What Is a Small Claims Court in Oregon?
Oregon Small Claims Courts resolve civil disputes involving financial settlements of not more than $10,000. Even if the dispute is over damaged property, the property must be worth $10,000 or less to file a case in the Oregon Small Claims Court. Cases that may be filed in this court include:
- Collection of bad debt
- Repayment of loan
- Breached written or oral contracts
- Return of security deposit
- Injury matters such as dog bites
- Improper repair of a car or appliance
- Breach of warranty
A person cannot file a lawsuit in a Small Claims Court against a federal employee, agency, or the federal government.
How Does the Oregon Small Claims Court Work?
In Oregon, litigants can represent themselves in Small Claims Court. The court staff is prohibited from giving any legal advice, but the parties involved may speak to a lawyer for help. Sometimes called "the people's court," the Oregon Small Claims Court forbids lawyers from participating in hearings without the judge's permission. Lawyers can only help educate litigants, organize evidence, and advise on all other steps to take regarding a lawsuit.
Small Claims Courts are generally inexpensive, and cases are quickly processed. The person filing the claim or suing someone is the plaintiff, and the person being sued is the defendant.
Plaintiffs can only file small claims cases in the county where a defendant resides or where the event leading to the case occurred. Also, plaintiffs can file a case in the county where a contract was to be performed.
Jury trials are disallowed in the Oregon Small Claims Court as only a judge is permitted to hear the case and decide the appropriate judgment. However, a defendant who wishes to have a jury trial may ask the Small Claims Court to transfer the case to another court if the money involved is $750 or over.
How to Take Someone to Small Claims Court in Oregon
Before filing a small claims case in Oregon, making a "bona fide" effort to settle the dispute with the defendant is important. It is better to send this in writing as it is a requirement of the court. If trying to resolve the dispute outside the court is unsuccessful, the plaintiff must attach a statement that reveals their action to the claim form.
It is crucial to have relevant information and evidence before pursuing a lawsuit. For example, the plaintiff must have the defendant's correct legal name, address, and other details that support the claim. If the sued party is a business, the plaintiff must have the proper business name because the court will not enter a judgment for improperly named defendants. Plaintiffs may contact the Corporate Division of the Oregon Secretary of State's office to know if the business is registered and obtain the business's correct title and the registered agent's address.
The first step in taking someone to a Small Claims Court in Oregon is completing the Small Claim and Notice of Small Claim form. When requesting money damages, plaintiffs must itemize and prove the actual loss. It is wrong to give a rough estimate without listing the actual damage and associated amount. Also, the plaintiff must input the defendant's filing fees on the form:
- The defendant's filing fee to demand a hearing if the amount claimed is $2,500 or less is $57 (plus service expenses).
- The defendant's filing fee for requesting a hearing if the amount claimed is more than $2,500 is $102 (plus service costs).
The plaintiff must notify the defendant about the lawsuit. There are four ways a plaintiff can serve the defendant with the Notice of Small Claim.
- Personal service: The first method is through the sheriff's office. The service charge for this method depends on the sheriff's office. Another means is to serve the claim through a non-party. This way, a competent individual who is 18 years old or older and lives in Oregon may help submit the notice. After service, the plaintiff must file an original proof of service with the court, specifying the date of service.
- Substitute service: Here, the notice may be delivered to the defendant's residence. In addition, a copy of the claim, including the date, time, and place the claim was served, must be delivered to the defendant via first-class mail.
- Office service: Office service may be deployed by leaving a copy of the claim and notice at the defendant's office during working hours. Also, a copy of the notice must be forwarded to the defendant by regular first class mail.
- By mail: There are two crucial steps to take when serving a small claims suit by mail. The first is to send the notice to the defendant's residence or business through first-class mail. The other step is to send the claim through certified mail, return receipt requested, and restricted delivery. Additionally, the plaintiff must file proof of service (return receipt) and the Certificate of Service by Mail with the court.
Also, plaintiffs who use the substitute, office, or mail service must ensure that they fill the Certificate of Service Mailing.
Furthermore, plaintiffs can fill an Acceptance of Service form, which will replace all other forms of service. Completing and signing the form does not mean that the defendant has accepted the claim. It only shows that the defendant has received the notice.
After receiving the notice, a defendant may pay the claim within 14 days. This must include the court fees and costs. After that, the defendant must provide proof of payment to the court, and the plaintiff must ask the court to dismiss the claim.
On the other hand, a defendant may also disagree with the claim. When denying the claim, the defendant must file a response and request a court hearing within 14 days of service. The court will notify the plaintiff by mail if the defendant denies the claim. The mail will include the date and time of the hearing.
However, the court may grant the plaintiff a default judgment if the defendant does not file an answer within 14 days of getting the Notice of Claim. This means that the plaintiff wins, and the defendant must pay the claim. The claimant must file a Motion for Default Judgement & Defendant Status Declaration with the court to request a default judgment.
Defendants also have the right to file a claim against the original claim. This is called a "counterclaim."
Oregon Small Claims Courts ensure litigants go through the mediation process before any hearing. This process aims to help the plaintiff and defendant reach an agreement without the court's interference. Mediation is confidential.
If the mediation process is successful, the court must be notified immediately. If not, the case will be set for trial. Usually, the court will send a notice of trial to the parties within five days of the mediation.
Although small claims hearings are informal, litigants must be well-prepared for the hearing. At this hearing, both parties will be allowed to present their case, evidence, and witnesses to the court. Permissible evidence in a small claims hearing includes copies of contracts, bills, receipts, letters, police reports, photographs, and so on.
Any judgment entered in an Oregon Small Claims is final and cannot be appealed.
How Much Can You Sue For in Oregon Small Claims Court?
The Oregon Small Claims Court only accepts lawsuits where the amount to recover is $10,000 or less. Whether the case involves cash or property, the value must not be above $10,000. However, claims over $750 and up to $10,000 may be filed in the civil court as well. There, lawyers are allowed to represent litigants.
How to Defend Yourself in Oregon Small Claims Court
The most effective way to defend oneself in an Oregon Small Claims Court is to present relevant evidence before a judge, including bills, contracts, receipts, photographs, and witnesses. Simply put, a case party must be able to prove everything they will say to the judge.
Where the statute of limitations for a case has expired, a defendant may state this in court as a defense. Another way to mention that a statute of limitation has elapsed is by putting it in a written response to the plaintiff's claim ahead of the hearing date. Regardless, it is advisable to mention it again in court during the hearing.
How Long Do You Have to Take Someone to Small Claims Court in Oregon?
There are statutes of limitation laws applicable to cases filed in the Oregon Small Claims Courts. The statute of limitations is the maximum period that an action may be initiated before it becomes ineligible to be filed in an Oregon Small Claims Court. Generally, when the time elapses, litigants lose their rights to fight the matter in court. The statute of limitations for small claims in Oregon are as follows:
- Breached contracts: A plaintiff must file a breached oral or written contract case in Oregon Small Claims Court within six (6) years of the transgression.
- Property damage: Six years.
- Personal injury: Two years.
Sometimes, the status of limitation may be suspended due to certain conditions, such as if the defendant is in prison. In this case, the time begins to count after the person has been released from jail.
What Happens If You Don't Show Up for Small Claims Court in Oregon?
A plaintiff who does not attend court on the date of their hearing will have the case dismissed by the court, and there will be no other chance to refile.
If the defendant does not show up, the plaintiff will win by default, and such a party will have to pay the money ordered by the judgment.
A plaintiff who cannot show up on the day of the hearing must inform the court at least 14 days before their hearing. However, such a person must have a good reason for the request.
What are Small Claims Court Records in Oregon?
Oregon Small Claims Court records contain the documents created and filed during a case. This includes the litigants' names, submitted documents, the reason for the dispute, the amount involved, dates of hearings, judgment, and more.
Where Can I Find Oregon Small Claims Court Records?
All Oregon court records are public records unless restricted by a court order. Hence, accessible to members of the public. The Oregon Public Records Law permits all citizens this access unless prohibited by law or court order.
There are three basic ways to find Oregon small claims records:
- Online: With this free website, interested persons can access court calendars and basic information on small claims cases in Oregon.
- Oregon Judicial Case Information Network (OJCIN) Online: This is another online service that gives the public access to Oregon Small Claims Court records.
- Courthouse: Anyone can call, email, or visit the courthouse that handled a small claims lawsuit in Oregon to find case records.
