How to Serve (Deliver) Your Small Claims Paperwork

Make copies of the forms you turned in to the small claims court. This should be the "Small Claim and Notice of Small Claim" form. If you asked the court to let you file your form without paying (by filing the "Application for Fee Waiver and Deferral" form) you //don't/do need to include a copy of that application.   

Make sure you copy the forms exactly as they were when you filed with with the court, including your signature.

If the person or business you are suing is willing to let you give them the documents directly, you may send them by mail or hand-deliver them. 

If you deliver the documents this way, you need to also include a form called an “Acceptance of Service." The defendant should sign the Acceptance of Service form and either turn it in to the court themself or give it to you to turn in. 

If the defendant signs the "Acceptance of Service" form, you have to make sure it is turned in to the court. If it isn't, the court may throw your case out. 

Accepting "service" does not mean that the other side agrees with what was said in the legal papers or that they agree to pay. Signing the Acceptance of Service form only means that they agree they received their copy of the court paperwork.

If the defendant won't accept service, you must try another way. There are four more ways you can serve a defendant after you file your claim. See the next step. 

If the defendant won't agree to accept copies of the paperwork, or if you don't feel comfortable contacting them directly, then you must complete service in one of the following ways.  

1. Personal service

"Personal service" means that the documents are delivered in-person to the defendant. There are three ways you can deliver the documents by personal service:

• Ask the sheriff's office. You can take a copy of your claim to the sheriff’s office in the county where the person lives or where business is located and have the sheriff deliver the documents. The sheriff’s office will charge a fee for this service. 
• Hire a process server. You can also hire a professional delivery person called a “process server” to deliver a copy of the claim to the defendant in person.
• Someone not involved in the case delivers them. You can have a responsible person 18 years or older deliver the paperwork to the defendant directly. This person cannot be you. 
  • This person must be a resident of Oregon (or, if you are suing someone in a different state, they must be a resident of that state).
  • This person cannot be someone involved in the case. They cannot be your lawyer, the lawyer for the other person, an employee of you or the other person, or a manager or leader of a business involved in the case. 
  • The person delivering the papers must be able to understand what they are doing, remember the delivery, and explain what happened if asked later.

2. Substitute service

If delivering the documents directly to the defendant in person isn’t possible, the process server can leave a copy of the claim with someone at the person's home.

• The process server must give the documents to someone at the home who is 14 years or older. It is helpful if the process server gets the name of the person who took the paperwork. 
• The process server also must mail a copy to the defendant at their home using regular mail.

3. Office service 

The process server can also leave the papers with someone in charge at the defendant’s office or regular workplace. 

After doing this, the process server must also mail a copy of the papers to the defendant at their workplace using regular mail. IN the letter sent, they must tell the defendant the date, time, and place where the papers were handed over.

4. Service by mail 

You may send your documents by mail, but it is not the same as just mailing a letter. You must carefully follow these steps:

1. Make two copies of the paperwork you filed. 
2. Send one copy using a special type of mail service called “certified mail" and ask for a "return receipt." You can also request the mail be sent with "restricted delivery," meaning the mail carrier can only give the documents to the person named on the envelope. 
   1. Read more about sending certified mail on the U.S. Postal Service's web site.
   2. Read about how a return receipt works in this article on the U.S. Postal Service's web site.
   3. Go here to read more about restricted deliver on the U.S. Postal Service's web site.
3. Once the paperwork is delivered, you will get a receipt to prove the defendant received it. Check the receipt to make sure the right person signed for it.
4. Send the second copy of the paperwork using regular mail. 

Make sure the defendant is served properly. If this step isn’t done correctly, it can delay your case or cause it to be dismissed. If you are unsure how to serve the defendant, talk with the court clerk.

Once you have delivered the correct documents to the defendant following to the steps above, you must file a form called a “Certificate of Service.” 

This is proves to the court that the defendant was properly served. This must be filed with the court for your case to go forward. 

If the Certificate of Service is not filed within 63 days of filing your claim, your case may be closed.

The person who actually completed the service (sent or delivered the documents) is the one who must fill out the certificate of service. Either you or the process server may file the forms with the court. 

After being served, the defendant has 14 days to respond. They can choose to:

Pay the claim. The defendant can choose to settle with you directly by paying you the amount you are owed, including any court fees and costs. If the defendant chooses to do this, they should tell the court and you may then cancel ("dismiss") the claim.

Deny the claim and request a hearing in small claims court. The defendant can choose to give a formal written response to the court. In this response, they will say that they disagree with some or all of your claim. The other side also has the option of filing a claim back against you, called a counterclaim" when they respond. What happens next depends on the court:

• Some courts will go straight to scheduling a hearing in your case.
• In Other courts in Oregon, you have to attend a meeting called "mediation" first. Mediation is where a neutral person meets with both sides to see if you and the defendant can come to an agreement without needing a hearing. If this doesn't work, then a hearing is scheduled.   

Deny the claim and demand a jury trial in circuit court. If your claim is for more than $750, the defendant has the option of asking for a jury trial. This means that the case is moved out of small claims court and into circuit court. The hearing will be held in front of a judge and a jury who will help decide the case. Cases in circuit court are more complicated and having a lawyer is recommended.

• If this happens and you still want to proceed with your case, you will have to file a new claim, called a "complaint" in circuit court within 20 days. Otherwise, the case may be dismissed.

Ignore the case entirely. If the person or business does not respond at all, after the 14 day deadline has passed you can ask the judge to decide the case in your favor without hearing from the other side. Read more about this in the next step.

If the defendant does not respond by the deadline, you can ask the judge to decide the case in your favor without hearing from the defendant. This is called a "default judgment." 

• To do this, you will need to fill out and turn in a form called a “Request for Default Judgment.” You must also include the proof that you properly delivered the papers (your "proof of service"). 
• If you don’t act within 90 days (about three months), the court may close your case without making a decision. 

The court may still accept a late response from the defendant if you have not requested a default judgment.

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