IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH Small Claims Department ________________________________ ________________________________ Plaintiff(s), v. CASE NO. ___________________ DEFENDANT'S RESPONSE Interpreter needed: Spanish other: _______________ Russian ________________________________ ________________________________ Defendant(s). Proof of payment (including fees and costs) to Plaintiff is attached (or proof that the requested property was returned to Plaintiff). Total Amount Paid: $ __ *Any payment arrangements must be made directly with the plaintiff. DENIAL OF CLAIM AND DEMAND A HEARING I deny the plaintiff's claim and demand a hearing {or} jury trial.* *The claim must be for more than $750 (without fees and costs) to request a jury trial. I AM RESPONDING ON BEHALF OF Self ___________________________ Name Parties you are responding for (or) Describe property and method of return: ___ COUNTERCLAIM: I make the following counterclaim* against the plaintiff for $ *Counterclaims must arise out of the same transaction or event as the plaintiff's claim. . I, Defendant, claim that on or about (date) _________________, the above-named plaintiff owed me the amount claimed because , and this amount is still due. If the amount is the value of property that you believe should be given to you, describe the property: ___________ _________________ Date ______________________ Signature of Defendant(s) _____________________________________________ Print/Type Name of Defendant(s) Street City/State/ZIP Phone 05-08 (11/13) Defendant's Response American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS FOR RESPONDING TO A SMALL CLAIM Mark your choice and return the Defendant's Response form (with the required fees) to the court where the Plaintiff filed the claim. Go to www.courts.oregon.gov for fee information. You can mark both "Denial of Claim" and "Counterclaim," but if you pay the claim, do not mark any other choice. PRINT CLEARLY. Write all names, first, middle, last. Go to www.courts.oregon.gov for fee information. The response fee may be paid by check or money order made payable to the State of Oregon. Do not send cash. If you file in person, you may pay by debit or credit card (Visa or MasterCard). You can mark both "Denial of Claim" and "Counterclaim," but if you pay the claim, do not mark any other choice. PRINT CLEARLY! Write all names first, middle, last. READ THE FOLLOWING CAREFULLY Unless you complete and sign this form and file it with the clerk within 14 calendar days after you received service, the plaintiff may request a default judgment against you for the amount claimed plus filing fees, service costs, and a prevailing party fee. If you do not send the proper fee payment, your response may be rejected and a default judgment entered against you. A default judgment may allow the plaintiff to seize and sell your property, garnish your wages, or seize funds from your bank account to satisfy the judgment. If you are not able to pay the response fee, you may file a Request for Fee Deferral or Waiver. If you are in the military ­ you may be protected from default judgments by the Servicemembers Civil Relief Act (50 U.S.C. App. § 501) if you are unable to respond in time because you are in active military service. https://www.dmdc.osd.mil/appj/scra The plaintiff may not get a default judgment against you unless you waive your rights under this Act, leave the military, or the judge holds a special hearing in your case. Speak to a legal advisor if you have concerns or questions, or if a default judgment has been entered against you. If you choose to waive your rights so that the plaintiff can get a default judgment, fill out the Waiver of Right to Stay Proceedings. Talk to a legal advisor or call the state bar association (503.684.3763). The rules about whether you are covered by this law are very technical and complex. DO NOT rely on your enlistment status to protect you. 1. PAYMENT OF CLAIM Send payment directly to the plaintiff. You must pay within 14 days from the day you receive the claim. Your payment must include filing fees and service fees that the plaintiff has paid. Fill out the Response and attach proof of your payment or return of property. There is no additional filing fee for this. 2. DEMAND A HEARING To demand a hearing you must complete the Defendant's Response form and pay the defendant's fee. Small claims hearings are informal. Both plaintiff and defendant may offer testimony and bring witnesses and other evidence at the trial. Neither party may be represented by an attorney without the judge's permission (ORS 46.415). You cannot appeal a decision from small claims court. 05-08(I) (11/13) Instructions for Responding to a Small Claim American LegalNet, Inc. www.FormsWorkFlow.com Come prepared with factual evidence if you have any, including contracts, receipts, photos, or other evidence to dispute the plaintiff's claim. 3. DENY THE CLAIM AND DEMAND A JURY TRIAL If the plaintiff's claim is more than $750, you can demand a jury trial. If you demand a jury trial, the plaintiff will have to file a formal complaint within 20 days. If the plaintiff does not file the complaint, the case will be dismissed. If you demand a jury trial, additional filing fees will be due. These fees are non-refundable. If the plaintiff files a formal complaint, a copy of the complaint and a summons will be mailed to you. You must respond within 10 days of receipt. If you do not respond, the plaintiff may get a default judgment against you. If you lose at trial, you may have to pay the plaintiff's lawyer fees. When the court receives your response to the formal complaint, the case may go to mandatory arbitration. This is an informal hearing with an arbitrator (not a judge) who will make a decision. If either you or the plaintiff do not agree with the arbitrator's decision, you may file an appeal and go to trial. However, if you do not do better with the judge, you will have to pay the trial fees for the other side. Additional fees are required for arbitration. 4. FILING COUNTERCLAIMS: If you believe that the plaintiff owes you money or property as part of the same transaction or event, you may file a counterclaim against the plaintiff. Talk to a lawyer if you are not sure whether your counterclaim is part of the same transaction or event. If your counterclaim is for $10,000 or less, it will be decided at the same hearing as the plaintiff's claim. If your count