How to Fill Out and File Your Small Claims Forms

This article is being revised and edited. Please check back soon to read the final version. 

This article is part of a step-by-step guide to filing a case in small claims court in Oregon. Go here to read the guide and see the rest of the steps. 

To file a case in small claims court, you will need to fill out the right forms and pay a filing fee. This guide walks through each step of filling out the form. It also covers filing fees and what to do if you can't afford to pay the filing fee. 

Where to file your claim

First, you will need to decide where to file your claim. Small claims cases are filed in the small claims department at a county circuit court. 

You must file your case in the county where any one of the following is true: 

• The person you are suing lives, or if you are suing multiple people, 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 may be able to pick from multiple counties when deciding where to file. 

Go to this government web site to look up each county's circuit court and its contact information. 

Where to get your forms

Once you have decided which county to file in, you will need to fill out a form called "Small Claim and Notice of Small Claim." 

You can pick up a copy of the form at the county circuit court where you plan to file your case. You may also be able to find the form at a stationary store that sells legal forms. 

To download or file the form online:

You also have the option of downloading the form or filing your form online. 

• Go here to visit the official "Forms Center" for small claims court.
• Find the list of links under "Small Claims Forms for Plaintiffs." There will be two links that say "Small Claim and Notice of Small Claim." See below:

• To download a copy to print and give to the court in yourself, choose the link that says "PDF" under "Type of Document."
• To fill out and file the form entirely online, select the link that say says "iForm" under "Type of Document."

//For more about filing your small claims forms online, see our short guide here. 

What to include in your claim

You will need to include the following information when filling out the Small Claim and Notice of Small Claim form. 

Your full legal name and address: If you are filing the suit, you are the "plaintiff." Check the box that says "PLAINTIFF" and write your full legal name and correct address underneath.   

The name and address of all defendants: Whoever you are filing the claim against is the "defendant." The defendant's information on the form is listed next to the plaintiff's.

• If you are filing your claim against more than one defendant, fill out an additional form for each one. 
• Be sure to include the full and correct names of all defendants. Double check to make sure the spelling is right. 

If you are suing a company or business: you will need to take some additional steps to get the right information. 

1. Get the correct name of the business from the state business registry. 
   • Call the Oregon Secretary of State’s office at 503-986-2200 and ask for the Business Information Center. 
   • Search online using the Secretary of State's Business Registry search.
2. Get the name and address of the "registered agent" for the business listed in the business registry.
   • When you file your claim, you will need to deliver copies of the paperwork to the "registered agent" for the business. 

The details of your claim: There are several lines on the form to write down what happened in your case. 

• Write in the date when the incident happened. 
• Write the exact amount of money you are owed or the value of the property involved. 
• Use the remaining lines to explain why you believe you are owed this money or property. 
• Include all of the dates on which anything happened related to your claim.
• You can use additional sheets of paper and staple them to the form.  

Include an itemized list of costs: If you are asking for money to cover specific costs, like home repairs or medical bills, make a clear list of each cost. 

• In court documents, these costs may be referred to as your "damages." 
• Be specific and exact when listing each expense. You should not guess or estimate. 
• For example, list costs like like this: 
  • "Plumbing repair: $545.87" 
  • "Medical exam with Dr. Robert Smith, $947.89"
  • "Repairs to left side panel of vehicle at Acme Auto Shop: $1,238"
• You can list these on a separate piece of paper and staple it to the form. 

Describe how you tried to resolve the disagreement: The form asks you to describe the efforts you made on your own to settle the problem with the defendant or defendants. 

• You will find a section on the second page to describe how you tried to settle disagreement. 
• When you sign the form, you are swearing to the court that what you described is true.
• Your small claims case will not go forward if you haven't already tried on your own to get the other side to pay you or return what you are owed.  

Filing fees and costs

Filing fees depend on the amount you are claiming you are owed. Check with the court where you are filing your claim for the current small claims filing fees. You can also look up current filing fees on the Oregon Judicial Department's web site.

You may also have to pay additional fees called “service fees” to deliver copies of your paperwork to the person you are suing. 

// Find more details about delivering court documents and the related fees in this article. 

If you cannot afford the filing fee, you may be able to file your case without paying the fee or by paying the fee later. 

To ask the court to file your paperwork without paying the fee, you need to file a form called a "Fee Deferral or Waiver Application and Declaration" with your claim. This is often just called a "fee waiver" application. 

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.

// You can download a copy of the fee waiver form here. 

// See our guide to filing small claims forms online for how to apply for a fee waiver when filing your small claims forms online.

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