Evictions
In the Justice Court of the State Of Oregon for Linn County, District 4A.
Information And Procedures For Forcible Entry And Detainer (FED)
General Information:
The filing of an eviction with the Court is solely for the Landlord (now Plaintiff) to evict the tenant(s) (now Defendant) from the premises in question. It is not for collection of back rent, damages, etc. To collect for these items, you will need to file a separate action as a Small Claim or a regular civil action.
Eviction is based upon the notice given to the tenant by the landlord. The rental property in question must be in the County in which you are filing your eviction.
Procedures:
Provide the Court with the prepared Complaint and Summons (forms available from the Clerk) and 5 copies of the current notice if any on which you are basing your eviction.
- Pay filing fee of $88.00. Cash, money order or check payable to: LINN COUNTY JUSTICE COURT.
- Pay service fee of $50.00. Money order or check payable to: LINN COUNTY SHERIFF’S DEPARTMENT. Cash is not accepted. You may leave a name and phone number with the court clerk and the sheriff's department will contact you to make a payment with a debit/credit card.
- Appear in Court on the scheduled hearing date, prepared to have case heard. Preparation includes having all necessary papers and documents.
- First Court appearance, both parties are required to appear. If Plaintiff appears and Defendant fails to appear, the Judge will review the notice to tenant and render an immediate decision. If the Judge finds in favor of the Plaintiff, possession of the property will be granted to the Plaintiff. If both parties appear for the first appearance, the case will proceed on. Additional court appearances may be required by both parties. If Defendant appears and Plaintiff fails to appear, the case will be dismissed. If neither party appears, the case will be dismissed.
- If the Defendant(s) appear and want to contest the Eviction the Defendant must pay a filing fee of $88.00 and file an answer at the 1st appearance.
- If Plaintiff is awarded possession of the premises and Defendant has failed to move within allotted time in Judgment, Plaintiff may request a Notice of Restitution. This gives the Defendant 96 hours to move (cannot expire on a weekend or holiday). The Sheriff will charge to serve this notice and plaintiff must transport notice to the Linn County Sheriff’s Civil Department in room 317, Courthouse, 300 4th Ave SW, Albany Oregon.
- If Defendant still fails to move, Plaintiff must request an Execution of Judgment of Restitution to be issued by the Court Clerk, and follow up with the Sheriff. The Sheriff will require additional fees.
- If a money judgment is awarded, the Creditor may do post-judgment collection proceedings (i.e. Garnishments on wages or bank accounts, executions on property, etc.) The Court cannot give legal advice.
Note: a judgment is merely the decision of the court. Although payments may be made to the court, the court is not a collection agency and will not secure payment for the judgment creditor. Once the judgment has been paid, the creditor is legally responsible for notifying the court in writing of the full satisfaction of judgment. If a claim is settled between both parties before the first appearance, the plaintiff can file written notice with the court that a settlement has been reached.
For additional information, in Oregon you may call TEL-LAW at 1-800-452-4776, tape numbers 7016 and 7017. TEL-LAW is provided by the Oregon State Bar and is available by touch-tone phone 24 hours a day.
Forms available at Court Office
If you need help in finding an attorney, you may contact the Oregon State Bar Lawyer Referral Service online or by calling 503-684-3763.
