FED - Forcible Entry & Wrongful Detainer

What You Need to Know About the Oregon Eviction (FED) Procedure

An FED (Forcible Entry & Wrongful Detainer) is a lawsuit only for the possession of property. Taking the proper steps is crucial, otherwise the court can throw out your FED. The FED court does not give a judgment for rent owed, so the landlord or property management company must file a separate small claims action for back rent monies due or for damages, etc.
  • Before filing the FED, a proper notice must be given to the tenant. It can be served by anyone.  If the tenant is required by the notice to do something (pay rent, for example) or to quit doing something (playing loud music, for example), the landlord can ask the court for possession of the premises if the tenant does not comply with the landlord’s notice. The rent must be 7 days or more past due before an FED complaint can be filed.

 

  • After the time has expired on the tenant’s notice, the FED can be filed at the county courthouse where the tenant’s address is located. No other court has the authority to help the landlord. Be sure to completely and accurately fill out the FED forms (Download a FREE copy here; there is a charge if purchased from the court). Make 3 copies of the notice because you’ll need them when you file the FED.

 

  • The fee in all Oregon counties is now $88.00 to file an FED. Your check should be payable to The State of Oregon. The court requires a separate check for each FED filed.

 

  • When the FED is filed, the court assigns a First Appearance date that is generally 8-15 judicial days later.

 

  • The FED must be served at least 5 full days prior to the First Appearance date (not counting the day it is served) and the Proof of Service must be filed with the court no later than the day after service.  (Preferred Process Servers serves the FED on the tenant the same day it is filed in court and files the Proof of Service the next day.)  If no proof of service is in the court’s file by the time of the First Appearance, the case will be dismissed.

 

  • Always retain a copy of the Proof of Service for your own file.

 

  • At the First Appearance the parties are encouraged to work out a settlement agreement to avoid trial. A trial will not be held during the First Appearance.

 

  • If the landlord does not appear, the case will be dismissed.

 

  • If the tenant does not appear, a Judgment for Restitution (a court order declaring the landlord is entitled to possession) will be entered in the landlord’s favor and a Notice of Restitution will be issued telling the tenants they have 5 days to be out. This Notice of Restitution must be served on the tenant immediately.  (Preferred Process Servers serves this Notice the same day it is issued by the court.)

 

  • If both parties appear, the judge, and possibly a mediator, will talk to the parties about resolving the case. If an agreement is reached, it will be put in writing, and both parties will be ordered to comply with it. Landlords who do not have the time or who do not want to attend the First Appearance can appoint a representative to take their place. Preferred Process Servers can refer you to a qualified, experienced representative.

Filing an FED can be a time-consuming and complicated process, but Preferred Process Servers make it easy!

***Due to COVID changes in the landlord-Tenant eviction process, please read the instructions and use the most current FED forms provided by the Court***
Once your FED is filed with the court, we can serve copies to the tenant in accordance with the law. If you need help, send your questions to Preferred Process Servers: service@salemprocessserver.com, or call (503)990-6637
Instructions:
Summons:
Complaint:

Affidavit of Nonmilitary Service

This statute has been on the books since 1940 to protect soldiers fighting in the foxholes who could not defend themselves in a lawsuit, but until now it was not stringently enforced by the court.
Landlords should know that a case will be stalled or possibly dismissed if the affidavit is not filed before the first appearance, and since there is only a week between the filing and the first appearance, it is highly recommended to file the affidavit at the same time as the FED Summons and Complaint.

What to Expect at a First Appearance Hearing After the FED is Filed

A date for the First Appearance Hearing is set by the court when the FED (Forcible Entry & Wrongful Detainer) is filed. The date must be at least 7 full days after the filing. Each county has a different procedure. For example, Marion County holds appearances Tuesdays, Wednesdays and Thursdays at 9:00 a.m. Polk County holds appearances only on Mondays and Thursdays at 8:00 a.m. Your failure to appear means you automatically lose and your time and money have been wasted! Landlords who do not have the time or who do not want to attend the First Appearance hearing, can appoint a representative to take their place. Preferred Process Servers can refer you to a qualified, experienced representative.

Several things could happen at the First Appearance Hearing:

  • The Judge encourages the landlord and tenant to reach an agreement, such as the vacate date or a back rent schedule. This agreement becomes a court order to which both parties must comply.
  • The Judge may require both parties to meet with a mediator to reach an agreement.
  • If the tenant is contesting the eviction, the Judge will require the tenant to file an answer that day so a trial date may be set for a week later.
  • The landlord could receive a Judgment of Restitution of the Premises (a court order declaring the landlord is entitled to possession).
  • The case could be dismissed due to improper filing of the FED, or at the request of the landlord.

The Landlord Can Win by Default

If the tenant fails to appear at the First Appearance Hearing, a Judgment of Restitution is granted. After paying a $18.00 fee to the court, the landlord will be given a Notice of Restitution which needs to be served on the tenant. The Notice of Restitution includes a vacate date and time by which the tenant must move out and, when requested, the landlord may be awarded its filing fee, service expenses, and a prevailing party fee to be paid to the landlord. An FED judgment is a public record and is usually reviewed and reported by credit agencies.

The Landlord Can Win by Agreement

When the tenant appears and there is an agreement (either through the Judge or through the mediator), the court will enter a Stipulated Judgment per the agreement. If the tenant does not comply with the agreement, no additional hearings are needed. The landlord may file an Affidavit of Noncompliance (a court form) and pay an additional $17.00 which results in a Judgment of Restitution being signed and a Notice of Restitution being issued by the Court Clerk. This procedure usually takes just one day.

What if Landlord Wins Judgment but Tenant Does Not Move Out?

When a judgment for possession is granted, the landlord enforces the judgment by having the Court Clerk issue a Notice of Restitution. This notice tells the tenant that they have 4 calendar days to move out, beginning the day after they are served with the notice.

Preferred Process Servers Can Handle the Notice of Restitution for $40.00.

Save time. Save money. Have Preferred Process Servers handle your Notice of Restitution.
Here’s what we do for you:
  • Pay $18.00 to the court and pick up the Notice of Restitution from the courthouse
  • Serve the Notice of Restitution on the tenant the same day
  • File the Proof of Service with the court
  • Send you a copy of all the documents including the Proof of Service
  • ALL for $40.00 (plus court cost)!

Writ of Execution

If the tenant still does not move out, the landlord can get a Writ of Execution. Upon payment of a $47.00 fee to the court and a fee to the Sheriff, (between $125 and $155), the landlord may ask the Sheriff to physically remove a tenant from the property. Only the Sheriff can serve a Writ of Execution. The Sheriff’s office will schedule the “lock out” with the landlord so there is someone there to take possession of the tenant’s property, if any remains on the premises.