How do I file a small claims case in Oregon to get money someone owes me?
In Oregon, small claims actions start when a plaintiff files a claim form with the court clerk in the form the court requires and pays the filing fee. The claim must include the names and addresses, a plain statement of the claim with the amount and date, a statement that the plaintiff made a good faith effort to collect the debt, and an affidavit or declaration attesting to those statements. The court then issues a notice and serves the defendant according to the rules provided by statute.
Service depends on the amount claimed. If the claim is $50 or more, service follows the circuit court summons rules. For claims under $50, the plaintiff may use certified mail or the circuit court service rules. After service, the defendant generally has 30 days to respond either by paying, demanding a hearing, or demanding a jury trial in some cases.
Current Oregon law
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To start a small claims case, a plaintiff files a claim with the clerk in the court form and pays the fee, under Or. Rev. Stat. § 52.755 and Or. Rev. Stat. § 46.425. The claim must name parties, give a simple statement of the claim with amount and date, state a good faith effort to collect, and include an affidavit or declaration attesting to those facts, under Or. Rev. Stat. § 46.425. After filing, the court issues a notice and copies the claim for the defendant, and service method depends on the amount claimed: $50 or more uses circuit court service rules; under $50 may be served by circuit court rules or by certified mail at the plaintiff's option, under Or. Rev. Stat. § 52.770. The notice must tell the defendant that within 30 days they must pay, demand a hearing, or demand a jury trial where applicable, per Or. Rev. Stat. § 52.770. If the defendant admits or denies the claim, the statute explains settlement, hearing requests, counterclaims, and the right to request a jury trial for larger amounts, under Or. Rev. Stat. § 52.780 and the related provisions in Or. Rev. Stat. § 46.455.
What to do
A common first step is to complete the court’s small claims claim form and include the required affidavit or declaration, per Or. Rev. Stat. § 46.425.
A common next step is to file the claim with the court clerk and pay the filing fee so the court can issue the notice, under Or. Rev. Stat. § 52.755.
A common step is to use the permitted service method based on the amount claimed: circuit court service for $50 or more, or circuit court service or certified mail for claims under $50, under Or. Rev. Stat. § 52.770.
A common step is to gather and organize evidence (contracts, invoices, messages) to attach to the claim or bring to the hearing; courts provide forms and checklists for evidence.
A common step is to watch for the defendant’s response within 30 days and be prepared for settlement, a hearing, or other procedures described in Or. Rev. Stat. § 52.780.
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Common questions
How do I start a small claims case in Oregon?
A plaintiff files the court’s small claims form with the clerk, includes the required statement and affidavit or declaration, and pays the filing fee, under Or. Rev. Stat. § 52.755 and Or. Rev. Stat. § 46.425.
How is the defendant notified of the claim?
After filing, the court issues a notice and serves it with a copy of the claim. For claims $50 or more service follows circuit court summons rules; under $50 certified mail is an option, under Or. Rev. Stat. § 52.770.
What must I put in the claim form?
The claim must include names and addresses, a plain statement of the claim with amount and date, a statement that a good faith effort to collect was made, and an affidavit or declaration attesting to those facts, per Or. Rev. Stat. § 46.425.
What happens after the defendant is served?
The defendant generally has 30 days to pay, demand a hearing, or demand a jury trial where applicable; procedures for settlement, hearings, counterclaims, and jury demand are set out in Or. Rev. Stat. § 52.770 and Or. Rev. Stat. § 52.780.
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This page provides legal information about Oregon law, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
