How to Respond to a Lawsuit in Oregon: Answer a Summons (2026)
Reviewed by DocDraft Legal Team. Oregon. Last updated 2026-06-02
In Oregon, a defendant served with a civil summons and complaint has 30 calendar days to file a written answer under Oregon Rule of Civil Procedure 7 C(2), applied through ORCP 15 A. The window depends on your track. Small claims is also a written-response track: under ORS 46.455 the defendant must file the Defendant's Response within 30 calendar days after service or the plaintiff can take a default judgment. An unlawful detainer (eviction) case has no advance written answer. Under ORS 105.137 the defendant appears in person at the first appearance on the date stated in the summons, and an unrepresented defendant sent to trial files a written answer and serves the plaintiff that same day. A response to a divorce or dissolution petition is due within 30 days under the same ORCP 7 C(2) deadline. If you miss your deadline, the plaintiff can apply for an order of default under ORCP 69 and the court can enter a default judgment, which you can later move to set aside within a reasonable time and no more than one year under ORCP 71 B(1).
How long do I have to respond to a lawsuit in Oregon?
It depends on the type of case. For a general civil complaint, Oregon Rule of Civil Procedure 7 C(2) gives you 30 calendar days after the summons is served to file a written answer. Small claims also requires a written response within 30 calendar days under ORS 46.455. An eviction case has no advance written answer; you appear in person at the first appearance stated in the summons.
How do I respond to a civil summons in Oregon?
You respond by filing a written answer with the clerk of the Circuit Court named in the summons, then serving a copy on the plaintiff or the plaintiff's attorney under ORCP 9 B. Attorneys must e-file; self-represented defendants may file in person or by mail. The answer admits or denies each numbered allegation and states your defenses.
What happens if I don't answer a summons in Oregon?
If you do not respond by your deadline, the plaintiff can apply to the court for an order of default under ORCP 69. The court can then enter a default judgment granting what the complaint requests. You may move to set the default aside under ORCP 71 B(1) within a reasonable time and no more than one year after notice by showing excusable neglect.
How do I answer a summons without an attorney in Oregon?
Self-represented defendants can file an answer themselves. Oregon has no statewide general-denial answer form for general civil cases, so you type your answer on numbered pleading paper that meets Uniform Trial Court Rule 2.010, with the court, parties, and case number in the caption. File it with the circuit court clerk, serve the plaintiff, and pay the filing fee or request a fee waiver.
Oregon response framework at a glance
Oregon's response rules turn first on which track your case is in. A general civil complaint is governed by Oregon Rule of Civil Procedure 7 C(2), which directs the defendant to appear and defend within 30 days from the date the summons is served, and ORCP 15 A confirms that the written answer must be filed within that same time. Small claims is also a written-response track, not an appearance-only one. Under ORS 46.455 and the Oregon Judicial Department's official Small Claims Defendant's Instructions, the defendant must complete, sign, and file the Defendant's Response within 30 calendar days after service or the plaintiff can request a default judgment. Eviction is the short, in-person track. Under ORS 105.137 there is no advance written answer; the defendant must appear in person at the first appearance on the date stated in the summons, and an unrepresented defendant directed to trial files a written answer and serves the plaintiff that same day. A response to a dissolution petition is due within 30 days under the same ORCP 7 C(2) deadline. Answers are filed with the clerk of the Circuit Court where the action was commenced, served on the plaintiff under ORCP 9 B, and typed on numbered pleading paper that meets Uniform Trial Court Rule 2.010. The Oregon Judicial Department website at www.courts.oregon.gov is the official source for the small claims response form, the fee schedule, and the fee-waiver application defendants need.
Court Resources
Oregon Judicial Department. Small Claims Defendant's Instructions and Response
The official Oregon Judicial Department instructions and response form a small claims defendant uses to admit the claim, deny it and demand a hearing, or file a counterclaim within 30 calendar days of service.
Oregon Judicial Department. Application for Deferral or Waiver of Fees
The official fee-waiver application a defendant can file instead of paying the answer filing fee, based on receiving public assistance or having income below the federal poverty guidelines.
Oregon Uniform Trial Court Rules (UTCR)
The statewide trial-court rules that set the pleading caption and format requirements under UTCR 2.010 and the e-filing rule under UTCR 21.140 that a defendant follows when preparing and filing an answer.
Relevant Laws
Oregon Rule of Civil Procedure 7 C(2) (30-Day Time to Appear and Defend)
Provides that when the summons is served by any manner other than publication, the defendant shall appear and defend within 30 days from the date of service. This is the standard general civil response deadline in Oregon.
Oregon Rule of Civil Procedure 15 A (When the Written Answer Is Due)
Requires that an answer to a complaint be filed with the clerk within the time required by Rule 7 C(2) to appear and defend, which is what makes the 30-day window the deadline for filing the written answer.
ORS 46.455 (Small Claims Defendant's Response and Default)
Requires a small claims defendant to file the Defendant's Response within 30 calendar days after service or the plaintiff may request a default judgment for the amount claimed plus fees and costs. Oregon small claims is a written-response track, not an appearance-only one.
ORS 105.137 (Unlawful Detainer First Appearance)
Governs the eviction track, where the defendant must appear in person at the first appearance on the date stated in the summons. An unrepresented defendant directed to trial files a written answer on a court form and serves the plaintiff on that same day under ORS 105.137(8)(a).
Oregon Rule of Civil Procedure 69 (Order of Default and Default Judgment)
Provides that a party seeking affirmative relief files motions and supporting affidavits or declarations to apply for an order of default and a subsequent default judgment when the defendant fails to answer.
Oregon Rule of Civil Procedure 71 B(1) (Relief from a Default Judgment)
Allows a court to relieve a party from a judgment or order taken through mistake, inadvertence, surprise, or excusable neglect, on a motion made within a reasonable time and not more than one year after receipt of notice of the judgment.
ORS 12.080(1) (Six-Year Limit on Written Contracts)
Sets a six-year statute of limitations for an action on a contract or liability, express or implied, which is the limitations period a defendant checks when responding to a debt collection lawsuit on a written agreement.
Regional Variances
Answer deadline by case track in Oregon
General civil complaint (ORCP 7 C(2), applied via ORCP 15 A)
30 calendar days after the summons is served, by any manner other than publication, to file a written answer with the Circuit Court. This is the default civil deadline and the one most defendants are working against.
Small claims (ORS 46.455)
30 calendar days after service to complete, sign, and file the Defendant's Response with the clerk. Oregon small claims is a written-response track, so missing the response, not just a hearing date, can lead to a default judgment.
Unlawful detainer / eviction (ORS 105.137)
No advance written answer is required. The defendant must appear in person at the first appearance on the date stated in the summons, and an unrepresented defendant directed to trial files a written answer and serves the plaintiff that same day. Failing to appear allows a default judgment for possession.
Divorce / dissolution response (ORCP 7 C(2))
30 days after service of the petition and summons to file a response and serve a copy on the petitioner. Missing it can let the dissolution proceed by default.
Which Oregon court hears your case, by amount
Small Claims Department of the Circuit Court
Hears claims up to the $10,000 small-claims dollar cap. The defendant files a written Defendant's Response within 30 calendar days, and the answer filing fee in this range is about $170.
Circuit Court, general civil ($10,000 to $50,000)
Handles civil claims over the small-claims cap. A written answer is required within 30 days under ORCP 7 C(2), and the answer filing fee is about $283 depending on the amount in controversy.
Circuit Court, larger civil claims ($50,000 to $1,000,000)
Handles higher-value civil claims in the same Circuit Court. A written answer is still due within 30 days, and the answer filing fee is about $594 unless the court grants a fee waiver.
Suggested Compliance Checklist
Calculate your response deadline from the date you were served
Day 0 (date of service) days after startingFind the deadline that matches your track. A general civil complaint is due in 30 calendar days under Oregon Rule of Civil Procedure 7 C(2), applied through ORCP 15 A. Small claims is also a written-response track due in 30 calendar days under ORS 46.455. A dissolution response is due in 30 days under the same ORCP 7 C(2) deadline. An eviction has no advance written answer; under ORS 105.137 you appear in person at the first appearance on the date stated in the summons. Mark the exact date on a calendar.
Identify your case track and the correct Circuit Court
Within 2 days of service days after startingRead the caption on the summons to confirm whether the case is small claims (up to $10,000), general civil in the Circuit Court (over $10,000), unlawful detainer, or family. The track decides your deadline, the form of response, and the filing fee. Confirm the court named in the summons, because that is the Circuit Court where your answer must be filed.
Identify your defenses and any counterclaims
Before drafting the answer days after startingList the affirmative defenses that fit your facts, such as the statute of limitations, insufficient service of process, payment or accord and satisfaction, release, or, in debt-buyer cases, the plaintiff's lack of standing. In debt cases, check the six-year written-contract limitations period under ORS 12.080(1). Oregon does not make counterclaims compulsory under ORCP 22 A, but raising a related counterclaim with your answer is often the most efficient path.
Draft the answer in the correct caption and format
Before the answer deadline days after startingRespond to each numbered allegation by admitting, denying, or stating you lack information to admit or deny, then state your affirmative defenses. Oregon does not publish a statewide general-denial form for general civil cases, so type the answer on numbered pleading paper formatted under Uniform Trial Court Rule 2.010, with the court, parties, and case number in the caption. Small claims defendants instead use the Oregon Judicial Department Defendant's Response form.
File the answer with the clerk of the correct court
On or before the answer deadline days after startingFile 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, so check the rule before filing. The answer filing fee runs about $170 for claims up to $10,000, $283 for $10,000 to $50,000, and $594 for $50,000 to $1,000,000.
Serve the plaintiff and file proof of service
With or promptly after filing days after startingServe a copy of the filed answer on the plaintiff or the plaintiff's attorney under ORCP 9 B, by e-service if you are an e-filer or otherwise by mail or personal delivery, then file proof of service with the court. An answer that is filed but not served, or served without proof on file, can be challenged.
Request a fee waiver if you cannot afford the filing fee
At the time of filing days after startingIf you receive public assistance or your income is below the federal poverty guidelines, file the Application for Deferral or Waiver of Fees and Declaration in Support with your answer to ask the court to waive or defer the filing fee. Submitting the request lets you file on time without paying the $170 to $594 fee while the court decides eligibility.
Appear at the hearing or first appearance
As set by the court days after startingCalendar every date the court sets, including any small claims hearing after you file the Defendant's Response and the eviction first appearance stated in an unlawful detainer summons, where you must appear in person. Bring your evidence and a copy of your filed answer. Attorney review is available as an option before you file if your case involves a short eviction first-appearance date, a debt-collection statute-of-limitations question, or a disputed service-of-process issue.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Calculate your response deadline from the date you were served | Find the deadline that matches your track. A general civil complaint is due in 30 calendar days under Oregon Rule of Civil Procedure 7 C(2), applied through ORCP 15 A. Small claims is also a written-response track due in 30 calendar days under ORS 46.455. A dissolution response is due in 30 days under the same ORCP 7 C(2) deadline. An eviction has no advance written answer; under ORS 105.137 you appear in person at the first appearance on the date stated in the summons. Mark the exact date on a calendar. | - | Day 0 (date of service) |
| Identify your case track and the correct Circuit Court | Read the caption on the summons to confirm whether the case is small claims (up to $10,000), general civil in the Circuit Court (over $10,000), unlawful detainer, or family. The track decides your deadline, the form of response, and the filing fee. Confirm the court named in the summons, because that is the Circuit Court where your answer must be filed. | - | Within 2 days of service |
| Identify your defenses and any counterclaims | List the affirmative defenses that fit your facts, such as the statute of limitations, insufficient service of process, payment or accord and satisfaction, release, or, in debt-buyer cases, the plaintiff's lack of standing. In debt cases, check the six-year written-contract limitations period under ORS 12.080(1). Oregon does not make counterclaims compulsory under ORCP 22 A, but raising a related counterclaim with your answer is often the most efficient path. | - | Before drafting the answer |
| Draft the answer in the correct caption and format | Respond to each numbered allegation by admitting, denying, or stating you lack information to admit or deny, then state your affirmative defenses. Oregon does not publish a statewide general-denial form for general civil cases, so type the answer on numbered pleading paper formatted under Uniform Trial Court Rule 2.010, with the court, parties, and case number in the caption. Small claims defendants instead use the Oregon Judicial Department Defendant's Response form. | answer-to-complaint | Before the answer deadline |
| File the answer with the clerk of the correct court | File 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, so check the rule before filing. The answer filing fee runs about $170 for claims up to $10,000, $283 for $10,000 to $50,000, and $594 for $50,000 to $1,000,000. | - | On or before the answer deadline |
| Serve the plaintiff and file proof of service | Serve a copy of the filed answer on the plaintiff or the plaintiff's attorney under ORCP 9 B, by e-service if you are an e-filer or otherwise by mail or personal delivery, then file proof of service with the court. An answer that is filed but not served, or served without proof on file, can be challenged. | - | With or promptly after filing |
| Request a fee waiver if you cannot afford the filing fee | If you receive public assistance or your income is below the federal poverty guidelines, file the Application for Deferral or Waiver of Fees and Declaration in Support with your answer to ask the court to waive or defer the filing fee. Submitting the request lets you file on time without paying the $170 to $594 fee while the court decides eligibility. | - | At the time of filing |
| Appear at the hearing or first appearance | Calendar every date the court sets, including any small claims hearing after you file the Defendant's Response and the eviction first appearance stated in an unlawful detainer summons, where you must appear in person. Bring your evidence and a copy of your filed answer. Attorney review is available as an option before you file if your case involves a short eviction first-appearance date, a debt-collection statute-of-limitations question, or a disputed service-of-process issue. | - | As set by the court |
Frequently Asked Questions
An answer responds to each numbered paragraph of the complaint by admitting it, denying it, or stating you lack enough information to admit or deny, and then lists your affirmative defenses. Oregon does not publish a statewide general-denial form for general civil cases, so you type the answer on numbered pleading paper formatted under Uniform Trial Court Rule 2.010, with the court, parties, and case number in the caption.
Oregon small claims requires a written response, not just a court appearance. Under ORS 46.455 you must complete, sign, and file the Defendant's Response with the clerk within 30 calendar days after you receive service, or the plaintiff can request a default judgment for the amount claimed plus costs. The response lets you admit the claim, deny it and demand a hearing, or file a counterclaim.
Under ORCP 69, once you miss the answer deadline the plaintiff can apply for an order of default and the court can enter a default judgment for what the complaint requests. You can file a Motion for Relief from Judgment or Order under ORCP 71 B(1) within a reasonable time, and no more than one year after notice, by showing mistake, inadvertence, surprise, or excusable neglect. Act quickly, because the one-year outer limit is strict.
Sometimes. Parties often agree in writing to extend the response deadline, and you can ask the court for more time. Filing a motion directed at the complaint, such as a motion to dismiss under ORCP 21, can also change the response timeline. Get any extension in writing, because the default clock keeps running until the plaintiff agrees, the court grants more time, or you file a response.
You can ask the court to waive or defer your filing fee. Oregon's request is the Application for Deferral or Waiver of Fees and Declaration in Support, and eligibility is based on receiving public assistance or having income below the federal poverty guidelines. If the court grants it, you can file your answer without paying the $170 to $594 fee that would otherwise apply by claim amount.
Yes. Improper service of process is a recognized defense in Oregon. A defendant can raise insufficient service of summons by motion under ORCP 21 to challenge whether the court has personal jurisdiction because service did not follow the rules. If service was defective, the time to answer may not have started to run. Raise a service problem promptly rather than ignoring the case, because ignoring it still risks a default.
Respond the same way as any civil complaint: file a timely answer that admits or denies each allegation and raises your defenses. In debt cases, check the six-year statute of limitations for written contracts under ORS 12.080(1) and whether the collector validated the debt under the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692g. Do not ignore the summons, because silence leads to a default judgment for the full amount claimed.
Not necessarily. Unlike some states, Oregon does not make counterclaims compulsory. Under ORCP 22 A you may bring a counterclaim against the plaintiff in your answer, but you are generally not required to, and you do not automatically waive an unrelated claim by leaving it out. Even so, raising a related counterclaim with your answer is often the most efficient way to resolve the whole dispute at once.
A respondent served with a dissolution petition and summons has 30 days to file a response and serve a copy on the petitioner, the same deadline that applies under ORCP 7 C(2). You file your response with the circuit court using the Oregon Judicial Department family law forms. Missing the 30-day window can let the case proceed by default and let the court decide property, support, and parenting issues without your input.
Other Oregon guides
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