How to Respond When You Are Sued in Small Claims

You can settle the case by paying the other side or returning their property. This avoids having to go to court and pay extra fees.

• Pay the full amount within 14 days, including the other side's court costs.
• If the case is about property, return it to the other side.
• Fill out the Defendant's Response form and check "PAYMENT OF CLAIM." Attach proof of payment (like a check copy), and take it to the court. If you don't have this form, see the instructions for filing your form later in this article. 

If you can't afford the full amount, try to work out a payment plan with the other side.

If you don't believe you owe the money or the amount listed in the claim is wrong, you can deny the claim and go to court.

• Check "DENIAL OF CLAIM" on the "Defendant's Response" form. If you don't have this form, see the instructions for filing your form later in this article. 
• Pay a court filing fee. If you have a low income, fill out a fee waiver, which is a form asking the court to let you file for free or pay later.
• The court will schedule a hearing where you can explain your side to the judge.

Some courts require mediation first, where a neutral person helps both sides try to reach an agreement without a hearing.

If the claim is more than $750, you can ask for a jury trial instead of going to small claims court. This moves the case to civil court, where cases are more complicated, and talking to a lawyer is recommended.

See our article on preparing for your small claims hearing for more tips.

If you believe the other side owes you money or property related to the same issue, you can sue them back and have both cases decided at the same hearing. 

• To file a counterclaim against the other side, the reason they owe you money must be related to the same disagreement they are suing you about. 
• For example, say you are being sued by a mechanic who says you didn't pay them for work on your car. You might have a counterclaim if they didn't actually fix the problem with your car and instead damaged your vehicle's engine. 

To file a counterclaim:

• Check the "COUNTERCLAIM" box on the response form.
• Clearly explain why the other side owes you money or property.
• List the exact amount—you will need to prove this in court.
• Turn in the form before the hearing, following court instructions.

If you ignore the case, the court will likely decide the case for the other side without hearing from you. This is called a default judgment. 

• This can allow the other side to try to take money from your paycheck or bank account (called garnishment) or go after your property. Learn more about garnishment here.
• If you don't own valuable possessions or property and you earn very little money, or all your income comes from certain protected categories (like Social Security, disability, and some other public benefits), you may be collection-proof (also called judgment-proof). Learn more about being collection-proof here.
• This means that even though they won in court, the other side can't legally take your money.

However, a judgment can last for years or even decades. If your financial situation improves, the other side may try to collect later. 

If you think you may be collection-proof, talk to an attorney before deciding not to respond. Ignoring the case could still have long-term consequences. Go here to search our legal directory for free and low-cost legal services.

If you want to challenge the claim, turn in your response within 14 days of when you first received your notice of the case against you. If you miss the deadline, the court may decide the case for the other side without hearing from you. 

1. Gather evidence. Find receipts, contracts, emails, and photos that support your case. Read more about preparing for your hearing here.
2. Prepare your explanation. Write a short summary of what you want to say to the court to practice and help you stay on track during the hearing.
3. Fill out the response form. The "Defendant's Response" form should have been included with the legal papers you were delivered. Fill it out and turn it in to the courthouse listed at the top of the "Notice of Claim."
   • If you don't have the form, contact the court where your case was filed. Find your court and its contact information here.
   • You can also find the form online. Go here to download and print the form or file it online.
4. Pay the court fee. You will be asked to pay a fee when you file your response. If you have a low income, you may qualify to file your form for free or pay the filing fee later. 
   • To apply, you need to turn in a form called an "Application and Declaration for Deferral or Waiver of Fees."
   • The form asks whether you receive public assistance, your monthly income and expenses, and other questions.
   • You can get the form at your courthouse. You can also download it from the court's website here. 

Make copies of all paperwork that you turn in to the court to keep in a safe place.

If you filed a response to the claim, what comes next depends on your court. In some courts in Oregon, you will be scheduled for a hearing and receive a notice with the date, time, and location in the mail. 

• You must attend the hearing, or the court may decide in favor of the other side.

Other courts require you to attend mediation before they will schedule a hearing. 

• Mediation is a court-sponsored meeting with a neutral professional who tries to help you and the other side come to an agreement without a court hearing. If that doesn't work, the court will schedule your hearing.

For more, read our article on what to expect at your small claims hearing.

If you don't respond to the claim before the deadline, the person who sued you can ask the court to decide in their favor. This is called a default judgment. 

• A default judgment allows the person who sued you to attempt to collect the money you owe directly from your paychecks or bank account., as discussed previously in this article. 

If you missed the deadline but still want to file a response, you may be able to if you act quickly. 

• You can ask the court for permission to turn in your response late if the other side hasn't asked for a default judgment yet. 
• Contact the court or talk to a lawyer to find out if this is possible in your case.

Learn more about default judgments in our article "What To Do After Your Small Claims Hearing."

Search for free and low-cost legal help in our Legal Directory or get referred to a lawyer for a low-cost consultation by contacting the Oregon State Bar's Lawyer Referral Service.