Attorneys cannot represent small claimants in Oregon’s Circuit or Justice Court without permission from the judge. How to File a Small Claims Suit in Oregon The first step in filing a small claims case is to obtain and fill out the necessary forms and pay the required fees.
Small Claims. Small claims are filed to resolve disputes without a lawyer. The amount claimed (including the value of property) must be $10,000 or less. If you are claiming money and property worth more than $10,000, you cannot file a Small Claim. Go to Civil or see a lawyer for advice. Claims for more than $750 and up to $10,000 can be filed in either Small Claims or Civil court.
If you are at least 18 years old (or an emancipated minor) and you’re seeking $10,000 or less, you can file a claim in small claims court. Most small claims courts allow business entities, such as corporations or partnerships, to bring actions in small claims court, but check with your small claims court clerk for special rules. Attorneys cannot represent small claimants in Oregon’s …
Small Claim. Go to www.courts.oregon.gov, or see a lawyer for advice. o Claims for more than $750 and up to $10,000 can be filed in either Small Claims or general civil court. Lawyers can represent you in general civil court. o Claims for $750 or less must be filed in Small Claims court. An exception allows these claims to be filed in general civil court if the law you are suing under …
military service, you cannot get a default judgment unless the servicemember has waived protection under the Servicemember’s Civil Relief Act. This federal law starts at 50 U.S.C. § 3901. Your local law librarian can help you find it, or go to . www.law.cornell.edu * (under . Get the Law . click . U.S. Code, then click . Title 50 . and ...
You will have to pay a filing fee of approximately $50-$100, depending on the value of your claim and the court in which you file. If you are the small claims court defendant and want to contest a claim against you, you may have to pay a fee also; courts are not uniform on this, so check with the clerk's office.
Sometimes called “the people’s court,” small claims court is for cases involving claims of less than $10,000. Cases can be decided quickly and economically in small claims court where hearings are informal and you do not need a lawyer. In fact, you must have special permission from the judge to bring a lawyer with you to small claims court.
If the defendant pays or otherwise satisfies the claim, you must provide him or her with proof of the payment. Then, the defendant must mail proof of payment to the court. The defendant may ask for a hearing and/or assert a counterclaim against you.
If the defendant is a business, call the Oregon Secretary of State’s office, Corporation Division, at (503) 986-2200, and ask for the Business Information Center to see if the business is registered. You may also go to http://egov.sos.state.or.us/br/pkg_web_name_srch_inq.login and do a business name search from that website. Use these resources to obtain the correct title of the business and the name and address of its registered agent. The proper person to serve is the registered agent, officer, director, general partner or managing agent of the corporation. If the business is a partnership, you should name all partners individually and the partnership by its correct legal name. If the business is a sole proprietorship, you should find out both the name under which the business is operated and the name and address of the owner. You can find this information by going to the Assumed Names Department at the County Clerk’s office, or through the Oregon Secretary of State’s website, above.
Small claims court can only award money (up to $10,000 plus court costs) and/or the recovery of personal property. You cannot ask the court to order the defendant to do anything, or to refrain from doing something. If you need an order to make someone do something or stop doing something, other courts are available.
When you file your claim with the court, you will be asked to sign a sworn statement called an affidavit stating that you have made a “bona fide” (good faith) effort to collect on the claim. You can try to settle by phone or in writing. Make sure your offer is simple, clear and unemotional.
If you have a tort (accident) claim, you may file in the county where the accident took place or in the county where the defendant resides. If the dispute is related to a service or purchase, you may file in the county where the service or purchase took place (or was supposed to take place), or in the county where the business in question is physically located.
The first step in filing a small claims case is to obtain and fill out the necessary forms and pay the required fees. You’ll need the name and address of the person or business you’re suing (the defendant). You'll also need the details about your claim, including the date the claim arose and the amount you intend to ask for in damages. Each Oregon Circuit and Justice Court branch will likely have its own local rules to follow—and some might have specific forms, too. Check with the court clerk for information or use the resources listed under the “More Information on Oregon’s Circuit and Justice Courts” heading below.
In Oregon, you’ll bring your matter in the small claims department of Oregon’s Circuit or Justice Court.
But it might not be worth it because of the complicated rules and costs of hiring an attorney. You can recover up to $10,000 in the small claims department of an Oregon Circuit or Justice Court.
Questions for Your Attorney 1 Should I use small claims court if I’m owed more than the jurisdictional limit? 2 I was in an accident with a city-owned maintenance truck. Can I sue the city in small claims court for personal injuries and vehicle damage? 3 I’ve been served with a small claims action—what will happen if I don’t show up?
For example, if you want to file for divorce or increase child support, you’ll need to go to a family law court.
The statute of limitations for Oregon cases is six years for contract and property damage cases. It’s two years for personal injury matters. Keep in mind that other limitation periods exist and that the length will depend on the case type.
In Oregon, you’ll bring your matter in the small claims department of Oregon’s Circuit or Justice Court.
The filing fee may be paid by cash, credit or debit card, or by check or money order made payable to the State of Oregon. Go to www.courts.oregon.gov to see the current fees.
Small claims trials are informal so that the parties can handle their own cases. Lawyers cannot appear without special permission of the court. The plaintiff first, and the defendant second, will present sworn testimony, evidence, and witnesses to the judge. The judge is only interested in facts. Your testimony should be brief and to the point. You may use written notes, but do not expect the judge to read a written statement.
“Satisfaction” is a form that tells the court that your judgment has been paid (satisfied). You MUST file a Satisfaction of Judgment when you have received full payment on the money award portion of your judgment. You may also file a Satisfaction of Judgment anytime you receive a payment. A “partial satisfaction” means you have received payment, but not the full amount. A “full satisfaction” means the award is paid in full. You must also send a copy of the Satisfaction of Judgment to the other party. Satisfaction of Judgment forms are available online or at the court, and there is no fee to file this form.
Mediation brings all of the parties together to discuss the dispute with a trained, neutral mediator. Mediation offers a last chance to maintain control over the outcome of the dispute before turning it over to a judge. Remember, no matter how right you think you are, you may not win the case. A mediated agreement is enforceable once a judgment is entered.
“Public Body” is defined at Oregon Revised Statute 30.260 and means more than just government agencies. Use the defendant’s full name. Do NOT use acronyms like “DOC” – spell out “Oregon Department of Corrections.” Make sure you use the current name of the defendant. If the defendant used a different name at the time of the event that you are suing about, then include a note with the former name: “Current Agency Name (formerly Prior Agency Name).”
Many courts have mediation programs for small claims. Some may require mediation before a judge will hear your case. If a defendant files a response denying the claim or making a counterclaim against you, the court may schedule mediation for both parties. Mediation is confidential.
Small claims trials are informal so that the parties can handle their own cases. Lawyers cannot appear without special permission of the court. The plaintiff first, and the defendant second, will present sworn testimony, evidence, and witnesses to the judge. The judge is only interested in facts. Your testimony should be brief and to the point. You may use written notes, but do not expect the judge to read a written statement.
Mediation brings all of the parties together to discuss the dispute with a trained, neutral mediator. Mediation offers a last chance to maintain control over the outcome of the dispute before turning it over to a judge. Remember, no matter how right you think you are, you may not win the case. A mediated agreement is enforceable once a judgment is entered.
“Satisfaction” is a form that tells the court that your judgment has been paid (satisfied). You MUST file a Satisfaction of Judgment when you have received full payment on the money award portion of your judgment. You may also file a Satisfaction of Judgment anytime you receive a payment. A “partial satisfaction” means you have received payment, but not the full amount. A “full satisfaction” means the award is paid in full. You must also send a copy of the Satisfaction of Judgment to the other party. Satisfaction of Judgment forms are available online or at the court, and there is no fee to file this form.
Many courts have mediation programs for small claims. Some may require mediation before a judge will hear your case. If a defendant files a response denying the claim or making a counterclaim against you, the court may schedule mediation for both parties. Mediation is confidential.
Small claims court is where anyone can bring a civil case in front of a local judge if it is under a certain amount of money. It provides relatively fast resolution to disputes at a low cost. This option is good for people who cannot afford an attorney or who believe their case is simple. The court process is simplified on purpose, ...
Some states allow up to four years if the issue involves a spoken or written contract.
You decide to take the case to small claims court and get all the paperwork to file. You must gather all your communications with the gym (copies of emails or texts), the date you signed up, and the amount of money you lost by them not fulfilling their end of the deal. You might bring your gym's contract to court and highlight the parts of the contract the gym did not fulfill. Then you conclude by saying you want $10,000 back in lost personal training sessions, unused months of the membership, and the time it took you to take them to court.
Depending on the state you live in, the amount of money you ask for in your case may need to be under $2,500 (Kentucky) or could be as much as $25,000 (Tennessee). Most states' limits fall in the middle of those amounts.
If you won the court judgment or money judgment, your battle might not be over yet. Some people will refuse to pay you, or they may need a payment plan. The courts will not help you get the money you won. You will have to take steps to get the money, which could include: Getting "levy" access to their bank account.
After the case concludes, you will: Hear the final result (called a "court judgment") or receive a "money judgment" by certified mail.
Have a court date set and serve the other person with the claim (in some cases, you may have to tell them about the court date yourself) Wait for the other side to answer you (if they do not fight back before the court date, you will automatically win) Once you actually go to court, you can expect to:
Judgments in small claims court may not exceed $3,900.
Small claims court is a division of county court and the hearings are conducted by a county judge. Small claims court is limited to civil (non-criminal) actions involving disputes over amounts of money owed, damage to property, or seeking the return of personal property.
Staff of the county court and judges are not permitted to give you additional information or assist any party in small claims beyond the contents of this pamphlet. Court personnel are not permitted to discuss the merits of your case with you and are prohibited from giving you legal advice about your case.
It is not designated to provide specific advice, and may not be totally applicable in any particular case. If you have additional questions about small claims court or your legal rights, you should seek the professional advice of a lawyer.