Oregon Small Claims

In Oregon, small claims are civil lawsuits seeking monetary compensation for issues such as contract violations, property damage, or personal injuries. The maximum amount recoverable must not exceed $10,000. In Oregon, these cases are handled by the Small Claims Department of the Circuit Court, and in certain counties, they may also be handled by Justice Courts.

What Is a Small Claims Court in Oregon?

In Oregon, a small claims court is any court that handles cases seeking money or compensation for property damage that does not exceed $10,000. The regulations governing small claims in the state are found in Chapters 46 and 55 of the Oregon Statutes.

The small claims process in Oregon is quite informal. Although you can seek advice from a lawyer, it is crucial to understand that attorneys typically cannot take part in the hearing unless they have the judge's approval. Most courts in Oregon require you to demonstrate a "bona fide (good-faith) effort" to settle the issue before you can file a claim.

Small Claims Court Limits in Oregon

The small claimsmonetary cap in Oregon is $10,000, excluding court costs and interest. This means that only cases seeking monetary reward of $10,000 or less can be heard in small claims court.

In most Oregon counties, small claims are handled by Small Claims Departments of Circuit Courts. However, in some counties, these cases are heard in Justice Courts.

In Oregon, you can submit your claim in the court located in the county where at least one defendant lives or can be located, or where the damage, claim, or injury took place. If it is a contract claim, you can file your claim where the defendant was expected to act according to the contract.

How to File a Small Claims Case in Oregon

To file a small claims case in Oregon, you must take the following steps:

1) Confirm the right court and venue. You can file a small claim in the county where the defendant lives or does business. Many courts post local procedures and filing fees. For example, you can find local procedures concerning small claims in Washington County on the county's website.

2) Prepare your paperwork. To begin a small claims case, you must follow the Plaintiff Instructions packet and complete a statewide Small Claim and Notice of Small Claim form. Oregon’s Guide & File (OJD iForms) can generate forms. It also allows you to complete your filing online.

3) File and pay fees.

After completing the complaint form, you are expected to submit the form to the appropriate court. Note that you will be required to pay filing and service fees when submitting the form. The amounts vary by county and service method. Your filing opens the docket, and the court sets a hearing date.

4) Serve the defendant correctly. After filing, the defendant must be served a copy of the Notice and Claim. Service can be completed either in the same manner as circuit-court service of summonsor by certified mail. It is always best to keep proof of service for the court.

5) Lawyers & entities. In Oregon, you may consult a lawyer at any time during your small claims case. However, lawyers generally can not appear in small-claims hearings without the judge’s permission.

Small Claims Court in Major Oregon Locations (examples)

• Portland (Multnomah County Circuit Court): In Multnomah County, small claims are handled by the Circuit Court. The court's page is linked to statewide filing information and forms. It also provides local notes and recommends a good-faith effort to settle.
• Washington County Justice Court (Hillsboro area): The Washington County Justice Court handles small claims in the county.
• Deschutes County (Bend) Justice Court: The Deschutes County Justice Court’s page provides filing instructions and a fee schedule.

What to Expect at a Small Claims Hearing in Oregon

In Oregon, small claims hearings are informal. A judge leads this proceeding without a jury. However, the defendant may request a jury trial. Note that this will require that the case be transferred to a regular civil docket.

In a small claims hearing, the plaintiff goes first, followed by the defendant. It is always in the plaintiff's best interest to present organized, labeled evidence, such as contracts, receipts, photos, texts, or email printouts. If the defendant was served but does not appear, the court might enter a default judgment.

In this state, a small-claims judgment cannot be appealed. However, if the defendant wants, they can ask for a jury trial if the claim is over $750, which will move the case to the regular civil docket. If that occurs,the plaintiff has to file a formal complaint within 20 days.

How to Search for Small Claims Records in Oregon

Oregon offers both free and paid options for accessing case information. Typically, what you can find online includes the case number, involved parties, a register of actions (docket), event/hearing dates, and outcomes.

1. Free Records Search (OJD): This provides public calendars and basic case details for Circuit Courts and the Tax Court. It also connects to the Oregon eCourt Case Information (OECI) system for free access to essential information.
2. OJCIN Online (paid): This is a subscription service for accessing OECI (trial courts) records. It offers a broader range of search options and document viewing, including small claims records.
3. Certified copies/full records: The official record is kept by the Circuit Court (or Justice Court) where the case was filed. To request copies, use the Statewide Records Request form or visit your local court’s records page. Many courts also have public terminals available at the courthouse.