The purpose of an FED action is to determine who is entitled to possession of a premises, and to protect both the Landlord and the Tenants rights. To collect for back rent, fees, and other monetary claims you will need to file a Small Claim or a Civil action. An eviction action by a Landlord is based upon the notice given to the tenant by the landlord. An FED Claim may be filed by either the Landlord or the Tenant, however, the property in question must be in the county in which you are filing your eviction.
Residential Evictions - ORS Chapter 90 Applies
- Provide court staff with the prepared Complaint, Summons and the Notice on which you are basing your eviction action.
- Pay a filing fee of $88 by cash, money order or credit/debit card to Grant County Justice Court.
- The Defendant must be served copies of the Complaint, Summons, Landlord's Notice, and Nonpayment of Rent Disclosure in non-payment termination cases.
- At the first court appearance, both parties are required to appear. If the Plaintiff appears and Defendant fails to appear, the Judge will review the notice to the 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 and additional court appearances may be required by both parties. If the Defendant appears and the Plaintiff fails to appear, the case will be dismissed. If neither part appears, the case will be dismissed.
- If the Defendant(s) appears and wants to contest the Eviction, the Defendant must pay a filing fee of $88, file an Answer with the Court and have the Answer served on the Plaintiff.
- If the Plaintiff is awarded possession of the premises and the Defendant has failed to move within the time allotted in the Judgment, the Plaintiff may request a Notice of Restitution. This notice gives the Defendant 96 hours to move (cannot expire on a weekend or holiday). The Notice must be served on the Defendant.
- If the Defendant fails to move out of the premises after the Notice of Restitution is served, the Plaintiff must request a Writ of Execution of Judgment of Restitution be issued by the Court Clerk to be taken to the Sheriff's Office for execution.
- 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. @(Model.BulletStyle == CivicPlus.Entities.Modules.Layout.Enums.BulletStyle.Decimal ? "ol" : "ul")>
PLEASE NOTE: Court Staff are not permitted to give legal advice. ORS 8.245