Small Claims/Civil:

A Small Claim is a lawsuit where the claim for money is equal to or less than $7,500.  A small claims case is an informal lawsuit, in which lawyers are not allowed to be involved.   It is a civil pro se process that allows parties to settle disputes before a court by which one party is awarded a judgment. 

To start a small claims case, the person making the claim (the Plaintiff) fills out a one page Claim and Notice of Claim.  The court has this form available at no cost to the participant.  The Claim will contain a summary of the reason for the claim, amount of the claim, and date claim arose.

Filing fees are mandatory and set by statute. 

It is up to the Plaintiff to have the Defendant (the person who allegedly owes money) personally served with a copy of the Claim and Notice of Claim.  The Plaintiff cannot personally serve the paperwork, and many people have the Sheriff's Office make the service.  There is a minimum $28 fee (plus a possible mileage charge depending on where service occurs) for this service. Contact Lane County Sheriff's office for details.

Once the Defendant has been properly "served," they have 14 days to file an Answer.  This could also result in a Counterclaim against the plaintiff.  Counterclaim forms are available at the court at no cost to the participant.

If the Defendant has not filed an Answer within 14 days, the Plaintiff may file a "Default Judgment," which means that they win automatically.  Default Judgment forms are available at the court at no cost to the participant. 

If the court awards a money judgment, it is up to the party receiving the money judgment to collect it from the other party. 

The court cannot give legal advice.  Legal advice includes helping you choose words to describe your claim, or tell you how much money you should request on your Claim.

The entire Small Claim, Civil and FED processes are currently manual.  There is no automation at the present time.  If you are calling for information on your case, please have your case number or names of both parties as a manual search will need to be conducted.

Please contact the court for additional information.  Central Lane Justice Court is located at 220 5th Street, Springfield OR 97477.  Phone:  541/682-2095     Fax:  541/744-1190

FED/Eviction:

Justice Courts handle disputes between Landlords and Tenants.  These are commonly called "evictions" or FED's.  FED is an abbreviation for Forcible Entry and Detainer.  FED is the legal name for the civil process where a landlord files against tenants for failure to pay rent, or some other reason, and where the landlord wants the tenants evicted. 

The rented property must be within the County where the Court is located, or the Court cannot hear the case.

The Landlord needs to come to the court to file a complaint for the FED.  The landlord must bring a copy of the written notice of eviction that the landlord earlier gave to the tenant.  This copy is attached to the complaint.  At the time the complaint is filed, the clerk will give the landlord a court date.  The landlord has to come back to the court on that date, or the landlord will lose.

It is up to the landlord to have the tenant served with a copy of the complaint and eviction notice.  Like the Small Claim/Civil process, many people request that the Sheriff make this service.  There is a minimal $28 fee (with the possibility of mileage depending on the location of service) to "serve" the paperwork to the tenant.

If the tenant does not show up for the first court hearing, the landlord wins automatically, and the court will enter a judgment of possession.  

If the tenant does appear at court, the parties may reach a settlement agreement, agree with the landlord's complaint, or file an answer.  If an Answer is filed, a trial will be set.

Both sides are allowed to bring witnesses and exhibits (like documents or photos) to the trial.  The court can award attorney fees if a party is represented by a lawyer and that party prevails at trial.

Mandatory fees and timelines are set by statute.

This area of law is complex.  The court cannot give legal advice.  Legal advice includes helping you choose words to describe your claim, or tell you how much money you should request on your Claim.

The entire Small Claim, Civil and FED processes are currently manual.  There is no automation at the present time.  If you are calling for information on your case, please have your case number or names of both parties, as a manual search will need to be conducted.

Please contact the court for additional information.  Central Lane Justice Court is located at 220 5th Street, Springfield OR 97477.  Phone:  541/682-2095     Fax:  541/744-1190

 

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