Balboa Apartments v. Patrick

ORS 105.135(3) requires a plaintiff in an action for forcible entry and detainer (FED) to serve the summons and complaint "by the end of the judicial day next following the payment of filing fees." The issue in this case was whether failure to serve a summons and amended complaint within one day of the payment of filing fees required dismissal of the FED action. Both the trial court and the Court of Appeals concluded that such a failure did not require dismissal. Plaintiff Balboa Apartments filed an FED complaint against Defendant Lisa Patrick for nonpayment of residential rent. Plaintiff paid the requisite filing fee at the same time. The summons and complaint erroneously listed Defendant's apartment as unit "#20," when, in fact, defendant occupied unit "#28." A process server attempted service on the wrong apartment, ultimately posting a copy of the summons and complaint on the door of unit 20. Plaintiff learned of the mistake and filed an amended complaint that listed the correct unit number. Plaintiff did not pay an additional filing fee, because none was required. The clerk reset the first appearance date. A process server posted the amended complaint and summons at Defendant's apartment. Defendant petitioned for review, and the Supreme Court accepted review to determine whether the Court of Appeals accurately interpreted ORS 105.135. Upon review, the Supreme Court agreed with the trial and appellate courts which held dismissal of the case due to the gap in filing and payment of the filing fee was not warranted. View "Balboa Apartments v. Patrick" on Justia Law