Oregon Answer to a Complaint
Oregon gives you 30 days to appear and defend after the summons is served under ORCP 7 C(2). There is no statewide form, so the answer is a typed pleading.
Introduction
An Oregon Answer to a Complaint is the written pleading you file with the clerk of the Circuit Court after you are served with a summons and the plaintiff's complaint. It admits or denies the complaint's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. In a general civil case, ORCP 7 C(2) requires you to appear and defend within 30 days from the date the summons is served by any manner other than publication, and ORCP 15 A applies that same period to filing the answer itself. What sets an Oregon answer apart is that there is no statewide fill-in-the-blank answer form. You type the answer as a pleading on numbered pleading paper with a caption that complies with UTCR 2.010, file it with the clerk of the Circuit Court where the action was commenced, and serve a copy on the plaintiff under ORCP 9 B. Miss the deadline and the plaintiff can apply for an order of default and a default judgment under ORCP 69. DocDraft drafts an Oregon-formatted answer from your facts, with attorney review available before you file.
Key Things to Know
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Your deadline is 30 days to appear and defend. Under ORCP 7 C(2) you must appear and defend within 30 calendar days from the date the summons is served by any manner other than publication, and ORCP 15 A applies that period to filing your answer.
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There is no statewide answer form. Oregon does not publish a fill-in-the-blank general civil answer form, so you type the answer as a pleading on numbered pleading paper with a caption that complies with UTCR 2.010 and file it with the Circuit Court clerk.
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Small claims still requires a written response. In the Small Claims Department of the Circuit Court, for claims up to $10,000, you must file the Defendant's Response within 30 calendar days after service under ORS 46.455 or the plaintiff can request a default judgment.
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An eviction case is appearance-first, not a paper deadline. In a residential eviction (FED), under ORS 105.137 you must appear in person at the first appearance set in the summons, and an unrepresented defendant directed to trial files a written answer and serves the plaintiff on that same day.
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There is a filing fee, with a waiver. The answer filing fee is $170 for claims up to $10,000, $283 for $10,000 to $50,000, and $594 for $50,000 to $1 million. If you cannot afford it, file an Application for Deferral or Waiver of Fees.
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Counterclaims are permitted but not compulsory. Under ORCP 22 A Oregon allows you to bring a counterclaim against the plaintiff with your answer, but unlike many states it does not make a related counterclaim compulsory, so you generally do not lose it by leaving it out.
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Know the Oregon defenses. The statute of limitations on a written contract is six years under ORS 12.080(1), a frequent defense in debt cases along with payment, accord and satisfaction, statute of frauds, fraud, release, waiver, and estoppel.
Key Decisions
Answer to a Complaint Requirements
The full name of the court and judicial district where the lawsuit was filed, exactly as it appears on the summons.
The plaintiff's and defendant's full legal names as listed in the complaint, with you named as the defendant.
The case or docket number assigned by the court, found on the summons and the complaint.
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Oregon Requirements for Answer to a Complaint
In a general civil case you must appear and defend within 30 calendar days from the date the summons is served by any manner other than publication, under ORCP 7 C(2), and ORCP 15 A applies that period to filing the answer. A small claims Defendant's Response is also due within 30 calendar days after service under ORS 46.455.
Oregon does not publish a statewide fill-in-the-blank general civil answer form, so the answer is a typed pleading prepared on numbered pleading paper. It admits or denies the allegations, states your affirmative defenses, and includes any counterclaim under ORCP 22 A.
Caption the answer for the Circuit Court where the action was commenced, in a format that complies with UTCR 2.010. Include the county, the parties' names, the case number, and the title Defendant's Answer. General civil claims over $10,000 are heard in the Circuit Court and claims up to $10,000 in its Small Claims Department.
File your answer with the clerk of the Circuit Court where the action was commenced. E-filing is mandatory for attorneys under UTCR 21.140, while self-represented parties may file in person or by mail, and a waiver of the e-filing requirement is available.
Under ORCP 9 B, serve a copy of your answer on the plaintiff or their attorney. E-service is mandatory for e-filers, and otherwise service is made by mail or personal delivery. Keep proof of service with your records.
The answer filing fee is $170 for claims up to $10,000, $283 for $10,000 to $50,000, and $594 for $50,000 to $1 million. If you cannot afford it, file an Application for Deferral or Waiver of Fees and Declaration in Support, available to low-income parties under the federal poverty guidelines or those receiving public assistance.
State each affirmative defense you intend to rely on, such as statute of limitations, payment, accord and satisfaction, release, statute of frauds, fraud, waiver, or estoppel. The statute of limitations on a written contract is six years under ORS 12.080(1), a common defense in debt collection cases.
Under ORCP 22 A you may bring a counterclaim against the plaintiff with your answer. Oregon does not make a related counterclaim compulsory, so it is generally permitted but not required, though raising a related claim with your answer is often the most efficient way to have it heard.
Frequently Asked Questions
In a general civil case, ORCP 7 C(2) requires you to appear and defend within 30 calendar days from the date the summons is served by any manner other than publication, and ORCP 15 A applies that period to filing your answer. The track differs in other courts. A small claims defendant must file the Defendant's Response within 30 calendar days after service under ORS 46.455, and in a residential eviction you must appear in person at the first appearance set in the summons under ORS 105.137 rather than meet an advance paper deadline. Missing your deadline can lead to a default judgment.
Oregon does not publish a statewide fill-in-the-blank answer form for general civil cases, so the answer is a typed pleading. You prepare it on numbered pleading paper with a caption that complies with UTCR 2.010, naming the Circuit Court, the parties, and the case number, and titled as the defendant's answer. The pleading admits or denies the allegations, states your affirmative defenses, and includes any counterclaim. Small claims and eviction use separate court-provided response forms.
File your answer with the clerk of the Circuit Court where the action was commenced. General civil claims over $10,000 are heard in the Oregon Circuit Court, and claims up to $10,000 may be heard in the Small Claims Department of the Circuit Court. E-filing is mandatory for attorneys under UTCR 21.140, while self-represented parties may file in person or by mail, and a waiver of e-filing is available.
The answer filing fee is $170 for claims up to $10,000, $283 for claims between $10,000 and $50,000, and $594 for claims between $50,000 and $1 million. If you cannot afford the fee, you can file an Application for Deferral or Waiver of Fees and Declaration in Support, available if you are low-income under the federal poverty guidelines or receive public assistance.
Under ORCP 69, a party seeking relief can file motions and affidavits or declarations to apply for an order of default and a subsequent default judgment once you have failed to appear and defend on time. You may be able to set the judgment aside by filing a Motion for Relief from Judgment or Order under ORCP 71 B(1), within a reasonable time and not more than one year after receiving notice, by showing mistake, inadvertence, surprise, or excusable neglect.
Yes. Under ORCP 22 A you may bring a counterclaim against the plaintiff together with your answer. Unlike many states, Oregon does not make a related counterclaim compulsory, so a counterclaim is generally permitted but not required and you do not automatically lose it by leaving it out. Even so, raising a related claim with your answer is often the most efficient way to have it heard in the same case.