Free Defendants Answer - Oregon

IN THE CIRCUIT COURT OF OREGON FOR THE COUNTY OF LINN SMALL CLAIMS DEPARTMENT
___________________________________________________ ___________________________________________________ Plaintiff,

CASE NO:_________________________ DEFENDANT'S ANSWER

vs.
___________________________________________________ ___________________________________________________ Defend ant. Check ONLY ONE of the alternatives listed. Unless this completed form is returned to the Court within 14 days from date of service, the Plaintiff may request a DEFAULT JUDGMENT. ***NOTICE: READ THE REVERSE SIDE FOR NECESSARY INSTRUCTIONS*** 1.____ I hereby admit the claim of the Plaintiff, and A.( )I have made full payment or arranged to make payment to the Plaintiff. The proof of payment is enclosed. B.( )I have returned the demanded property to the Plaintiff. The proof of delivery is enclosed. I deny the claim of the Plaintiff, and I demand a hearing in the Small Claims Department. Enclosed is the Defendant's fee (claim is $1500 or less, defendant's fee = $44.50; claim exceeds $1500, defendant's fee = $82.50). DO NOT MAIL CASH. In some circumstances, the fees may be deferred, see FEE DEFERRAL FORM information below. ** A hearing is hereby demanded in the Small Claims Department, and I wish to file a counterclaim against the Plaintiff. Enclosed is Defendant's fee (claim is $1500 or less, defendant's fee = $44.50; claim exceeds $1500, defendant's fee = $82.50). DO NOT MAIL CASH. In some circumstances, the fees may be deferred, see FEE DEFERRAL FORM information below. **

2.____

3.____

I, Defendant, claim that on or about __________, _____, the above named Plaintiff owed me the sum of $_____________, and is still owing for:________________________________________________________________________________________ _________________________________________________________________________________________________________
4.____ I hereby demand a jury trial. The amount of the claim exceeds $750. Enclosed is the Defendant's fee of $128 and the Jury fee of $116 (total $244). (Note: You are required to designate a mailing address to which notice can be mailed).

I, above named Defendant, having been duly sworn, state that I have read the above claim and it is true as I verily believe.

DATE: ________________

DEFENDANT'S SIGNATURE _____________________________________________ MAILING ADDRESS: ____________________________________________________

(THIS FORM MUST BE SIGNED)

________________________________________ PHONE _______________________

Subscribed and sworn to before me this ______ day of ____________________________, 2____

N
(Notary/court witnessing required only if selecting a counterclaim)

__________________________________________________ NOTARY PUBLIC/COURT CLERK My Commission Expires: ___________________________

FEE DEFERRAL FORM: If you are financially unable to pay the fees, you may request a deferral of filing fees. A form is available at the Circuit Court Clerk's Office or online (see reverse page). In order to have the claim legally answered within 14 days, your request for deferral must be approved by the Court and your answer or counterclaim filed within 14 days.

**Linn County provides mediation on small claims cases. The mediation orientation scheduled by the court requires mandatory attendance by all parties, though actual participation in the mediation process is voluntary.
Rev 02/08

SMALL CLAIMS DEFENDANT'S INSTRUCTIONS LINN COUNTY CIRCUIT COURT
READ THE FOLLOWING INFORMATION CAREFULLY: UNLESS YOU CHECK ONE OF THE ALTERNATIVES LISTED ON DEFENDANTS ANSWER AND FILE THE ANSWER WITH THE COURT, ALONG WITH THE NECESSARY FEES (in some cases, fees may be deferred-see front of this form), WITHIN 14 CALENDAR DAYS AFTER SERVICE OF THE NOTICE OF CLAIM ON YOU, THE PLAINTIFF MAY REQUEST A DEFAULT JUDGMENT. THE PLAINTIFF MAY THEN REQUEST THAT PROPERTY OWNED BY YOU BE TAKEN OR LEVIED AGAINST TO SATISFY THIS JUDGMENT. THE CLERK CANNOT GIVE YOU LEGAL ADVICE OR COMPLETE FORMS. For legal service, consult an attorney (the Oregon State BAR lawyer referral service telephone 1-800-452-7636). Small claims proceedings are governed by Oregon Revised Statutes (ORS) 46.405 through 46.57 0. Forms for the proceedings are available in Room 107 of the Linn County Courthouse. PAYMENT OF CLAIM: 1) If you admit owing the claim: you must make payment in full, including costs, to the Plaintiff (payment plans are between you and the plaintiff). Submit proof of payment to the Court. 2) If the claim is for specific property, you must make arrangements to deliver the property to the Plaintiff. Submit proof of delivery to the Court. DEMAND FOR A HEARING: 1) If you believe that you do not owe all or any portion of this claim, you may demand a hearing before a Judge of the Linn County Circuit Court. You must enclose the defendant's fee as follows: if the amount claimed is $1500 or less, the fee is $44.50; if the amount claimed exceeds $1500, the fee is $82.50. DO NOT SEND CASH make checks or money orders payable to the State of Oregon. (In some situations, fees may be deferred--see front of this form.) 2) The Court will mail you a notice indicating the time of the hearing/mediation orientation. 3) The hearing is informal. Both the Plaintiff and the Defendant may offer testimony, bring witnesses and other evidence pertinent to the controversy. No attorney may appear with either party without prior approval of the Court. COUNTERCLAIM: You may file a counterclaim against the Plaintiff if you believe that he/she owes you money or holds specific personal property of yours as part of the same controversy. If the counterclaim is $7500 or less, it will be heard at the same hearing. A counterclaim greater than $7500 is a circuit court civil matter and cannot be processed as a small claim. It is recommended that you consult with an attorney for more information on processing civil matters. NOTE: THERE IS NO APPEAL FROM A DECISION IN THE SMALL CLAIMS DEPARTMENT. DEMAND FOR A JURY TRIAL: 1) If the Plaintiff's claim is for more than $750, you may demand a jury trial. You must file this Answer with the Court along with the circuit court fees of $128 and deposit a jury fee of $116 (total $244). 2) The Plaintiff will be notified of your selection. The Plaintiff has 20 calendar days to file a formal civil Complaint with the Court. If no Complaint is filed within 20 days, the Court will dismiss the case. Within 30 days thereafter, you may make a written request to the Court to refund the $116 jury fee. 3) If a Complaint is filed by the Plaintiff, the amount requested is not limited to the amount of the Small Claim, but must involve the same controversy as the original claim. The new Complaint is processed as a circuit court civil case and subject to civil case procedures. 4) A copy of the Complaint will be served on you by mail. You have 10 calendar days from the time the Complaint would be delivered to you in due course mail in which to answer the action. Further instructions will be noted on the Summons you will receive if a Complaint is filed. For additional information you may call the Oregon State BAR at 1-800-452-4776 and ask for TelLaw tape #7004. For procedural questions, you may contact the Clerk of the Court. For legal advice, consult an attorney.

LINN COUNTY CIRCUIT COURT-SMALL CLAIMS DEPARTMENT PO BOX 1749 (300 SW 4th, Room 107) ALBANY, OR 97321-0491 www.ojd.state.or.us/linn

Telephone: (541)967-3845