Oregon Justices of the Peace Association
Small Claims
Local Courts Serving Oregon Communities Since 1847
To start a small claims case, the person making the claim (the "plaintiff") fills out a one page Claim and Notice of Claim. The court has this form available for free. The Claim contains a summary of the reason for the claim. Each court has their own filing fee schedule.
It is up to the Plaintiff to have the Defendant (the person allegedly owing the money) personally served with a copy of the Claim and Notice of Claim. The Plaintiff cannot make this service, and most people ask the Sheriff to make this service. The Sheriff charges $28.00. If the defendant is not personally served, but the papers are left at their residence, you need to mail the defendant a copy of the papers, and then file an affidavit with the court stating that you mailed the papers to the defendant on a certain date.
Once the defendant is served with the Claim and Notice of Claim, the defendant has 14 days to file an Answer. An Answer denies all or part of the claim. The defendant can also sue the plaintiff and this is called a "Counterclaim". Forms are available from the court to file an Answer and/or a Counterclaim. Once an Answer or Counterclaim is filed, the Court will schedule a trial. Each court has their own filing fee schedule.
If the defendant does not file an Answer, after 14 days, the plaintiff can ask the court for a "default judgment", which means the plaintiff wins his or her money judgment automatically. A form for the "default judgment" is available from the court.
If the defendant files an Answer or Counterclaim, the court will schedule a trial and send both parties a trial notice.
At trial, it is up to the plaintiff to bring in witnesses and exhibits (papers, photos, etc) to prove their case. That is, what are the facts showing that the judge should award money to the plaintiff. The defendant can bring witnesses and exhibits to show the judge there are facts showing that the Plaintiff should NOT be awarded money. Witnesses testify under oath, and both parties and the judge can ask the witness questions.
At the end of the trial, the Judge has to decide the issues of fact and the legal issues, and then decide which party should be awarded a money judgment. In many cases, the Judge will make a decision by writing a letter to both parties. The law allows an appeal to Circuit Court for a brand new trial.
If the court awards a money judgment, it is up to the party receiving that money judgment to collect it from the other party. A judgment can be collected by asking the court for a writ of garnishment against the judgment debtor's bank or employer. In order to obtain a writ of garnishment, you will need to "transcribe" the judgment to the court's civil docket, for $5, and the writ of garnishment will cost another $5. The Sheriff charges $15 to serve the writ on a bank or employer. A bank will also require a $10 fee. You can also transcribe the judgment to Circuit Court, where the judgment becomes a lien against real estate owned by the debtor in the county.
The court cannot give legal advice. Legal advice includes helping you choose words to describe your claim, or tell you how much money you should ask for. If you want legal advice, you can contact a lawyer, look up the law at the county library, or use a computer. The Oregon State Bar has a web page which gives some directions for legal advice: Oregon State Bar Oregon State Bar small claims pamphlet
This page last updated May 02, 2008