Statute of Limitations Defense in Oregon Small Claims
I am being sued by former landlord for alleged owed rent and damages. Although I am confident I can prove that is false, my first main defense would be she did not file within the statute of limitations (ORS 12.125).
My question is how does the small claims hearing work? I cannot file a motion to dismiss pre-hearing (double checked with clerk),so I have to pay 75.00 to disagree with charges and ask for a hearing. At court, will the judge listen to her whole statement first and then when it's my turn I respond with the SOL defense? And will she generally be ordered to pay me back the 75.00 filing fee? She's non-collectable as she is technically on disability, in foreclosure and has a ton of liens already on her...so I'll never see a dime of it back. I will bring my evidence to prove her wrong if the judge doesnt allow my SOL defense...but I dont see how he couldnt...under ORS chapter 90 she is given the right to sue me for these alleged damages...yet ORS 12.125 says any action arising out of a rental agreement or chapter 90 must be commenced within one year. She waited 15 months to file (she claims on papers the debt was owed on Dec.1 2008) and she filed Mar.5 2010. Do I present the SOL defense first and then also all my other defense? Or will he rule right there on the SOL and if not in agreement with me allow me to proceed with my proof that I dont owe the money? Would just be so much easier if I could have it dismissed and thrown out right from the get-go and not have to listen to her lies and the waste of court time.
Re: Statute of Limitations Defense in Oregon Small Claims
Small claims procedure is summarized here.
Quote:
Quoting What Happens in Small Claims Court
What happens in court?
Many judges will first present the opportunity for mediation. Mediation is a process in which a trained, neutral mediator facilitates communication between opposing parties in an attempt to reach agreement. If you and the defendant agree to mediation, a volunteer mediator will meet with you privately in a separate room.
If you do not reach an agreement or do not wish to mediate, the judge will listen to each side. This is called a hearing. Both the mediation and the hearing will take place on the same day. You should allow two to three hours for the entire process.
If you have a hearing, bring your witnesses. Also bring any pictures, diagrams, account books, bills, receipts, contracts, notes, dishonored checks or other evidence that will help the judge. Whatever you present in court will be all the judge knows about your case. If your case is complicated, it may help to give the judge a written summary of your position. The judge will examine the evidence and question the parties and their witnesses before making a decision. The decision or judgment may be announced then or later.
What happens during the hearing?
Usually, the court will go through a docket call. Answer when your case is called. Most judges will briefly explain the procedure to be used in your trial. If you are confused about anything he or she says, or if you have other questions, do not be afraid to ask the judge. When the trial begins, the judge will ask you and your witnesses to swear to tell the truth. The judge will also swear in the defendant.
If you are the plaintiff, you will have the first chance to tell your story. Go through your prepared statement. Ask the judge if you may call on your witnesses, and present any documents or photos. After you and your witnesses have told the judge your story, the defendant will have a chance to tell his or her story.
After the judge has heard the facts from both sides, including witnesses, and everyone has asked all their questions, the judge will decide who wins the case and the amount, if any, the winner should receive. If the judge wants more time to think about the case, he or she will tell you when you can expect a decision.
I personally would raise the statute of limitations defense at the start of my argument, but be prepared to dispute any other claims "just in case'.