Read the full stored bill text
83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Enrolled
House Bill 2463
Introduced and printed pursuant to House Rule 12.00. Presession filed (at the request of House In-
terim Committee on Judiciary for Oregon State Bar)
CHAPTER .................................................
AN ACT
Relating to small claims; creating new provisions; and amending ORS 30.648, 46.445, 46.455, 55.045
and 55.065.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 46.455 is amended to read:
46.455. Within [ 14] 30 days after the date of service of the notice and claim upon the defendant
as provided in ORS 46.445:
(1) If the defendant admits the claim, the defendant may settle it by:
(a) Paying to the plaintiff the amount of the claim plus the amount of all filing fees and service
expenses paid by the plaintiff and mailing proof of that payment to the court.
(b) If the claim is for recovery of specific personal property, delivering the property to the
plaintiff and paying to the plaintiff the amount of all filing fees and service expenses paid by the
plaintiff and mailing proof of that delivery and payment to the court.
(2) If the defendant denies the claim, the defendant:
(a) May demand a hearing in the small claims department in a written request to the clerk in
the form prescribed by the court, accompanied by payment of the defendant’s fee prescribed; and
(b) When demanding a hearing, may assert a counterclaim in the form provided by the court.
(3) If the total amount or value claimed , including identified prejudgment or preaward in-
terest, fees and costs, exceeds $750, the defendant has a constitutional right to a jury trial and
may claim that right in a written request to the clerk in the form prescribed by the court, accom-
panied by payment of the appearance fee required from defendants under ORS 21.160. The request
shall designate a mailing address to which a summons and copy of the complaint may be served by
mail. Thereafter, the plaintiff’s claim will not be limited to the amount stated in the claim, though
it must involve the same controversy.
SECTION 2.
ORS 55.065 is amended to read:
55.065. Within [ 14] 30 days after the date of service of the notice and claim upon the defendant
as provided in ORS 55.045:
(1) If the defendant admits the claim, the defendant may settle it by:
(a) Paying to the court the amount of the claim plus the amount of the small claims fee and
service expenses paid by the plaintiff. The court shall pay to the plaintiff the amounts paid by the
defendant.
(b) If the claim is for recovery of specific personal property, delivering the property to the
plaintiff and paying to the plaintiff the amount of the small claims fee and service expenses paid by
the plaintiff.
Enrolled House Bill 2463 (HB 2463-A) Page 1
(2) If the defendant denies the claim, the defendant:
(a) May demand a hearing in the small claims department in a written request to the court in
the form prescribed by the court, accompanied by payment of the defendant’s fee prescribed; and
(b) When demanding a hearing, may assert a counterclaim in the form provided by the court;
or
(c) If the total amount or value claimed , including identified prejudgment or preaward in-
terest, fees and costs, exceeds $750, may demand a jury trial in a written request to the court in
the form prescribed by the court, accompanied by payment of the appearance fee prescribed by ORS
51.310 (1)(b) together with the trial fee prescribed by ORS 52.410. The request shall designate a
mailing address to which a summons and copy of the complaint may be served by mail. Thereafter,
the plaintiff’s claim will not be limited to the amount stated in the claim, though it must involve the
same controversy.
SECTION 3.
ORS 46.445 is amended to read:
46.445. (1) Upon the filing of a claim in the small claims department of a circuit court, the clerk
shall issue a notice in the form prescribed by the court.
(2) The notice shall be directed to the defendant, naming the defendant, and shall contain a copy
of the claim.
(3) The notice and claim shall be served upon the defendant either in the manner provided for
the service of summons and complaint in proceedings in the circuit courts or by certified mail, at
the option of the plaintiff. If service by certified mail is attempted, the plaintiff shall mail the notice
and claim by certified mail addressed to the defendant at the last-known mailing address of the de-
fendant. The envelope shall be marked with the words “Deliver to Addressee Only” and “Return
Receipt Requested.” The date of delivery appearing on the return receipt shall be prima facie evi-
dence of the date on which the notice and claim was served upon the defendant. If service by cer-
tified mail is not successfully accomplished, the notice and claim shall be served in the manner
provided for the service of summons and complaint in proceedings in the circuit courts.
(4) The notice shall include a statement in substantially the following form:
_______________________________________________________________________________________
NOTICE TO DEFENDANT:
READ THESE PAPERS CAREFULLY!
Within [ 14] 30 DAYS after receiving this notice you MUST do ONE of the following things:
Pay the claim plus filing fees and service expenses paid by plaintiff OR
Demand a hearing OR
Demand a jury trial
If you fail to do one of the above things within [14] 30 DAYS after receiving this notice, then
upon written request from the plaintiff the clerk of the court will enter a judgment against you for
the amount claimed plus filing fees and service expenses paid by the plaintiff, plus a prevailing party
fee.
If you have questions about the small claims court filing procedures after reading this notice,
you may contact the clerk of the court; however, the clerk cannot give you legal advice on the
claim.
_______________________________________________________________________________________
SECTION 4.
ORS 55.045 is amended to read:
55.045. (1) Upon the filing of a claim, the court shall issue a notice in the form prescribed by
the court.
(2) The notice shall be directed to the defendant, naming the defendant, and shall contain a copy
of the claim.
(3) If the amount or value claimed is $50 or more, the notice and claim shall be served upon the
defendant in the manner provided for the service of summons and complaint in proceedings in the
circuit courts.
Enrolled House Bill 2463 (HB 2463-A) Page 2
(4) If the amount or value claimed is less than $50, the notice and claim shall be served upon
the defendant either in the manner provided for the service of summons and complaint in pro-
ceedings in the circuit courts or by certified mail, at the option of the plaintiff. If service by certi-
fied mail is attempted, the court shall mail the notice and claim by certified mail addressed to the
defendant at the last-known mailing address of the defendant within the territorial jurisdiction of
the court. The envelope shall be marked with the words “Deliver to Addressee Only” and “Return
Receipt Requested.” The date of delivery appearing on the return receipt shall be prima facie evi-
dence of the date on which the notice and claim was served upon the defendant. If service by cer-
tified mail is not successfully accomplished, the notice and claim shall be served in the manner
provided for the service of summons and complaint in proceedings in the circuit courts.
(5) The notice shall include a statement in substantially the following form:
_______________________________________________________________________________________
NOTICE TO DEFENDANT:
READ THESE PAPERS CAREFULLY
Within [ 14] 30 DAYS after receiving this notice you MUST do ONE of the following things:
Pay the claim plus fees and service expenses paid by plaintiff OR
Demand a hearing OR
Demand a jury trial
If you fail to do one of the above things within [ 14] 30 DAYS after receiving this notice, then
upon written request from the plaintiff, the court will enter a judgment against you for the amount
claimed plus fees and service expenses paid by the plaintiff.
If you have questions about this notice, you should contact the court immediately.
_______________________________________________________________________________________
SECTION 5.
ORS 30.648 is amended to read:
30.648. (1)(a) An adult in custody who brings an action against a public body in a small claims
department must serve the notice and claim and all subsequent filings on the public body. If the
public body is the Department of Corrections or another state agency, the adult in custody must also
serve the notice and claim and all subsequent filings on the Attorney General.
(b) Notice and claim served under paragraph (a) of this subsection must be served in the manner
provided in ORS 46.445 [ except that the statement required under ORS 46.445 (4) must read “30
DAYS” instead of “14 DAYS.” ].
(2) The public body or Attorney General served under subsection (1) of this section must take
action as required under ORS 46.455 [ except that the public body or Attorney General must admit or
deny the claim within 30 days after the date of service ].
(3) Notwithstanding ORS 46.405, in an action against a public body brought under this section,
the court shall transfer the action to the regular department of the circuit court upon request of the
public body or, if the public body is the Department of Corrections or another state agency, or an
officer, employee or agent of the Department of Corrections or the state agency, upon request of the
public body or the Attorney General.
(4) Notwithstanding ORS 46.415, in an action against a public body brought under this section,
if the public body is the Department of Corrections or another state agency, or an officer, employee
or agent of the Department of Corrections or the state agency, an attorney or paralegal employed
by the Department of Justice may appear and represent the public body.
(5)(a) Notwithstanding ORS 46.475, in an action against a public body brought under this sec-
tion, notice of intent to apply for an order of default, in the form prescribed by Uniform Trial Court
Rule 2.010, must be filed and served on the public body against which an order of default is sought
at least 10 days before a court may enter an order of default. If the public body is the Department
of Corrections or another state agency, or an officer, employee or agent of the Department of Cor-
rections or the state agency, notice must also be served on the Attorney General.
Enrolled House Bill 2463 (HB 2463-A)Page 3
(b) The court may not enter a default judgment in favor of the adult in custody unless the adult
in custody submits to the court proof of service by affidavit of the notice and claim required under
subsection (1) of this section and the notice of intent to apply for an order of default required under
paragraph (a) of this subsection.
SECTION 6. The amendments to ORS 30.648, 46.445, 46.455, 55.045 and 55.065 by sections
1 to 5 of this 2025 Act apply to claims filed in a small claims department on or after the ef-
fective date of this 2025 Act.
Passed by House February 20, 2025
Repassed by House May 19, 2025
..................................................................................
Timothy G. Sekerak, Chief Clerk of House
..................................................................................
Julie Fahey, Speaker of House
Passed by Senate May 6, 2025
..................................................................................
Rob Wagner, President of Senate
Received by Governor:
........................M.,........................................................., 2025
Approved:
........................M.,........................................................., 2025
..................................................................................
Tina Kotek, Governor
Filed in Office of Secretary of State:
........................M.,........................................................., 2025
..................................................................................
Tobias Read, Secretary of State
Enrolled House Bill 2463 (HB 2463-A) Page 4