Sued in Oregon? You have 30 days to answer
Circuit court civil action: 30 days. Small claims (Defendant's Response): 30 days.
Checked against official sources: Oct 24, 2026. · Free letters and forms ↓
Count your answer deadline in Oregon
Pick your court and the day you were served (got the court papers). We show the last day to answer and what to do next.
Oregon guides by topic
How to answer in Oregon
Your deadline by court, the official form, fees and defenses.
Default judgment in Oregon
What a default means and how to set it aside, with a calculator.
After a judgment in Oregon
Wage garnishment, bank levies and how to claim an exemption.
Debt buyer lawsuits in Oregon
What a debt buyer must prove, and old debts as a defense.
Which court hears debt cases in Oregon
Circuit Court, Small Claims Department
Claims of $750 or less must be filed in small claims; claims up to $10,000 may be. A collector suing for a small debt will often use small claims.
Law: ORS 46.405(2)-(3)
Circuit Court (civil action)
Debt cases over $10,000, and smaller cases the plaintiff chooses to file as regular civil actions, follow the Oregon Rules of Civil Procedure.
Law: ORCP 7 C(2)
How to answer in Oregon
- How to answer
Give your answer or motion to the court clerk with the filing fee, in proper form, with proof that you served the plaintiff's lawyer (or the plaintiff). In small claims, mark your choice on the Defendant's Response form and return it with the fee to the court where the claim was filed; OJD iForms offers an online version.
- Official answer form
- Small claims: Defendant's Response (SC-Response). Circuit court civil actions: no statewide answer form; you file a written answer or motion.
- Fee to answer
In circuit court, the first-appearance fee for a contract case is $170 if the claim is $10,000 or less and $283 if it is over $10,000 and under $50,000. In small claims, demanding a hearing costs $57 if the claim is $2,500 or less and $102 if it is more; paying the claim has no extra fee. You can apply for a fee deferral or waiver.
Law: ORS 21.160; ORS 46.570
- If you can't pay the fees
Application for Fee Deferral or Waiver (ask the court or use the OJD Forms Center): https://www.courts.oregon.gov/forms/Pages/default.aspx
- How you must be served
Circuit court: the summons and complaint can be handed to you, left at your home with someone 14 or older who lives there (and then mailed to you), or served by mail or other methods allowed by the rules. Small claims: the notice and claim are served like a summons, or by certified mail marked 'Deliver to Addressee Only, Return Receipt Requested.'
Law: ORCP 7 D(2); ORS 46.445(3)
Law: ORCP 7 C(2), C(3)(a); ORS 21.160(1); ORS 46.445; ORS 46.570
Defenses to know in Oregon
- Defenses in Oregon law
The limit for contract suits is 6 years. Suing or threatening to sue on a debt after the limit has run is an unlawful collection practice. A judgment for a debt buyer that did not meet the pleading rules of ORS 646A.670 can be challenged by motion under ORCP 71.
Law: ORS 12.080(1); ORS 646.639(2)(r)
- Debt buyer lawsuits
- A debt buyer (or a collector suing for one) must state in its first pleading: the original creditor's name as used with you; the name, address and phone of the current owner and whether it is a debt buyer; the last 4 digits of the original account number; an itemized statement of your last payment, the charge-off balance, interest, fees and charges added by the original creditor and by later owners, and attorney fees sought; and the date it bought the debt. Debt buyer lawsuits in Oregon: the full rules
- Time limit to sue (written contract)
- 6 years · More on old debts at Debt Collector Map
If you missed the deadline in Oregon
A default judgment means the court decides against you because you didn't answer. You may be able to ask the court to set it aside (cancel it), but time limits are short.
- What happens
If you do not appear within 30 days, the plaintiff can ask for a default judgment for the amount claimed plus fees, service costs and a prevailing party fee. That judgment can be used to garnish your wages or bank account or take property.
- How to set it aside (cancel it)
File a motion under ORCP 71 B to be relieved from the judgment for mistake, inadvertence, surprise, excusable neglect, fraud or similar reasons, within a reasonable time and no more than 1 year after you got notice of the judgment. A judgment for a debt buyer that did not follow ORS 646A.670 can also be challenged by an ORCP 71 motion.
Law: ORCP 71 B(1); ORS 646A.670(2)(b)
Count your deadline to set aside a default
If there is a judgment in Oregon
A judgment is the court's decision that you owe money. Then the creditor can ask the court to take money from your pay or bank account.
- Interest after the judgment
9% a year simple interest from the date of judgment, unless the contract bears more than 9% (then the contract rate). Interest also runs on attorney fees and costs in the judgment.
- How long it lasts
Judgment remedies expire 10 years after the judgment is entered. Before they expire, the creditor can extend them once by filing a certificate of extension; the extended remedies expire 10 years after the certificate is filed.
Law: ORS 82.010(2); ORS 18.180(3); ORS 18.182(1), (5)
Garnishment, bank levy and exemptions in Oregon
Exempt means protected by law: money or property the creditor can't take. Often you must claim it yourself, fast.
- Wage garnishment (taking part of your pay)
75% of your disposable earnings are protected, and you always keep at least $400 a week for wages paid July 1, 2026 to June 30, 2027 ($832 for two weeks, $912 for a half month, $1,792 for a month).
Law: ORS 18.385(2)
- Bank levy (freezing and taking money in your bank account)
When a bank gets a garnishment, it must leave you full access to a base amount in all your accounts combined, starting at $2,500 and adjusted each July 1 for inflation; exempt money such as wages (up to $7,500) and federal benefits stays protected if it can be identified.
Law: ORS 18.785(2)(j); ORS 18.348
- How to claim an exemption
File a Challenge to Garnishment (the form in ORS 18.850, sent to you with the writ) with the court named in the writ, in person or by first-class mail, and send a copy to the garnishor. Deadline: within 30 days after you get a copy of the writ, or within 120 days for an exemption claimed for wages from the employer being garnished. There is no court fee to file a challenge. The court then holds a quick hearing, which can be by phone or video. A claim of exemption on execution is decided at a quick hearing in the court that issued it.
- Exemption form
- https://www.courts.oregon.gov/forms/Pages/default.aspx
Law: ORS 18.700(1)-(2), (4); ORS 18.710; ORS 18.322
These garnishment limits are from our sister site, which checks them against official sources: Debt Collector Map: Oregon
Count your deadline to claim an exemption
Free help in Oregon
- OregonLawHelp.org: What to do if you are sued for a debt (free legal aid)
- Oregon State Bar Lawyer Referral Service · 800-452-7636
- Oregon DOJ Consumer Hotline · 1-877-877-9392
- Find free legal help at LawHelp.org
Court self-help
Free letters and forms
Ask the plaintiff's lawyer for the debt documents
The contract, the chain of ownership and an itemization of what they claim.
Help filling in Oregon's official answer form
Link to the official form and what to write on it.
Exemption claim cover letter
A letter to the court clerk to file with your exemption claim form.
Good to know in Oregon
- A court may not enter judgment for a debt buyer whose complaint leaves out the required details about the original creditor, the charge-off balance and added interest and fees (ORS 646A.670(2)(a)).
- Unlike many states, Oregon charges defendants a first-appearance fee when they file an answer; you can ask to defer or waive it (ORS 21.160; OJD small claims instructions).
- Your bank must automatically leave a base amount in your accounts untouched when a garnishment arrives (ORS 18.785).
Changes in 2024–2026
Or. Laws 2024 ch. 100 reformed garnishment, including the automatic bank-account protection and higher wage floors; Or. Laws 2025 ch. 343 banned medical debt from credit reports.
Law: ORS 18.785; ORS 18.385; ORS 646A.677
Federal rules in every state
- Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
- Old debts. A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on. Law: 12 CFR 1006.26(b)
- Before a default judgment. Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service. Law: 50 U.S.C. 3931(b)(1)
- Your pay. For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more. Law: 15 U.S.C. 1673(a)
- Federal benefits in the bank. Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask. Law: 31 CFR 212.5, 212.6
Questions about debt lawsuits in Oregon
How long do I have to answer a debt lawsuit in Oregon?
Circuit court civil action: file a motion or answer within 30 days from the date you were served. Small claims: return the Defendant's Response within 30 calendar days after you received service (you can deny the claim, pay it, counterclaim, or ask for a jury trial if the claim is over $750).
How do I answer a debt lawsuit in Oregon?
Give your answer or motion to the court clerk with the filing fee, in proper form, with proof that you served the plaintiff's lawyer (or the plaintiff). In small claims, mark your choice on the Defendant's Response form and return it with the fee to the court where the claim was filed; OJD iForms offers an online version.
Is there an official answer form in Oregon?
Small claims: Defendant's Response (SC-Response). Circuit court civil actions: no statewide answer form; you file a written answer or motion.: https://www.courts.oregon.gov/forms/Documents/SC-Response.pdf
Does it cost money to answer in Oregon?
In circuit court, the first-appearance fee for a contract case is $170 if the claim is $10,000 or less and $283 if it is over $10,000 and under $50,000. In small claims, demanding a hearing costs $57 if the claim is $2,500 or less and $102 if it is more; paying the claim has no extra fee. You can apply for a fee deferral or waiver.
What if I can't afford the court fees in Oregon?
Application for Fee Deferral or Waiver (ask the court or use the OJD Forms Center): https://www.courts.oregon.gov/forms/Pages/default.aspx
What happens if I don't answer in Oregon?
If you do not appear within 30 days, the plaintiff can ask for a default judgment for the amount claimed plus fees, service costs and a prevailing party fee. That judgment can be used to garnish your wages or bank account or take property.
Can I cancel a default judgment in Oregon?
File a motion under ORCP 71 B to be relieved from the judgment for mistake, inadvertence, surprise, excusable neglect, fraud or similar reasons, within a reasonable time and no more than 1 year after you got notice of the judgment. A judgment for a debt buyer that did not follow ORS 646A.670 can also be challenged by an ORCP 71 motion.
How much interest does a judgment add in Oregon?
9% a year simple interest from the date of judgment, unless the contract bears more than 9% (then the contract rate). Interest also runs on attorney fees and costs in the judgment.
How long does a judgment last in Oregon?
Judgment remedies expire 10 years after the judgment is entered. Before they expire, the creditor can extend them once by filing a certificate of extension; the extended remedies expire 10 years after the certificate is filed.
Can my wages be garnished in Oregon?
75% of your disposable earnings are protected, and you always keep at least $400 a week for wages paid July 1, 2026 to June 30, 2027 ($832 for two weeks, $912 for a half month, $1,792 for a month).
Can a creditor take money from my bank account in Oregon?
When a bank gets a garnishment, it must leave you full access to a base amount in all your accounts combined, starting at $2,500 and adjusted each July 1 for inflation; exempt money such as wages (up to $7,500) and federal benefits stays protected if it can be identified.
How do I claim an exemption in Oregon?
File a Challenge to Garnishment (the form in ORS 18.850, sent to you with the writ) with the court named in the writ, in person or by first-class mail, and send a copy to the garnishor. Deadline: within 30 days after you get a copy of the writ, or within 120 days for an exemption claimed for wages from the employer being garnished. There is no court fee to file a challenge. The court then holds a quick hearing, which can be by phone or video. A claim of exemption on execution is decided at a quick hearing in the court that issued it.
More help on our sister sites
Sources
- Oregon Rules of Civil Procedure (ORCP 7, 71)
- ORS chapter 18 (judgments, garnishment, exemptions)
- ORS chapter 21 (court fees)
- ORS chapter 46 (small claims)
- ORS chapter 82 (interest)
- ORS chapter 646A (ORS 646A.670 debt buyer lawsuits)
- Oregon Judicial Department: Debt Collection Cases
- OJD: Instructions for Responding to a Small Claim
Last checked: Oct 24, 2026.
- Venue for debt collection suits, 15 U.S.C. 1692i
- Time-barred debts, 12 CFR 1006.26 (Regulation F)
- Default judgments and servicemembers, 50 U.S.C. 3931
- Restrictions on garnishment, 15 U.S.C. 1673
- Federal benefit payments in bank accounts, 31 CFR part 212
- CFPB: What should I do if I'm sued by a debt collector or creditor?