Hannah Locklear | December 10, 2024
Fact-checked by George Simons, JD/MBA
George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD/MBA. In his spare time, George likes to cook, because he likes to eat.
Summary: You have 30 days to respond to a debt collection lawsuit in Oregon circuit court and 14 days in small claims court. You must pay a fee to file your Answer document into the case. After filing, your case will likely be assigned to mandatory arbitration, but you can still settle the debt before the arbitration hearing. Use SoloSuit to make your Answer and have it filed for you in minutes, and then settle the debt with the help of SoloSettle before your hearing.
Getting sued by debt collectors is no one's favorite pastime. But, in this article we will try to ease the pain and make the process of responding to the lawsuit a little bit easier. We will show you how to answer a summons for debt collection in Oregon.
Before we begin, rest assured: you can fight and win your debt collection lawsuit.
This article covers important topics that will help you respond to your debt collection lawsuit in Oregon, including deadlines, filing fees, forms, and what your response should include.
Ready? Set? Let's go.
Sued for debt in Oregon? SoloSuit can help you file an Answer into your case before the 30-day deadline (14 days for small claims).
Start my Answer.It's important to respond to your debt collection lawsuit before your state's deadline. If you fail to respond in time, you risk losing by default. This means that the person or company suing you can request a default judgment against you, and if granted by the court, they will have the right to garnish your wages and seize your property to get the debt paid back.
Don't let this happen to you. Respond to your debt collection lawsuit before the Oregon deadline.
Oregon Rules of Civil Procedure Rule 7 C(2) states:
“Time for response. If the summons is served by any manner other than publication, the defendant shall appear and defend within 30 days from the date of service. If the summons is served by publication pursuant to subparagraph D(6)(a)(i) of this rule, the defendant shall appear and defend within 30 days from the date stated in the summons. The date so stated in the summons shall be the date of the first publication.”
This means that, generally, you have 30 days to respond to a debt collection lawsuit in Oregon.
If your lawsuit is a Small Claims case (no lawyer involved and amount claimed is less than $10,000), then you have 14 days to respond.
To respond to your debt collection lawsuit, you need to make an Answer document that responds to the Summons and Complaint you received.
The fastest and easiest way to do this is to use SoloSuit's Answer form to respond to your lawsuit. You can fill out your Answer on SoloSuit's website in just 15 minutes for free.
Oregon courts also provide some helpful forms. Check them out below:
Use one of these forms to create your response to the debt collection lawsuit, but you will have to fill it out by yourself. You can also take a look at these other forms provided by Oregon Courts. Oregon also provides an eFiling option, but we didn't think it was easy to use.
Oregon courts charge a filing fee to file your Answer with them. We know, it's pretty messed up—you get sued for a debt and you have to pay a fee just to respond, even if you don't actually owe it. If you wanted to sound like a lawyer you'd say, “that's unconscionable!” But pay you must.
Here's how the fees break down, according to the Oregon Judicial Department Fee Schedule:
Small Claims fees:
Regular Civil fees
Let's consider an example to understand how Answer filing fees apply.
Example: Tim is sued for $1,000 in small claims court in Oregon. Since the amount in controversy is less than $2,500, Tim needs to pay the $57 filing fee. If Tim was being sued for the same amount, but the case was filed in the circuit court, he would have to pay $170 to file his Answer.
If you can't afford to pay the filing fee, you can fill out the Oregon courts fee waiver application. If you can prove that paying the filing fee would cause financial burden, the court will likely excuse you from paying the fee.
A lawsuit begins when you receive the Summons and Complaint. The Summons notifies you of the case, while the Complaint lists the specific claims being made against you. Once you receive these documents, your clock starts ticking and you need to respond or you will lose your case automatically.
To respond to a Summons and Complaint in Oregon, you need to create an Answer document.
There are four steps to responding to a debt collection lawsuit.
Now, let's explore each step. Don't like reading? Check out this video instead:
SoloSuit can help you increase your chances of winning by 7x.
Next, you need to respond to every paragraph of the Complaint. The Complaint includes several numbered paragraphs that lay out the lawsuit against you. For debt collection cases, there are usually between 10 and 30 numbered paragraphs. Read each paragraph and decide how you want to respond. You can only respond in three ways:
Choose one of these responses and write it into your Answer after the corresponding paragraph number.
Many attorneys recommend making a general denial, where you deny everything in the Complaint and force the other side to prove everything. This is a good strategy in many cases.
Answer a debt collection lawsuit in minutes with SoloSuit.
Once you've responded to each claim, you are ready to assert your affirmative defenses.
An “affirmative defense” is a reason why the person suing you doesn't have a case; it is your defense against the lawsuit. You must list these defenses in your Answer otherwise, you can't bring them up later.
That's right, asserting your affirmative defenses is a once in a lifetime opportunity: if you don't bring them up now, you are legally prohibited from bringing them up later. Many online forms don't help you assert your affirmative defenses, SoloSuit does.
According to Oregon Rules of Civil Procedure, Rule 19(B) states:
“Affirmative defenses. In pleading to a preceding pleading, a party shall set forth affirmatively: accord and satisfaction; arbitration and award; assumption of risk; claim preclusion; comparative or contributory negligence; discharge in bankruptcy; duress; estoppel; failure of consideration; fraud; illegality; injury by fellow servant; issue preclusion; laches; license; payment; release; statute of frauds; statute of limitations; unconstitutionality; waiver; and any other matter constituting an avoidance or affirmative defense.”
These are all the fancy, legal names for the different types of affirmative defenses you can include in your Answer.
Here are some of the more common defenses we see in debt collection cases (in simplified language):
These are a few of the many affirmative defenses. Being unable to pay the debt is not normally a legal defense to the debt.
Make the right affirmative defense the right way with SoloSuit.
Once you have responded to the paragraphs in the Complaint and asserted your affirmative defenses, you are ready for the final step: file your Answer.
The Answer document by itself is worthless unless you file it properly. Otherwise, it's like doing homework and not turning it in. SoloSuit takes care of this for you so you don't have to worry about buying a printer and figuring out whether you need Certified Mail or Priority Mail at the Post Office.
You can speed up the filing process by filing your Answer electronically. Oregon has a statewide court e-filing system. It can be confusing to navigate the e-filing system, but SoloSuit has it all figured out and can file your Answer in minutes.
If you prefer to mail your Answer in, here's what you need to do to file your Answer.
The address for the attorney will be in the Summons and Complaint you received in the mail. But where is the address for the Court? Good question—most Summons don't list the address of the Court. And the mailing address is often different from the physical address of the court listed on Google. That's why we've taken the time to call every court in Oregon and find the mailing address for you. They are listed below.
Once you complete this final step: Congrats! You have successfully responded to your debt lawsuit.
SoloSuit can file your Answer for you in all 50 states.
Filing the Answer is only the first step to resolving a debt lawsuit. It will block a default judgment, but if you fail to follow up or attend any scheduled hearings or trials, you will likely lose the case and have to pay court costs on top of the debt amount owed.
To avoid this, contact the law firm that is suing you to negotiate a settlement, and don't delay. Time is of the essence, and if you don't settle before your scheduled hearing, your chances of reaching an ideal settlement decrease.
So, if you want to settle the case outside of the court process, be proactive. SoloSettle makes the settlement negotiation process easier and takes away the stress and intimidation of calling collectors and their lawyers.
In Oregon, if someone sues you for $50,000 or less, your case will automatically go to mandatory arbitration. This means a neutral third party will decide the outcome of your case at a hearing. You’ll have to pay part of the arbitration fees, which can add up to hundreds of dollars. If you don’t show up for the arbitration hearing, the decision will go against you, leading to negative outcomes like wage garnishment or property liens.
To avoid the costs and the hassle of arbitration, you must contact the law firm to settle the debt before the scheduled hearing. Don't delay. SoloSettle makes it easy to negotiate and settle your case online, saving you time and money.
Arbitration is a simpler version of the court process. An arbitrator is assigned to the case, reviews all the case information and evidence, and decides which side should win. An arbitrator is a lawyer with more than five years of experience practicing law in Oregon. After the court assigns the case to arbitration, the two parties involved receive a list of arbitrators which they can either select to help resolve the case.
Within 14 days of assigning an arbitrator, each party must pay $500+ to the arbitrator as a preliminary fee, plus the hourly cost for the arbitrator. Most arbitrators charge $150-$200 per hour.
If you can’t afford it, you can apply for a fee waiver or deferral of arbitration costs and provide the arbitrator with proof of approval. In most cases, the fee waiver application must be submitted at least 14 days before the arbitration hearing.
Now, let's take a look at an example of how Oregon's mandatory arbitration system works in the context of a debt collection lawsuit:
Example: Kathy got sued by Portfolio Recovery Associates for $8,500 in Clackamas County, OR. She used SoloSuit to draft and file an Answer to the lawsuit, and the court automatically assigned her case to arbitration. A hearing got schedule for a few months later, but Kathy really didn't want to pay all the fees and costs of arbitration, so she contacted the lawyers for Portfolio Recovery Associates through SoloSettle to negotiate the debt. This helped her avoid arbitration and settle the debt outside of the court system. Portfolio Recovery Associates agreed to settle for 70% of the debt, and they dismissed the case after Kathy paid the settlement.
Need help negotiating? Tools like SoloSettle make it easier to communicate with debt collectors and reach a resolution online—without the intimidation of phone calls or court conversations.
Below, we explore some expert tips on how to settle debt in Oregon. Keep reading to learn more!
Avoid arbitration. Use SoloSettle to settle the debt online.
Debt settlement can save consumers from endless debt collection calls, lawsuits, and wage garnishment. If you can accumulate money to make an offer, your creditors may be more than willing to accept.
Being proactive, coupled with decent negotiation skills, can get you a great deal. Some have been able to settle debts for half of what they owe. In most cases, offering to pay 60% can demonstrate a level of seriousness, prompting the creditor to accept the deal.
To successfully settle debt in Oregon, resist the urge to ignore calls and correspondence from debt collectors. Although these can be annoying, pretending not to notice will not resolve the debt. Instead, respond to debt collectors with a Debt Validation Letter, asking for proof that the account is yours, that it is accurate, and that the statute of limitations has not passed.
You can settle debt even after the creditor has taken you to court. Follow these steps.
Feeling intimidated by the thought of negotiating with debt collectors? SoloSettle is an easy way for first-timers to settle debts like a pro. You can also watch the following video for tips from an attorney on how to negotiate debt settlement.
Unfortunately, the debt settlement business has attracted many scammers and insincere individuals who prey on desperate consumers. Oregon has laws that protect debtors from extortive companies.
Oregon's debt management laws limit the fees a company can charge.
A violation can lead to a $25,000 penalty and a minimum of $200 for damages.
Speaking of laws related to debt settlement, you should also learn about Oregon's debt collection laws which exist to protect consumers from unfair collection practices. Let's start with the statute of limitations on debt in Oregon.
The statute of limitations is the time period that a debt collector or creditor has to sue someone for a debt they owe. If the statute of limitations on a debt is expired, then you can bring up the expiration as a winning defense in the even that you get sued.
According to Oregon's Procedure in Civil Proceedings, §12.080 states:
“Action on certain contracts or liabilities. (1) An action upon a contract or liability, express or implied . . . shall be commenced within six years.”
This means that the statute of limitations on debt in Oregon is typically six years. So, if your last payment on a debt was six years ago, you cannot be taken to court for it. That being said, some types of debts have other limitations.
The table below outlines the statute of limitations on different types of debts in Oregon:
Debt Type | Deadline |
---|---|
Credit Card | 6 years |
Medical | 6 years |
Student Loan | 6 years |
Auto Loan | 6 years |
Personal Loan | 6 years |
Mortgage | 10 years |
Judgment | 10 years |
Source: ORS § 12.050, § 12.070, and § 12.080 |
Regardless of the debt's statute of limitations, creditors will still try to sue you beyond the deadline and many succeed. Remember that in order to avoid being held responsible for the debt, you'll still need to mention the statute of limitations as an affirmative defense in your Answer.
If you start making payments on an old debt that has already passed the statute of limitations, the clock will restart and you may be taken to court for it. Because of this, you should always check the last activity on your debt account and your state's statute of limitations before agreeing to any payment plans.
Debt collection is as heavily regulated in Oregon as in every other state in the country, and for good reason. When left unchecked, debt collectors can be abusive, misleading, and manipulative.
Fortunately, you can use these laws to your advantage.
Knowing the applicable laws protects you from illegal debt collection practices and steers you in the right direction when resolving debt.
The Residential Landlord and Tenant chapter of Oregon's Revised Statutes governs tenant eviction in Oregon. Legal requirements vary based on the tenancy type. Tenants on a lease agreement are treated differently than tenants on a month-to-month rental agreement. Eviction notice requirements for nonpayment of rent differ from those for a no-cause eviction.
Understanding Oregon's eviction laws is critical for all tenants. The law gives landlords two options to notify tenants of their intentions to evict.
The landlord must provide a 90-day notice before the eviction date to evict a tenant who pays rent once a month without cause.
If a tenant has been occupying the property for over a year, the landlord cannot issue a no-cause eviction notice unless it's an owner-occupied property or building. In such a case, the landlord must give 60-90 days' notice.
Leases typically last six months to a year. Landlords and tenants cannot terminate the lease without cause unless the lease states otherwise.
The landlord may legally terminate the lease for the following reasons.
According to ORS 90.396, a landlord can legally give you a 24-hour notice if:
Remember that a landlord cannot issue a 24-hour notice to a victim of sexual assault, domestic violence, or stalking.
In the following scenarios, seeking debt relief in Oregon may be your best option.
Below, we cover some of the best ways to find debt relief in Oregon. Pick the best option for you, depending on your situation.
Working with a credit counseling agency may provide relief. These companies work by negotiating reduced fees and lower interest rates. You work with them to set up a period during which you remit payment so they can pay your creditors on your behalf. Creditors then close each account as you pay them off.
Keep in mind that closing accounts reduces your credit score. The program may also require you to surrender access to further credit until completion.
If you decide to use a debt relief company, choose a legitimate one that complies with Oregon debt relief law.
One way to get out of debt fast is to pay it off for less. If you owe $10,000 on a credit card, you may convince the creditor to accept $6,000 instead. However, you must explain why you cannot repay the total amount.
Settling debt in Oregon requires the one thing consumers try to avoid: communication with debt collectors. Many, therefore, turn to debt settlement companies to help. The danger is that debt settlement companies are not always trustworthy, and their strategies do not work for everyone.
For example, some will ask you to stop paying creditors without explanation. They plan to get you to default in a way that pushes creditors to offer you a settlement deal. However, this plan can easily backfire, especially when creditors realize you are paying a third party a considerable amount to represent you. Remember, no creditor is obligated to offer or accept a settlement offer. If they stay adamant, you may wind up worse than you started.
If you cannot afford the extra money to hire debt settlement help, try it yourself. You will need to contact your creditors to make an offer. If you do, keep a record of your communication with them. Consider communicating through email or certified mail. If you decide to call, ask if you can record the conversation, as you may lose proof of any agreements you make via the phone.
Filing for bankruptcy may result in losing your non-exempt property, but it can wipe out unsecured debts, offering you a new beginning.
Creditors with money judgments can petition the court to allow them to take money from a debtor's paycheck. The decision can be disorienting, considering many in Oregon already feel the pinch of the rising cost of living.
Oregon residents stop wage garnishment if they understand how it works and how much a creditor can garnish.
Oregon's wage garnishment laws direct creditors and employers on how to go about wage garnishment.
You can object to wage garnishment for any reason that violates these laws. For instance, you may stop the order if the debt amount is wrong, the garnishment exceeds the accepted limit, or your earnings fall beneath the Federal poverty line. You may also fill out an exemption form to stop creditors from taking your exempt earnings.
You can better defend yourself if you know where the case is filed. Fortunately, Oregon has online access to court records and dates. You can access any information categorized as public records.
Understanding the Oregon court system makes tracking your case simpler. The system is organized at four levels.
Depending on the amount involved, your debt collection case will be filed in your county's Circuit Court or Justice Court.
You can search your court case in Oregon using one of the following options.
This option has substantial fees and may suit attorneys and law firms more.
Provide the court clerk with some or all of this information for fast access.
To find a case number, go to Find a Court, select your county, and Enter your and the plaintiff's names. If the information is correct, you should instantly access the court file and number.
Every state has at least one government-funded organization that provides free legal services to people. Oregon has a couple:
Legal Aid Services of Oregon
520 SW Sixth Avenue, Ste 1130
Portland, OR 97204
(503) 224-4094
https://lasoregon.org/
Oregon Law Help
Find your office by county
https://oregonlawhelp.org/
Public Benefits Hotline
1-800-520-5292
You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now or are just looking for support, we're here for you.
Ask a Question.To file your Answer, you need to get it to your court. For many people, the easiest way to do this is to mail it. But it can be surprisingly difficult to find the mailing address for your court online. So we've compiled a list of nearly all Oregon courts and their addresses, court clerk information, and more.
Use our Oregon courts page to find more information on your courthouse.
The small claims court, sometimes called the people's courts, handles cases worth $10,000 or less.
If you need to file an Answer in Oregon small claims court to respond to a debt collection lawsuit, use SoloSuit to ensure your response is valid and timely. Remember to assert your affirmative defenses, as you cannot bring them up later during the trial.
You may also:
As a defendant, you must pay filing fees based on the lawsuit's value so that your Answer is accepted.
Deschutes County Circuit Court and other circuit courts in Oregon tackle criminal, civil, and domestic relations, traffic, small claims, violations, and probate, among others. Chances are high that someone suing you in Deschutes will file a case in the circuit court.
There are statewide fees, whether you are initiating a case or responding to a lawsuit.
If you are not an attorney, you can file in Deschutes Circuit Court in one of the following ways:
If you are the defendant, the first document you file should be a written Answer.
You can pay filing fees using:
For consumers attending circuit court for the first time, bring your government-issued ID, paperwork, evidence, and cash or a checkbook.
Debt consolidation combines several debts into one. Of course, you cannot mix different debts into one package as they come with different contractual terms. But you can take one large loan, use it to repay all your existing debts, and service the new loan until it's paid off.
Consumers can consolidate debt in Eugene, Oregon, by taking the following steps:
If you can afford to consolidate your debts, choose one of the following options.
You'll be successful if you remember the following pointers:
Also, remember to conduct proper research so you do not pick a loan with high interest rates and lengthy repayment periods.
So, here's the review on how to answer a Summons for debt collection in Oregon.
We hope this guide has been helpful, and we wish you the best of luck with your court case!
>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)
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