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.