Small claims in Oregon.
Oregon's small claims courts offer a streamlined process for resolving disputes up to $10,000, with mandatory mediation in many counties.
- Most you can sue for$10,000Same cap for individuals and businesses
- Filing fee$57-$102Depends on claim amount
- CourtCircuit Court (Small Claims Department)
- Lawyers at trialNot allowedUnless judge grants permission
- Appeal windowNot allowedSmall claims judgments are final
- Recent change—No major changes in the last 3 years
Find your situation.
Oregon small claims handles money disputes up to $10,000 (or $10,000 if you're a business). Browse 7 categories and 39 specific claim types below.
Oregon allows you to file small claims for breaches of contract and money owed, provided the amount does not exceed $10,000.
Wrong court for these13 situations small claims can’t handle
Eviction (unlawful detainer)
Small claims courts do not handle eviction proceedings; these are addressed in the regular civil court.
Try instead: Circuit Court's Landlord-Tenant section
Title to real estate
Disputes involving the ownership of real property are beyond the jurisdiction of small claims courts.
Try instead: Circuit Court
Defamation
Claims involving defamation, such as libel or slander, are not suitable for small claims court due to their complexity.
Try instead: Circuit Court
Malpractice
Professional malpractice claims require expert testimony and are not handled in small claims court.
Try instead: Circuit Court
Family law matters
Issues like divorce, child custody, and support are outside the scope of small claims court.
Try instead: Family Court
Probate matters
Disputes over wills and estates are handled by probate courts, not small claims courts.
Try instead: Probate Court
Claims against the federal government
Small claims courts do not have jurisdiction over cases involving federal entities.
Try instead: Federal Court
Class actions
Class action lawsuits are complex and not suitable for the simplified procedures of small claims court.
Try instead: Circuit Court
Injunctions and specific performance
Small claims courts cannot issue orders requiring someone to do or stop doing something.
Try instead: Circuit Court
Workers' compensation claims
Disputes over workers' compensation are handled by specialized boards, not small claims courts.
Try instead: Workers' Compensation Board
Bankruptcy matters
Bankruptcy cases are under federal jurisdiction and not handled by state small claims courts.
Try instead: Federal Bankruptcy Court
Mandatory arbitration disputes
Disputes subject to mandatory arbitration clauses are typically not eligible for small claims court.
Try instead: Arbitration
Suing a deceased person
Claims against deceased individuals must be filed against their estate in probate court.
Try instead: Probate Court
From owed to paid in 6 steps.
Send a demand letter
Required before filing. Oregon requires a bona fide effort to collect the claim before filing, typically through a demand letter.
Check your deadline
Every claim has a deadline by which you have to sue (the legal name is the “statute of limitations”). Miss it by a day and your case is dead.
The discovery rule applies to fraud claims, starting the clock when the fraud is discovered.
File your case
File at the Small Claims Department of the Circuit Court. Most cases go in the county where the defendant lives or where the dispute happened.
If you win, filing fees and reasonable service costs are added to the judgment.
E-filing in Oregon: E-filing availability varies by county; check with the local court for specific procedures.
Serve the defendant
The defendant has to receive official notice of the lawsuit (lawyers call this being “served”) at least 14 days before the hearing (in the same county) or 14 days (out of county). You can’t hand them the papers yourself.
Allowed methods
- Sheriff personal service. Sheriff or constable personally hands the papers to the defendant.
- Certified mail by clerk. Court clerk sends the documents via certified mail to the defendant.
- Private process server. A professional process server delivers the documents to the defendant.
File the proof of service () at least 7 days before the hearing.
What if you can’t find the defendant?
If the defendant cannot be located, service by publication may be permitted with court approval.
If the defendant is evading service, document attempts and seek court permission for alternative methods.
Show up to the hearing
Informal bench trial, typically lasting 30 minutes to an hour.
Lawyers at trial: Allowed. Attorneys are not allowed to represent parties in small claims hearings without the judge's permission.
When you’ll get the decision: On the spot or mailed within a few weeks.
What to bring
- Originals of any contracts
- Receipts and bank records
- Photos and videos
- Names and contact info for witnesses
If the defendant doesn’t show up
If the defendant fails to respond, the plaintiff can request a default judgment for the claimed amount.
You still have to prove your case. Even in default, the plaintiff may need to provide evidence to support the claim amount.
If you’re the defendant being sued
The defendant must file a written response within 14 days of service to avoid default judgment.
Counter-suing the plaintiff: Allowed using (Defendant's Counterclaim). Serve the plaintiff at least 14 days before trial (same county) or 14 days (out of county).
Counterclaim bigger than the cap? If the counterclaim exceeds $10,000, the case may be transferred to the regular civil docket. ORS 46.461
If you win, collect
This is where most people stop and lose. The court doesn’t collect for you. The loser has 30 days to pay. Judgments accrue 9% interest per year while unpaid.
Wage garnishment
Have a portion of debtor's wages withheld until the judgment is paid.
How it works
File a writ of garnishment with the court, serve the employer, and the employer withholds a portion of the debtor's wages to satisfy the judgment.
Cost: $50 plus service fees
Notes: Effective if the debtor is employed and earns above the exemption threshold.
What’s protected:
- 75% of disposable earnings or 40 times the federal minimum hourly wage per week, whichever is greater.
Bank account levy
Seize funds from debtor's bank account to satisfy the judgment.
How it works
Obtain a writ of garnishment, serve it on the debtor's bank, and the bank freezes and turns over funds to the court.
Cost: $50 plus service fees
Notes: Effective if the debtor has sufficient funds in the account; some funds may be exempt.
What’s protected:
- $2,500 in a single account is exempt from garnishment.
Property lien
Place a lien on debtor's real property to secure the judgment.
How it works
Record the judgment with the county recorder's office to create a lien on the debtor's real property, which must be satisfied upon sale or refinancing.
Cost: $20 recording fee
Notes: Effective if the debtor owns real property; may take time to realize payment.
What’s protected:
- Homestead exemption up to $40,000 for individuals, $50,000 for joint owners.
Writ of execution
Seize and sell debtor's personal property to satisfy the judgment.
How it works
Obtain a writ of execution from the court, have the sheriff seize the debtor's non-exempt personal property, and sell it at auction.
Cost: $50 plus sheriff's fees
Notes: Effective if the debtor owns valuable non-exempt personal property.
What’s protected:
- Household goods up to $3,000, vehicle up to $3,000, tools of trade up to $5,000.
Multiple creditors? Priority rules.
Priority among multiple judgment creditors is generally determined by the order of filing or recording the judgment.
Can you appeal if you lose?
Small claims judgments are final and not subject to appeal.
Local rules that matter.
State law sets the rules. Each county handles small claims a little differently.
Multnomah
- Mandatory mediation: Multnomah County requires mediation before proceeding to trial in small claims cases.
Coos
- Mediation options: Coos County offers mediation in person, by phone, or by video for small claims cases.
Douglas
- Mediation orientation: Douglas County schedules mediation orientation for all small claims cases.
Why cases get dismissed.
Failing to attempt pre-filing resolution
What goes wrong: The court may dismiss your case if you haven't made a bona fide effort to resolve the dispute before filing.
How to avoid it: Send a detailed demand letter and keep records of all communication attempts.
Incorrectly naming the defendant
What goes wrong: Suing the wrong party can result in dismissal or an unenforceable judgment.
How to avoid it: Verify the legal name and status of the defendant, especially for businesses, through the Oregon Secretary of State.
Missing the statute of limitations
What goes wrong: Filing after the deadline results in automatic dismissal of your case.
How to avoid it: Determine the applicable statute of limitations for your claim type and file within that period.
Improper service of process
What goes wrong: Improper service can delay your case or lead to dismissal.
How to avoid it: Follow Oregon's rules for serving documents, using authorized methods and ensuring proof of service is filed.
Not preparing sufficient evidence
What goes wrong: Lack of evidence can result in losing your case.
How to avoid it: Gather all relevant documents, photos, and witness statements to support your claim.
Ignoring post-judgment procedures
What goes wrong: Winning a judgment doesn't guarantee payment; you must take steps to collect.
How to avoid it: Familiarize yourself with collection methods like garnishment and liens, and act promptly to enforce the judgment.
Common questions.
Do I need a lawyer?
How long does it take?
What's the maximum I can sue for?
What happens if the defendant doesn't show up?
Can I appeal?
How long is a judgment good for?
Sources9 citations and statutes
- Oregon Judicial Department: Small Claims
- Oregon Circuit Court - Small Claims Information
- ORS 46.405 - Jurisdiction of small claims departmentORS 46.405
- Oregon Circuit Court Fee Schedule
- ORS 18.345 - Garnishment procedureORS 18.345
- ORS 646.608 - Unlawful trade practices (UDAP)ORS 646.608
- ORS 30.701 - Bad check civil penaltyORS 30.701
- ORS 90.300 - Security deposit; prepaid rentORS 90.300
- ORS 652.140 - Payment on termination of employmentORS 652.140
This is not legal advice. CivilCase is not a law firm. Court rules, fees, and statutes change. Verify against the cited authority before filing. Last researched and updated: April 28, 2026.