Oregon Small Claims Court (2026): Limit, Fees and How to File
How small claims court works in Oregon: the dollar limit, filing fees, serving the other side, the hearing, appeals and collecting your money — each answer linked to the court rule or statute.
Quick answers for Oregon
- Small claims limit
- $10,000 (including the value of any property claimed). Claims of $750 or less must be filed in small claims (unless a statute allows attorney fees); claims over $750 up to $10,000 may be filed in small claims or the regular civil department. ORS 46.405(2)-(5)
- Filing fee
- $57 if the amount claimed is $2,500 or less; $102 if more than $2,500. The defendant pays the same fee schedule when requesting a hearing. A fee deferral or waiver can be requested. ORS 46.570
- Are lawyers allowed?
- Only with the judge's consent. Businesses and public bodies may appear without an attorney, and one spouse may appear for both with written consent. ORS 46.415(4), (5), (7)
- Appeals
- No appeal. A small claims judgment is final and conclusive. ORS 46.485(4)
Court: Circuit Court, Small Claims Department. Last verified: 2026-10-24.
How to file a small claims case in Oregon
- Try in good faith to collect from the other party before filing; you must state under oath that you did.
- Complete the Small Claim and Notice of Small Claim form (on paper or with OJD Guide & File), itemizing the amount you claim up to $10,000.
- File in the circuit court for the county where the defendant lives or can be found, where the damage occurred, or where the contract was to be performed, and pay the $57 or $102 fee (or ask for a fee deferral or waiver).
- Serve the defendant by acceptance of service, personal, substituted or office service, or certified restricted-delivery mail, and file proof of service within 63 days.
- The defendant has 30 days to pay, deny the claim and request a hearing, or (for claims over $750) demand a jury trial; if there is no response, request a default judgment within 51 days of filing proof of service.
- If a hearing is set, attend any mediation the court schedules and bring itemized evidence and witnesses to trial; lawyers may appear only with the judge's permission.
- There is no appeal; if you win and are not paid, send a demand letter by certified mail and then use the court's collection options.
Can you use small claims court?
| Small claims limit | $10,000 (including the value of any property claimed). Claims of $750 or less must be filed in small claims (unless a statute allows attorney fees); claims over $750 up to $10,000 may be filed in small claims or the regular civil department. Source: ORS 46.405(2)-(5) |
|---|---|
| Who can file | Individuals, businesses and public bodies may file. Assignees may bring assigned claims, but debt buyers and debt collectors must meet UTCR 5.180(2) and ORS 646A.670 requirements. Class actions and actions between adults in custody are not allowed. The plaintiff must make a good-faith effort to collect before filing and say so under oath on the claim. Debt-buyer requirements: https://www.courts.oregon.gov/forms/Documents/SC-INSTR-plntf.pdf Source: ORS 46.405(4), 46.415(6), 46.425 |
| Are lawyers allowed? | Only with the judge's consent. Businesses and public bodies may appear without an attorney, and one spouse may appear for both with written consent. Source: ORS 46.415(4), (5), (7) |
Filing your case
| Where to file | The county where a defendant lives or can be found; for injury or damage claims, also where it occurred; for contract claims, also the county where the defendant was supposed to perform. Source: ORS 46.560 |
|---|---|
| Official forms | Oregon's statewide small claims form to start a case is the Small Claim and Notice of Small Claim (form 05-01), available from the Oregon Judicial Department Forms Center. Forms from the Forms Center are accepted in all circuit courts. Small claims complaints can also be prepared free through OJD iForms on Guide & File, which can be filed online with the fee paid by card. Debt buyers and their collectors must also file a consumer debt disclosure form. Form PDF: https://www.courts.oregon.gov/forms/Documents/SC_SmallClaimAndNoticeOfSmallClaim.pdf; Guide & File: https://www.courts.oregon.gov/services/online/Pages/iforms.aspx |
| Filing fee | $57 if the amount claimed is $2,500 or less; $102 if more than $2,500. The defendant pays the same fee schedule when requesting a hearing. A fee deferral or waiver can be requested. Fees are adjusted by the Legislature from time to time; check the court's current fee schedule before filing. Source: ORS 46.570 |
| Filing online | Yes. OJD Guide & File, a free online interview, prepares small claims complaints and responses and lets you submit them to the court online (or print and file in person or by mail). Source: OJD Guide & File |
| Serving the defendant | The plaintiff arranges service: the defendant may sign an Acceptance of Service, or the plaintiff may use personal service (sheriff, private process server, or a competent non-party adult), substituted service at the defendant's home, office service, or certified mail, return receipt requested, restricted delivery. Proof of service must be filed within 63 days of filing or the case may be dismissed. Service fees are paid separately to the server. |
Before and at the hearing
| When the hearing happens | No fixed statewide timeline; after the defendant files a response, the clerk sets the hearing and mails notice to the parties. A party who cannot attend must give a good reason in writing at least 14 days before the hearing. |
|---|---|
| Does the defendant file an answer? | Yes. Within 30 days after service, the defendant must pay the claim (plus fees and service costs), or file a response denying the claim and demanding a hearing (paying the defendant's fee), or demand a jury trial if eligible. If the defendant does nothing, the plaintiff may seek a default judgment, which must be requested within 51 days after proof of service is filed. Source: ORS 46.455, 46.475 |
| Counterclaims | A counterclaim must arise from the same transaction or occurrence. A counterclaim over $10,000 is struck unless the defendant moves to transfer the case to the regular circuit court docket. Source: ORS 46.461 |
| Mediation | Many courts have small claims mediation programs, and some require mediation before a judge hears the case. If the defendant denies the claim or counterclaims, the court may schedule mediation. Mediation is confidential, and a mediated agreement is enforceable once a judgment is entered. |
| Jury trial | Only the defendant may demand a jury, and only if the claim exceeds $750 (including interest, fees and costs). The demand moves the case out of small claims: the plaintiff must file a formal complaint within 20 days after notice. A defendant who demands a jury and loses may owe the plaintiff reasonable attorney fees of up to $1,000, unless a contract or statute provides otherwise. Source: ORS 46.455, 46.465 |
| Interpreters | Free foreign-language interpreters are provided for limited English proficient parties, witnesses and victims in civil cases. Request one with the online Court Interpreter Request Form as soon as possible and no later than four judicial days before the hearing (Multnomah County requests go to that county's language access office). |
After the decision
| Appeals | No appeal. A small claims judgment is final and conclusive. Source: ORS 46.485(4) |
|---|---|
| Collecting your judgment | The judgment is a circuit court judgment. The winner must first send the debtor a written demand for payment by certified mail, return receipt requested; if still unpaid, other court collection options are available. Judgments of $3,000 or more become a lien when they meet ORS chapter 18 requirements; for judgments of $10 to under $3,000, a lien arises only if the creditor pays a fee and asks the clerk to note it. No attachment may issue in small claims. Demand-letter step: https://www.courts.oregon.gov/forms/Documents/SC-INSTR-plntf.pdf |
Deadline to sue
6 years for an action on a contract or liability, express or implied — the same period applies to written and oral leases. ORS 12.080(1)
Official forms and help
Suing a landlord or tenant in Oregon
Oregon small claims is commonly used by tenants seeking security deposit refunds and by landlords seeking unpaid rent or damage costs up to $10,000. Claims must be itemized and proven; written repair estimates may be appropriate for damage claims.
- Oregon security deposit demand letter (send before you sue)
- Oregon security deposit law
- Tenant lawyers and free legal aid in Oregon
Oregon small claims FAQ
What is the small claims limit in Oregon?
$10,000 (including the value of any property claimed). Claims of $750 or less must be filed in small claims (unless a statute allows attorney fees); claims over $750 up to $10,000 may be filed in small claims or the regular civil department.
Who can file a small claims case in Oregon?
Individuals, businesses and public bodies may file. Assignees may bring assigned claims, but debt buyers and debt collectors must meet UTCR 5.180(2) and ORS 646A.670 requirements. Class actions and actions between adults in custody are not allowed. The plaintiff must make a good-faith effort to collect before filing and say so under oath on the claim.
Can you bring a lawyer to small claims court in Oregon?
Only with the judge's consent. Businesses and public bodies may appear without an attorney, and one spouse may appear for both with written consent.
Where do I file a small claims case in Oregon?
The county where a defendant lives or can be found; for injury or damage claims, also where it occurred; for contract claims, also the county where the defendant was supposed to perform.
How much does it cost to file in small claims court in Oregon?
$57 if the amount claimed is $2,500 or less; $102 if more than $2,500. The defendant pays the same fee schedule when requesting a hearing. A fee deferral or waiver can be requested.
How do I serve the other side in a Oregon small claims case?
The plaintiff arranges service: the defendant may sign an Acceptance of Service, or the plaintiff may use personal service (sheriff, private process server, or a competent non-party adult), substituted service at the defendant's home, office service, or certified mail, return receipt requested, restricted delivery. Proof of service must be filed within 63 days of filing or the case may be dismissed. Service fees are paid separately to the server.
How long does a small claims case take in Oregon?
No fixed statewide timeline; after the defendant files a response, the clerk sets the hearing and mails notice to the parties. A party who cannot attend must give a good reason in writing at least 14 days before the hearing.
Does a defendant have to file an answer in Oregon small claims court?
Yes. Within 30 days after service, the defendant must pay the claim (plus fees and service costs), or file a response denying the claim and demanding a hearing (paying the defendant's fee), or demand a jury trial if eligible. If the defendant does nothing, the plaintiff may seek a default judgment, which must be requested within 51 days after proof of service is filed.
Can the defendant file a counterclaim in Oregon small claims court?
A counterclaim must arise from the same transaction or occurrence. A counterclaim over $10,000 is struck unless the defendant moves to transfer the case to the regular circuit court docket.
Is there a jury in Oregon small claims court?
Only the defendant may demand a jury, and only if the claim exceeds $750 (including interest, fees and costs). The demand moves the case out of small claims: the plaintiff must file a formal complaint within 20 days after notice. A defendant who demands a jury and loses may owe the plaintiff reasonable attorney fees of up to $1,000, unless a contract or statute provides otherwise.
Can you appeal a small claims decision in Oregon?
No appeal. A small claims judgment is final and conclusive.
How do I collect a small claims judgment in Oregon?
The judgment is a circuit court judgment. The winner must first send the debtor a written demand for payment by certified mail, return receipt requested; if still unpaid, other court collection options are available. Judgments of $3,000 or more become a lien when they meet ORS chapter 18 requirements; for judgments of $10 to under $3,000, a lien arises only if the creditor pays a fee and asks the clerk to note it. No attachment may issue in small claims.
Is mediation required in Oregon small claims court?
Many courts have small claims mediation programs, and some require mediation before a judge hears the case. If the defendant denies the claim or counterclaims, the court may schedule mediation. Mediation is confidential, and a mediated agreement is enforceable once a judgment is entered.
Can I file a small claims case online in Oregon?
Yes. OJD Guide & File, a free online interview, prepares small claims complaints and responses and lets you submit them to the court online (or print and file in person or by mail).
Can I get an interpreter in Oregon small claims court?
Free foreign-language interpreters are provided for limited English proficient parties, witnesses and victims in civil cases. Request one with the online Court Interpreter Request Form as soon as possible and no later than four judicial days before the hearing (Multnomah County requests go to that county's language access office).
Where can I get small claims court forms in Oregon?
Oregon's statewide small claims form to start a case is the Small Claim and Notice of Small Claim (form 05-01), available from the Oregon Judicial Department Forms Center. Forms from the Forms Center are accepted in all circuit courts. Small claims complaints can also be prepared free through OJD iForms on Guide & File, which can be filed online with the fee paid by card. Debt buyers and their collectors must also file a consumer debt disclosure form.
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