Free FED Instructions - Oregon

LINN COUNTY COURTS INFORMATION AND PROCEDURES FOR FORCIBLE ENTRY AND DETAINER (FED'S) GENERAL INFORMATION
The filing of an eviction with the Court is solely for the Landlord (now Plaintiff) to evict the tenant(s) (now Defendant) from the premises in question. It is not for collection of back rent, damages, etc. To collect for these items, you will need to file a suit to recov er in Sm all Claim s or Civ il Circuit Court. The evictions are based upon the notice given to the tenant by the landlord. The rental property in question must be in the County in which you are filing your eviction.

PROCEDURES
1. Provide the Court with the prepared complaint and summons (forms available from the Clerk) and the current notice you are basing your eviction on. If you need assistance with the forms, the Clerk can assist you. 2. Pay filing fees: $55 .00 -- Residen tial Ev iction (+ $6 1.00 if case is set for trial & trial fee s); $189.00 -- Comm ercial Eviction

3. Take service papers to Sheriff to serve. Service fees start at $28.00 4. Appear in Court on the scheduled hearing date, prepared to have case heard. 5. First Court appearance, both parties are required to appear. If Plaintiff appears and Defendant fails to appear, the Judge will review the notice to tenant and render an immediate decision. If the Judge finds in favor of the Plaintiff, possession of the property will be granted to the Plaintiff. If both parties appear for the first appearance, the case will proceed based on the answe r filed by D efen dant. A dd itional court ap pea rances m ay b e req uired by bo th pa rties. IF SET FOR TRIAL, YOU M US T PA Y TR IAL FEE S O F $81 .00 PRIO R T O T HE TR IAL . SEE CO UR T C LERK FO R M OR E IN FO RM AT ION . IF JURY TR IAL R EQ UE ST ED , JUR Y FE ES OF $11 6.00 IS P AID B Y PAR TY W HO RE QU ES TS . If Defendant appears and Plaintiff fails to appea r, the FED w ill be dism issed, unless the Defend ant has filed for counterclaim s. The Judge will render a decision and a Money Judgment could be found in favor of Defendant and against Plaintiff. If neither party appears, the FED will be dismissed. 6. If Plaintiff is aw arde d po ssession of prem ises and Defe nda nt has fa iled to m ove w ithin allotted tim e in Jud gm ent, Plaintiff will return to Court and request a Notice of Restitution and pay $3.00 fee. This gives Defendant 96 hours to move (does not expire on a weekend or holiday). The sheriff will also charge to serve this notice. 7. If Defendant still fails to move, you must request an Execution of Judgment of Restitution be issued by the Court Clerk, pay a $ 12.00 C ourt fee and follow up d irectly with the Sheriff. The Sheriff will require add itional fees. 8. If a money judgment is awarded, the Creditor may do post-judgment collection proceedings (i.e. Garnishments on wages or bank a ccounts, executions on p roperty, etc.). A W rit of Garnishme nt information form can be ob tained from the Court Clerk. NOTE: A JUDGMENT IS MERELY THE DECISION OF THE COURT. ALTHOUGH PAYMENTS CAN BE MADE TO THE COURT, THE COURT IS NOT A COLLECTION AGENCY AND WILL NOT SECURE PAYMENT FOR THE JUDGMENT CREDITOR. ONCE THE JUDGMENT HAS BEEN PAID, THE CREDITOR IS LEGALLY RESPONSIBLE FOR NOTIFYING THE COURT IN WRITING OF THE FULL SATISFACTION OF JUDGM ENT. IF A CLAIM IS SETTLED BETWEEN BOTH PARTIES BEFORE THE FIRST APPEARANCE, THE PLAINTIFF CAN FILE WRITTEN NOTICE WITH THE COURT THAT SETTLEMENT HAS BEEN REACHED.

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For additional information, in Oregon you may call TEL-LAW at 1-800-452-4776, tape numbers 7016 and 7017. TELLAW is provided by the Oregon State Bar and is available by touch tone phone 24 hours a day. PH: (541) 967-3845 www.ojd.state.or.us/linn

LINN C OUN TY COU RTS, P. O. BOX 1749, ALBA NY, OR 97321 3 00 SW 4 th, Room 107

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REMEMBER, THE CLERK OF THE COURT CANNOT GIVE LEGAL ADVICE

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Rev 8/07