If You are Sued in Small Claims Court in Oregon
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Getting sued in small claims can feel scary and overwhelming. But understand ing the process, your rights, and your options can help.
This guide explains the steps, how to prepare, and what to expect during the process.
What does it mean that someone has sued me or “filed a claim” against me in small claims court?
It’s important to remember that having a claim filed against you doesn’t mean you owe money yet, or that the court has already decided you’re at fault. If you respond on time, you can tell the judge your side of the story.
When someone has filed a case against you in small claims court, they are asking the court to decide that you legally owe them money or an item of personal property. This can happen if someone thinks, for example, that:
- You are at fault for damage to their property.
- You haven't returned money or an item they loaned to you.
- You haven’t held up your side of an agreement, such as a contract.
Once a case is filed against you, you will receive legal papers, including a document called a “Notice of Claim.” Make sure you read these papers carefully. They will explain:
- Which county circuit court has the case (this will be at the very top of the document).
- Who has filed the claim against you and why.
- What they are asking the court to do (how much money or what items they want from you)
Important legal terms:
"Claim" - This is what the court calls a case in small claims court. It also refers to what the plaintiff is asking for. For example, the “claim” may be $200 to repair a fence Or it could be the return of a bicycle they say is theirs.
"Plaintiff" - This is the person or business that filed the claim.
"Defendant" - This is the person the claim was filed against (you).
Small claims is not a criminal case.
Even though in court, when someone is charged with a crime, they are also called a “defendant,” it’s important to know that a small claims case is not a criminal case, and someone sued in small claims will not be sent to jail if they lose or if they don't pay the plaintiff.
What should I do after getting paperwork about a case against me?
Don't delay looking at your paperwork and taking your next step. If you don’t respond within two weeks or if you missyour court hearing, the judge may decide the case in favor of the plaintiff without ever hearing your side.
Read the paperwork carefully: Make sure you understand why they filed the claim and what they are asking for. Look at the amount of money and why they say you owe it.
Decide how to respond: Before taking the next step, you should stop and consider your options and what response is best in your case.
- If you disagree with what the person says you owe, you can respond by asking for a hearing where you can tell the judge your side of the story. If the amount they are asking for is $750 or more, you also have the option of moving the case into circuit court, which is a more complicated court and having a lawyer is recommended.
- If you believe that it's actually the other side (the plaintiff) who owes you money, you can file a claim back against them. This is called a counterclaim and it has to be related to the same disagreement they are suing you over.
- In some cases, you may decide to ignore the case entirely. But be careful: this can have serious consequences and you should talk to a lawyer if possible first.
To ask for a hearing, you must file a response with the court within 14 days. The court forms will explain how to do this. Make sure to follow all instructions on the forms closely.
Prepare for the hearing: If you decided to challenge their claim or filed a counterclaim, you should begin gathering evidence that supports your side, such as receipts, contracts, emails, or photos. Plan how you will explain your case clearly. You will have the chance to tell your side of the story at the hearing.
// Read our article Responding to a Small Claims Case for a detailed explanation of these steps.
If I'm sued in small claims court, can I get a lawyer?
Small claims court is designed to be a simpler, more informal process where people usually represent themselves. In most cases, lawyers are not allowed to represent either side unless the judge gives special permission.
However, you can still talk to a lawyer for advice before the hearing. A lawyer can help you understand the case against you, explain your options to you, and guide you in preparing your defense.
If you decide to consult a lawyer, the Oregon State Bar Lawyer Referral Service can connect you with someone who offers low-cost consultations. You can also check with legal aid services for help, especially if you have a low income.
Frequently Asked Questions:
If you have been sued in small claims court, you have the right to defend yourself against the claim by presenting your side of the story at the hearing.
In that hearing, you can tell the judge:
- You don't owe the money because, for example, they aren't telling the truth, they've made a mistake, or the debt is actually owed by someone else
- The amount the plaintiff is asking for is too high or includes costs that you shouldn't be responsible for.
- You're not at fault because the issue was caused by the plaintiff or someone else, or because you did nothing wrong.
- If the incident is very old, it may be too late for the plaintiff to sue you for it. The deadline to sue someone over something is called a "statute of limitations." Many common cases in small claims have a two-year limit, but this can depend on the type of case. Talk to a lawyer if you think this might apply to your case.
You should gather as much information and proof to support your side as possible. If you can, find witnesses who were present or who saw or heard something important first hand.
If someone has filed a claim against you in small claims, and you believe it's actually them who owes you money or property, you may be able to sue them back in the same case. This is called a "counterclaim." But, your counterclaim must be about the same incident or issue that their claim is based on.
For example, say you're being sued by a car mechanic because they say you didn't pay a bill. But the mechanic didn’t actually fix your car and you had to pay to get it fixed somewhere else. You could respond by denying that you owe the mechanic and include your counterclaim for the cost of the extra repairs.
If you want to file a counterclaim, you can do it in the same form you turn in to the court to deny the plaintiff's claim against you. This form is called the "Defendant's Response."
// Go here to learn more about counterclaims and deciding how to respond to a small claims suit.
// Learn more about filling out your "Defendant's Response" paperwork in our guide here.
If there’s a case filed against you and you need help understanding your options, there are several places to turn:
Court staff: The staff at the court can answer questions about how the process works but cannot give legal advice. Find contact information for Oregon's courts here.
Legal Aid: If you qualify for services based on your income, legal aid organizations may provide free or low-cost legal help. Search Oregon Law Help's Legal Directory for low-cost and free legal help here.
Oregon State Bar Lawyer Referral Service: You can get a low-cost consultation with a lawyer who can help explain your options and guide you in defending yourself. Learn more and find contact information here.
The hearing in your case is when you and the other side will go in front of a judge to explain what happened. The court will not schedule a hearing in your case unless you turn in your completed "Defendant's Response" form to the court.
On the form, you must check the box for "Denial of Claim" and "hearing." And you must turn in your form within two weeks (14 days) of when you were first given copies of the claim against you.
// See this article for more on filling out your court forms.
In some counties in Oregon, before the court will schedule your hearing, you must attend a meeting called a "mediation." In this meeting, a neutral professional helps both sides try to come to an agreement without a hearing. If no agreement is reached, the court will schedule a hearing.
In other counties, the court does not require a mediation meeting, and will just schedule your hearing after receiving your response form. You and the other side will be sent information about when and where your hearing is by mail.
To prepare for your small claims hearing:
- Gather any proof that supports your case, like contracts, receipts, photos, or text messages.
- Make a list of key points you want to explain to the judge.
- If you have witnesses, ask them to attend the hearing or write a letter to the judge.
- Practice telling your side of the story clearly and stick to the facts.
- Arrive on time, bring all your documents, and be respectful in court.
For more on how to prepare for a small claims hearing, see this article.
When the judge makes their decision, this is called a "judgment." You and the other side will get a copy of the judgment in your case.
Small claims judgments are final. This means that even if you disagree and think the judge got it wrong, you cannot ask another judge or court to review your case (called an "appeal").
If the judge decided against you, the judgement will say exactly how much you owe the other side. It is up to the other person who wins to actually get the money from you.
// For more, see our article on what happens after the judge's decision in small claims court.
If cannot pay the amount right away, you may be able to work out a payment plan directly with the plaintiff. If you ignore the judgment, the person who brought the case and won may be able to take additional legal actions like taking money out of your paychecks (called “wage garnishment”) or taking money from your bank account (called “bank account garnishment”).
// Learn more about garnishment in our articles here.