Bicycle Laws
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Statutes for Small Claims/District Court46.060 Civil Juristiction < 10k 46.405 Small Claims Department 20.080 Attorney Fees Provisions Statutes for Small Claims/District Court 46.060 Civil jurisdiction generally. (1) Except as provided in subsection (2) of this section, the district courts shall have exclusive jurisdiction in the following cases: (a) For the recovery of money or damages only when the amount claimed does not exceed $10,000. when, in such a case arising out of contract, the ends of justice demand that an account be taken or that the contract be reformed or canceled, the district court shall have jurisdiction to decree such accounting, reformation or cancellation. (b) For the recovery of specific personal property when the value of the property claimed and the damages for the detention do not exceed $10,000. (c) For the recovery of any penalty or forfeiture, whether given by statute or arising out of contract, not exceeding $10,000. (d) To give judgment without trial upon the confession of the defendant for any of the causes of action specified in this section except for a penalty or forfeiture imposed by statute. (e) To hear and determine actions of forcible entry and detainer. (f) To enforce, marshal and foreclose liens upon personal property where the amount claimed for such liens does not exceed $10,000,. and to render personal judgment therein in favor of any party. (g) Actions and proceedings of interpleader and in the nature thereof, when the amount of money or the value of the property involved does not exceed $10,000. (h) Actions and proceedings, whether legal or equitable, to preserve the property or rights of any party to an action of which the court has jurisdiction, and to enforce the collection of its own judgments, including all actions and proceedings in the nature of creditors' bills, and, in aid of execution, to subject the interest of a judgment debtor in personal property to the payment of such judgment. District courts' shall not have jurisdiction to appoint receivers. (i) Actions or suits for injunctive relief under ORS chapter 90 when the amount of' any damages claimed does not exceed $10,000. (2) The jurisdiction granted the district court in subsection (1) of this section does not affect the jurisdiction of any justice court, and in a county with no district court the circuit court has 'jurisdiction to hear all matters otherwise assigned to the district court. (3) The district court shall have jurisdiction to hear cases arising under ORS 166.274. (4) Whenever an action or proceeding is brought in a district court, the court shall have jurisdiction to hear and determine preserve and enforce all rights involved therein including all cases in equity when pleaded as defensive matter, and to exercise all legal and equitibal remedies necessary or proper for complete determination of the rights of the parties, subject to the limitations imposed by this section. (5) For purposes of this section, the amount claimed, value of property, damages or any amount in controversy does not indude any amount claimed as costs and disbursements or attorney fees as defined by ORCP 68 A. [Amended by 1957 c.661 ß1; 1965 c.495 ß1; 1975 c.611 ß18; 1983 c.149 ß1; 1985 c.342 ß1; 1985 c.496 ß28; 1985 c.588 ß3a; 1987 c.714 ß8; 1989 c.839 ß33] Note: 46.060 is repealed Janurary 15, 1998. See notes preceding 46.010. 46405 Small claims department; jurisdiction. (1) Each district court shall have a small claims department, (2) All actions for the recovery of money, damages, specific personal property, ,or any penalty or forfeiture, excepting class actions and actions providing for statutory attorney fees, where the amount or value claimed does not exceed $200, shall be commenced and prosecuted only in the small claims department where the amount or value claimed does not exceed $2,500, such actions may be commenced and prosecuted in the small claims department. (1971 c.760 ß2; 1973 c.812 ß2; 1975 c.592 ß1; 1979 c.567 ß1; 1983 c.242 ß1; 1985 c.367 ß1; 1987 c.725 ß1] Note: The amendments to 46.405 by section 43, chapter 658, Oregon Laws 1995, become operative January 15, 1998. See sections 129 and 150, chapter 658, Oregon Laws 1995. The text that is operative on and after January 15, 1998, is set forth for the user's convenience. 464.050 (1) Each circuit court shall have a small claims department, (2) All actions for the recovery of money, damages, specific personal property, or any penalty or forfeiture, excepting class actions and actions providing for statutory attorney fees where the amount or value does not exceed $200, shalt be commenced and prosecuted only in the small claims department. where the amount or,, value claimed does not exceed $2,500, such actions may be commenced and prosecuted in' the small claims department. Note: The amendments to ORS 46.465 by section 1 chapter 227, Oregon Laws 1995, become effective only at the Oregon Constitution Is amended by a vote of the 9 people in ,the manner proposed by House Joint Resolution 47 (1995). The amendments become effective on the effective date of House Joint Resolution 47 (1995). Sesection 5, chapter 227, Oregon Laws 1995. The text of the proposed amendment is set forth for the user's convenience. 46.405. (1) Each district court shall have a small claims department. (2). All actions for the recovery of money damages, specific personal property, or any penalty or forfeiture, excepting class actions and actions providing for statutory attorney fees, where the amount or value claimed does not exceed $750, shall be commenced and prosecuted only in the small claims department. where the amount or value claimed does not exceed $2,560, such actions may be commenced and prosecuted in the small claims, department. 20.080; Attorney fees in actions for damages for personal or property injury (1) In any action for damages for an injury or wrong to the person or property or both of another where the amount pleaded is $4,000 or, less, and the plaintiff prevails in the action, there shall be taxed and allowed to the plaintiff; at trial and on appeal, a reasonable amount to be fixed by the court as attorney fees for the 'prosecution of the action; if the court finds that written demand for the Payment of such claim was made on the defendant not less than 10 days before the commencement of the action or the filing of a formal, complaint under ORS 46.458 or not more than 10 days after the transfer of the action under ORS 46.461. However, no attorney fees shall be allowed to the plaintiff if the court find that the defendant tendered prior to the commencement of the action or the filing of a formal complaint under ORS 46.455 or not more then 10 days after the transfer of the action under ORS 46.461, an amount not less than the damages, awarded to the plaintiff. (2) If the defendant pleads a counter claim, not to exceed $4,000, and the defendant prevails in the action, there shall be taxed and allowed to the defendant, at trial and on appeal, a reasonable amount to be fixed by the court as attorney fees for the prosecution of the counterclaim: (Amended by 1955 c.554 ß1; l979 c.525 ß1; 1981 c.897 ß1; 1981 c.898 ß19; 1985 c342 ß7; 1985 c.618 ß15c] This Web Site was developed by neptune@spiritone.com . |