Rule 15.020.Dismissal of Small Claims for Want of Prosecution
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 15.020
Plain-English Summary
A small claims case that goes quiet gets closed. The rule sets an outside date on each half of getting a defendant into court, and both dates run from something the plaintiff controls.
The first is proof of service. After service is made, the serving party must forthwith file the return or acceptance of service with the trial court administrator. If no return or acceptance of service is filed by the 63rd day after the complaint was filed, the court may dismiss the case for want of prosecution.
The second starts once proof of service lands. If a defendant has not appeared by the 51st day after the proof of service is filed, the court may dismiss the complaint against each nonappearing defendant for want of prosecution, unless the plaintiff has applied for a default judgment. That exception is the heart of the rule. It is aimed at cases nobody is moving, not at cases moving toward default.
Both dismissals are permissive. The court may dismiss; it is not required to. But a plaintiff who lets either date pass is leaning on the court's forbearance rather than on the rule.
Frequently Asked Questions
How long do I have to file proof of service in an Oregon small claims case?
File the return or acceptance of service forthwith after service is made. The outside limit is the 63rd day after the complaint was filed; if nothing is on file by then, the court may dismiss for want of prosecution.
What happens if the defendant never appears?
If a defendant has not appeared by the 51st day after the proof of service is filed, the court may dismiss the complaint against that nonappearing defendant for want of prosecution, unless the plaintiff has applied for a default judgment.
How do I keep my case alive when the defendant ignores it?
Apply for a default judgment. The rule's dismissal for a nonappearing defendant carries an express exception where the plaintiff has done so, which turns silence from the defendant into a path to judgment rather than a path to dismissal.
Who do I file the return of service with?
The trial court administrator. The rule names that office, and filing it there is what starts the clock that runs against a nonappearing defendant.
Is dismissal automatic once a deadline passes?
No. In both places the rule says the court may dismiss, not that it must. The case is exposed rather than gone, and whether it survives is left to the court.