at and pay the filing fee. o If you are asking for money damages, you must itemize and prove your actual loss.
1. The court has jurisdiction to set aside a judgment obtained by fraud in a subsequent action brought for that purpose. Such impeachment action must be by way of fresh action, and not in the same action where the impugned earlier judgment was made; 2.