How To Answer an Oregon Debt Collection Court Summons

You got sued for debt in Oregon. You need to act fast to protect yourself.

When a debt collector files a lawsuit against you, the court sends official paperwork. Your response depends on which court handles your case. Small claims court requires a simple response form within 14 days. Regular circuit court requires an answer form within 30 days. Both situations demand that you show up to required court appearances.

Responding gives you power. Debt collectors count on people ignoring lawsuits. Don’t give them an easy win.

How Do Debt Collection Lawsuits in Oregon Work?

Falling behind on bills often leads to debt collection. You’ll get phone calls and letters from collectors first. Eventually, they may file a lawsuit against you.

Oregon handles debt collection lawsuits in two courts. Small claims division handles simpler cases with faster timelines. Regular circuit court handles more complex cases with formal procedures. The official paperwork you receive tells you which court is hearing your case.

How Do You Know You’ve Been Sued?

The court sends official documents when someone sues you. You’ll receive different paperwork depending on your court.

Small claims court sends a Small Claim and Notice of Small Claim form.

Regular circuit court sends a summons and complaint.

Both documents include critical information:

• Instructions for responding to the lawsuit
• Your response deadline
• Consequences of not responding

The summons lists the plaintiff’s name and address, your information, and the court name. The complaint outlines numbered allegations against you. It explains why they’re suing and what they want from the court.

How Long Do You Have To Respond?

Your response deadline depends on which court is hearing your case.

• Small claims court: You must respond within 14 days
• Regular circuit court: You must respond within 30 days

Missing these deadlines means you automatically lose. The court documents you receive clearly state your deadline.

How Do You Respond to an Oregon Small Claims Notice?

Receiving a Small Claim and Notice of Small Claim requires immediate action. You must file a Defendant’s Response form within 14 days or lose automatically.

Oregon provides OJD iForms for electronic submission. You can draft and submit your response online through this system. You can also download the form and complete it by hand.

If you need help responding but can’t afford a lawyer, our partner Solo can help you respond and negotiate a settlement. They’ve helped over 300,000 people respond to debt lawsuits.

Step 1: Fill in the Case Information

Use your Notice of Small Claim form as reference. Complete the top section with:

• County name
• Plaintiff’s name and address
• Defendant’s name and address (yours)
• Case number

Check the interpreter box if you need language assistance.

Step 2: Address the Claim

The response form offers three main options:

Payment of Claim: Check this if you agree you owe the debt and can pay it fully. Attach proof of payment.

Denial of Claim: Check this if you don’t believe you owe the debt. Maybe the amount is wrong. Perhaps you have another defense. You’ll then demand either a hearing or jury trial.

Choosing a hearing moves faster and costs less. Jury trials take longer and cost more. Most people benefit from requesting a hearing instead.

Counterclaim: Check this if the plaintiff actually owes you money related to the lawsuit. Counterclaims get complicated. Consider hiring a lawyer if you take this route.

Step 3: Attend Mediation and/or the Hearing

Requesting a hearing means you must attend scheduled court appearances. Your first appearance might be mediation with a neutral third party. If mediation fails, the court schedules a trial.

You’ll receive official notice with the date, time, and location. Appearances may happen in person or virtually.

Small claims hearings are informal compared to regular trials. Bring your defenses prepared with supporting evidence. Account statements, receipts, contracts, and payment proof help your case.

The plaintiff presents their story first. Then you present yours. Address the judge as “your honor.” Speak respectfully to everyone. Arrive on time.

How Do You Respond to a Debt Lawsuit in Regular Circuit Court?

Receiving a summons and complaint requires filing an answer form. Oregon doesn’t provide an official statewide answer form. Many counties offer templates to guide you through the process.

Your answer must include:

• Court name and parties (plaintiff and defendant)
• Case number
• “Answer” labeled somewhere on the document
• Your response to each plaintiff claim
• Your affirmative defenses
• Proof of service

Step 1: Address Each Complaint Allegation

Address every numbered claim from the plaintiff’s complaint. You have three response options for each allegation:

Admit it: You believe the information is true.

Deny it: You don’t believe the information is true or you disagree with it.

Lack sufficient information: The plaintiff didn’t provide enough details for you to know if it’s true.

The third option holds power. It forces the person suing you to prove their claims. If they left out important information, you may raise this as an affirmative defense. The judge might dismiss the case.

Step 2: Raise Your Defenses

Affirmative defenses are legal arguments that can defeat the plaintiff’s claim even if the debt is valid. You’re saying the debt might exist but you shouldn’t have to pay it.

Common affirmative defenses in debt collection cases include:

• Statute of limitations: The debt collector waited too long to sue you
• Lack of standing: The debt collector can’t prove they have the right to sue for this debt
• Improper service of process: You weren’t served lawsuit papers correctly
• Payment: You have evidence of full or partial payments
• Identity theft or fraud: The debt resulted from identity theft or fraudulent activity
• Settlement or agreement: A prior agreement or settlement wasn’t fulfilled
• Unfair or deceptive practices: The debt collector used illegal collection practices

Include applicable defenses in your answer form. Provide evidence supporting your claims. Account statements, receipts, payment proof, police reports for identity theft, and contracts all strengthen your case.

Step 3: File Your Forms and Serve the Plaintiff

Most Oregon courts allow electronic filing. E-filing often speeds up the process. If you prefer hard copies, make two copies of your completed answer.

Take or mail the original to the court listed on the summons. Mail one copy to the plaintiff or their attorney. Keep one copy for your records. Use certified mail for court papers so you have proof of delivery.

What Happens After You Respond?

The court sends official notice about next steps after you file your answer. Your case may proceed to trial or arbitration.

Arbitration means you and the plaintiff each present your story and evidence to an arbitrator. The arbitrator decides who wins, but you can appeal their decision.

Come prepared whether you attend a hearing or arbitration. Know your defenses. Bring your evidence. Practice explaining your side beforehand. Arrive on time. Speak respectfully to everyone involved.

If you’re worried about responding correctly, our partner Solo helps you draft your answer and negotiate with debt collectors before court.

What Happens if You Don’t Respond to the Lawsuit?

Responding to a lawsuit protects your rights and financial well-being. Ignoring the lawsuit leads to a default judgment against you.

A default judgment means you automatically lose because you didn’t respond. The creditor can then take aggressive collection actions like wage garnishment or bank levy.

You have more power than you think. Exercise that power by responding or showing up.

Debt collectors count on defendants not responding. They want easy victories. Sadly, they often get them because people don’t defend themselves. Don’t become another statistic.

Already have a default judgment against you? You may still get it canceled. File a motion to cancel the judgment or reopen the case. A motion formally requests the court’s review. You can learn more about vacating judgments on our motion to vacate page.

Get Help Responding to Your Oregon Debt Lawsuit

Several resources can help you respond to your lawsuit:

• Legal Aid Services of Oregon provides free or low-cost legal help to qualifying individuals
• Oregon Law Help connects you with legal aid services near you
• Oregon State Bar offers a unique legal referral program with low-cost assistance
• Our partner Solo helps you respond to debt lawsuits and settle for less than you owe

Don’t face this alone. Help is available to protect your rights and your money.