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 is whether failure to serve a summons and amended complaint within one day of the payment of filing fees requires dismissal of the FED action. Both the trial court and the Court of Appeals concluded that such a failure did not require dismissal. We agree and affirm.

The relevant facts are few and undisputed. On May 27, 2008, plaintiff, Balboa Apartments, filed an FED complaint…