What to Know If You are Sued in Small Claims
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Getting sued in small claims can feel scary and overwhelming. But understanding the process, your rights, and your options can help.
This guide explains what to expect and how to prepare if someone has filed a claim against you. It also answers many frequently answered questions at the end. Jump to the FAQ section here.
What is small claims court?
Small claims court is a simple and low-cost way to settle disagreements over money or personal belongings.
Compared to a lawsuit in regular court, the small claims process is faster, has lower fees, and usually doesn't require a lawyer. In fact, lawyers are not allowed except in especially complicated cases. In Oregon, small claims cases are limited to $10,000 or less.
Go here to learn more about how small claims court works.
What happens when someone sues me in small claims court?
When someone has filed a case against you in small claims court, they are asking the court to declare that you legally owe them money or an item of personal property.
For example, this can happen if someone thinks 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
If a case is filed against you, you will receive legal papers, including a document called a "Notice of Small Claim." Make sure you read these papers carefully. They will explain:
- Which county court has the case (this will be at the very top of the document).
- Who filed the claim against you and why.
- What they are asking the court to do (how much money or what items they say you owe them).
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.
What are my options for responding?
The court won't set a court date for your case until you respond. But if you don't respond within two weeks, the judge may decide in favor of the other side without hearing from you.
Before taking the next step, you should stop and consider your options:
- Pay the amount asked for, plus costs. If you pay the other side what they are asking for, plus their costs for filing the claim and getting the papers delivered to you, the case will be closed.
- Challenge their claim in court. If you don't think you owe them what it says, you can ask for a hearing, which is a day in court where you and the other side each tell the judge your side of the story. You must file a response with the court within 14 days to ask for a hearing. The court forms will explain how to do this. Make sure to follow all instructions on the forms closely.
- Move the case out of small claims. If they are asking for $750 or more, you can also move the case into circuit court. Cases in circuit court have more rules and follow a more complicated process and it's recommended that you have a lawyer.
- Sue them back. If you believe that it's actually the other side who owes you money, you can file a claim back against them. This is called a counterclaim. To file a counterclaim, the reason they owe you money must be related to the same disagreement.
- Do nothing (but talk to a lawyer first). In some cases, you may decide to ignore the case entirely. But be careful: this can have serious consequences, and you should first talk to a lawyer if possible.
//To learn more about these options, read our article How to Respond When You're Sued in Small Claims.
Can I get a lawyer if I'm sued in small claims court?
Small claims court is designed to be a straightforward and informal process where people usually represent themselves. In most cases, lawyers are not allowed to represent either side unless the judge gives special permission. Learn more about how small claims court works in this article.
However, you can still talk to a lawyer to get 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 talk to a lawyer, the Oregon State Bar Lawyer Referral Service can connect you with someone who offers low-cost consultations. You can search our directory of free and low-cost legal services here.
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 other side 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 them to sue you. The deadline to sue someone is called a statute of limitations. Many typical cases in small claims have a two-year limit, but this depends on the type of case. Talk to a lawyer if you think this might apply.
You should gather as much information and proof to support your side as possible. If you can, find witnesses who were present or saw or heard something important firsthand. Read more about how to prepare for a small claims hearing 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 you legal advice. Find contact information for Oregon's courts here.
Legal Aid: Legal aid organizations may provide free or low-cost legal help if you qualify for services based on your income. Search Oregon Law Help's Legal Directory for low-cost and free legal help here.
A private lawyer: 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 time.
To do this, check the box on your response form that says "Denial of Claim" and "hearing." You must turn in your form within two weeks (14 days) of when you were first given copies of the claim against you.
In some counties in Oregon, the court requires you and the other side to first go to mediation. This is a meeting where a neutral professional helps both sides try to reach an agreement. If you can't agree, 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. The court will mail information to you and the other side information in the mail about when and where your hearing is.
Learn more about what to expect at your small claims hearing in this article.
To prepare for your small claims hearing:
- Gather anything 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 think the judge got it wrong, you cannot ask another judge or court to review your case (also called an appeal).
If the judge decides against you, the judgment would say exactly how much you owe the other side. It is up to the person who wins to get the money from you.
For more, see our article on what happens after the judge's decision in small claims court.
If you cannot pay the amount right away, you may be able to work out a payment plan directly with the other side.
If you ignore the judgment, the person who brought the case and won may be able to take additional legal action to get their money. This includes having money taken out of your paychecks (called wage garnishment) or your bank account (called bank account garnishment).
No, you can't go to jail over a case in small claims.
A small claims case is not a criminal case. If you don't respond to a case against you or you don't go to your day in court, there can be serious consequences, such as legally owing the other side more money.
If you are ordered to pay money and you don't, the other side may be able to garnish (take money from) your wages or bank account.
But it's not a crime to miss your small claims hearing or fail to pay, and you can't be arrested or put in jail.