What to Know About in Small Claims Court in Oregon
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Small claims court can be a simple way to resolve a disagreement over money or personal property (things like tools, personal belongings, or a vehicle, for example).
But if you're thinking about taking someone to small claims or someone has filed a claim against you, it may feel intimidating.
This article explains the basics of how small claims court works. Continue reading the guides linked at the end of this article for step-by-step guidance on how to file a claim or what to do if a claim is filed against you.
Knowing the process can help you feel more confident and improve your chances of success in court.
When can someone use small claims court?
Small claims court is for cases where one side is asking for money or the return of personal property. The amount of money involved must be $10,000 or less. If the amount of money or value of the property involved is more than this, you may want to talk to a lawyer about filing your claim in other courts.
The judge in a small claims case is limited in what they can do. The judge can only decide:
- Whether one side owes the other money, or
- If one side should return an item of personal property to the other.
Small claims is commonly used to settle disagreements such as:
- Collecting a debt that hasn't been paid.
- Property damage, such as to a home, a vehicle, clothing, or a personal belonging.
- A disagreement between a landlord and a renter over a security deposit. See this article for more on taking your landlord to small claims.
- A disagreement with a contractor over a remodel or home repairs.
- Asking for the return of a personal item or belonging.
You must try to settle your disagreement on your own before you can file a case against someone in small claims court.
What types of cases are not allowed in small claims court?
Small claims court is not for:
- Criminal cases and traffic tickets: Including unpaid restitution (money owed to the victim of a crime).
- Eviction cases: Whether you're being evicted or trying to evict someone. This is different than a disagreement over a security deposit or paying for damage to the property, which may be allowed in small claims.
- Family law issues: Disagreements about custody, divorce, child support or spousal support.
- Restraining orders: Any situation where you want the court to order someone to stay away from you.
If you have a question about whether your case qualifies for small claims court, contact the court clerk at your local county circuit court.
Can I bring a lawyer to small claims court?
In Oregon, lawyers are generally not allowed to represent either side during small claims court hearings. Small claims court is designed to be simple and straightforward, so you don’t need a lawyer. But there are some exceptions.
You can always talk with a lawyer to get advice on how to prepare your case.
In rare cases, the court may allow a lawyer to represent you during the hearing. But you need special permission from the judge first. This may happen if:
- The case involves complicated legal issues.
- You would have difficulty representing yourself because of medical, mental health, or language barriers.
If you want to talk to a lawyer:
- Use the Oregon Law Help Legal Directory to search for free or low-cost legal help.
- If you can afford to hire a lawyer, call Oregon's Lawyer Referral Service for help finding one.
- Read our guide to hiring a lawyer in Oregon for tips on finding the right lawyer for your case.
But you may want to act fast. Many claims have a time limit of one or two years to file. If you wait too long, you may not be able to file your case at all.
What happens if I'm sued in small claims but don't respond or don't go? Will I be arrested?
You won't be arrested. However, if you don't go to court or you ignore the case, the other side may win automatically.
This means the person who sued you may be able to make you pay the amount they asked for, even though you didn’t get a chance to explain your side. But you cannot be arrested.
Small claims court deals with money issues, not criminal ones, and it is not a crime to ignore a small claims case filed against you or not show up to a hearing in small claims court.
If you miss your court date, contact the court to see if you can still fight the judgment or find out what your next steps should be.
Ignoring the situation can make things worse. The other side may take some of your paycheck or put a claim on your property to collect the money owed. Taking some action, even after missing the hearing, can help you deal with the situation better.
// Learn more about what happens if the court decides without you being there in this article.