(1) In addition to any other award, the prevailing party shall be entitled to a judgment for the small claims filing fees and service expenses paid by the party and the prevailing party fee provided for in ORS § 20.190 (1)(c) or (2)(b). The prevailing party may also be awarded prevailing party fees under ORS § 20.190 (3). The award shall be paid or the property delivered upon such terms and conditions as the judge may prescribe.

Terms Used In Oregon Statutes 46.485

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Plaintiff: The person who files the complaint in a civil lawsuit.

(2) The court may allow to the defendant a setoff not to exceed the amount of plaintiff‘s claim, but in such case the court shall cause to be entered in the record the amount of the setoff allowed.

(3) No attachment shall issue on any cause in the small claims department.

(4) A judgment in the small claims department is conclusive upon the parties and no appeal may be taken from the judgment.

(5) The clerk of the court shall keep a record of all actions, proceedings and judgments in the small claims department.

(6) A judgment in the small claims department is a judgment of the circuit court. The clerk shall enter such judgment in the register of the circuit court in the manner provided by ORS § 18.075. A judgment in the small claims department may create a lien as provided by ORS § 46.488. Judgments that include money awards, as defined by ORS § 18.005, are subject to ORS § 18.042. [1971 c.760 § 10; 1977 c.875 § 7; 1985 c.540 § 17; 1991 c.111 § 7; 1995 c.618 § 9; 1995 c.658 § 52; 1997 c.801 § 60; 1999 c.84 § 8; 2003 c.576 § 91]