Legal Question in Civil Litigation in Oregon

small claims court service

after filing in small claims court - how much time does the court give me to serve the defendant? I need as much time as I can get for an investigation before I serve the party. I had to file it because of the statute of limitations. I asked the clerk this question & she said that was givig legal advice. I thought that was asking for local rules.


Asked on 8/08/01, 1:30 am

1 Answer from Attorneys
Susan Burns Law Office of Susan Ford Burns

Re: small claims court service

The Oregon Rules of Civil Procedure provide that a service made within 60 days of filing dates back to the filing date. Since you indicate that you filed your complaint due to the statute of limitations, if you don't get the defendant served within the 60 days, the service will not "date back" to the filing date and you could lose your claim due to missing the statute of limitations.

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Answered on 8/08/01, 1:04 pm


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