How to File a Case in Small Claims Court in Oregon

Small claims court is for cases involving $10,000 or less, where one side is asking only for money or the return of personal property.

Small claims court is not for other kinds of cases, such as:

• Trying to evict someone.
• Ordering someone to finish a job.
• Dealing with family law disagreements like child support or custody problems.

See this article for more on what to know before filing a case in small claims court.

Before you can file a case in small claims, you must try to work out the disagreement on your own.   

• For example, if someone owes you money, consider writing them a letter asking them to pay. Make sure to save a copy of the letter as proof.
• You have to explain how you tried when you file your paperwork. The court won't accept your case if you don't.

In Oregon, small claims cases are usually handled in the county circuit court (which is different from a city or municipal court). You can file your case in the county where:

• The person you are suing lives (or, if you are suing more than one person, where at least one person lives.)
• The event that caused the problem happened.
• The injury or damage happened.
• The business involved is located.

In some cases, all of these are in the same county. In other cases, you might have a choice of counties where you can file. Find the circuit court for each county and its contact information here.

Complete the "Small Claim and Notice of Small Claim" form, available from the small claims department at your county courthouse.  

You can also get the form online. Visit this court website to download and print the form or fill it out and file it online.  

• If you plan to print the form out and turn it in, make sure to choose the link that says "PDF" under "Type of Document."
• If you want to file the form online, choose the one that says "iForm." 

Whether you file online or at the courthouse, you will be asked to pay a filing fee. The amount depends on how much money you are asking for in your case.  

Contact the court to find out what the current fees cost. You can also look on this official court website under "Circuit Court Fees." 

If you win your case, you can ask the court to add your filing costs to the money the other side owes you.

If you can't afford the filing fee, you can ask to file your case for free or pay later. See how in the next step.

If you have a low income, the court may allow you to file your forms without the fee or allow you to pay the filing fees later.

Ask the court clerk for the "fee waiver" forms, also called the "Fee Deferral or Waiver Application and Declaration." 

A judge will review your application and let you know whether:

1. You must pay the fee. 
2. You can pay the fee later.
3. You do not have to pay the fee at all.

Your case can move forward in one of three ways, depending on what the other side does:

1. They agree to pay. If they pay or return what you're owed, the case is closed.

2. They respond and ask for a hearing.

• Some courts will schedule your hearing (your day in court) right away.
• Other courts will schedule mediation first. Mediation is when a neutral professional tries to help both sides reach an agreement. If that doesn't work, a hearing is scheduled.

3. They don't respond. If they don't respond within 14 days, you can ask the court to decide in your favor without hearing from the other side.  

For more on these next steps, read:

• What to expect at your hearing in small claims court.
• What happens after the court makes its decision.