All states › Oregon › How to file
Oregon · Filing guide · Small Claims Department of the Circuit Court

How to file a small claims case in Oregon, step by step

Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.

0 of 0 steps done

Before you file

1–3 weeks before filing

You must make a good faith effort to collect before you file, and your claim form must say you did. A demand letter is the usual way.

Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.

In Oregon you can sue for up to $10,000 in the Small Claims Department of the Circuit Court.

Run the 60-second case check to see the last day you can file.

  • Your full name, address and phone
  • The defendant's exact legal name and a street address where they can be served
  • For a business: its registered name and registered agent
  • An itemized list of what you're owed, with each cost listed separately
  • A short plain description of what happened
  • How you tried to collect before filing

Use the company's exact legal name and serve its registered agent.

Search: Oregon Secretary of State Business Registry.

  • The contract, lease, invoice or receipt
  • Photos of the damage, dated if possible
  • Texts, emails and letters with the other side
  • Two written repair estimates or proof of what you paid
  • Your demand letter and proof it was sent
  • Names and contact details of any witnesses

Fill in the claim

1–2 evenings

Small Claim and Notice of Small Claim: Small Claim and Notice of Small Claim. Get the form.

  • Who: you and the defendant, with full legal names and addresses
  • What: the agreement or event, in 2–4 plain sentences
  • When: the date it happened
  • How much: the exact amount (no more than $10,000) and how you calculated it
  • What you did: when you asked for payment and their response

Sign the claim under penalty of perjury, including the statement that you tried to collect first; no notary is needed.

Bring the original and one copy for each defendant, plus one for yourself.

File and pay

Filing day

Choose how you'll file:

OnlineStatewideThe free interactive Small Claims iForm fills out your papers and lets you pay and file online. A fee waiver request must be filed in person or by mail. OJD iForms (Guide & File)
In personFile the Small Claim and Notice of Small Claim with the circuit court clerk in the right county and pay the fee.
By mailOregon courts accept filings by mail; include the fee by check or money order payable to the State of Oregon.

File in the circuit court of the county where the defendant lives, where the injury or problem happened, or where the contract was to be carried out. Don't file in city or municipal court.

$57 for claims of $2,500 or less and $102 for claims over $2,500. The defendant pays the same amount to ask for a hearing. Service costs extra. Can't afford it? Ask for a fee waiver: Fee Deferral or Waiver Application and Declaration.

The court gives you a case number. You then serve the defendant and file proof of service; in Multnomah County this must be within 63 days or the case can be dismissed.

Serve the defendant

Right after filing

Use the sheriff, a process server, or an adult Oregon resident who isn't part of the case. You can also use certified mail with restricted delivery, but only if the defendant signs the green card. If you sue a state agency, also serve the Attorney General.

After being served, the defendant has 30 days to pay, ask for a hearing, or ask for a jury trial.

Certificate of Service

The person who served the papers fills out the Certificate of Service, and you file it with the court. For certified mail, file the signed green card too.

Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.

Before the hearing

1–4 weeks before

Within 30 days the defendant can pay you, ask for a hearing, or ask for a jury trial if the claim is over $750, each in writing with a fee. A counterclaim must be about the same event.

If you settle, file a dismissal or a Satisfaction of Judgment so the court closes the case.

Get any settlement in writing, signed by both sides, with the amount and payment date.

A witness who saw what happened is stronger than a written statement; some judges won't accept letters.

Ask the court clerk how to subpoena a witness who won't come voluntarily.

  • Three copies of every document: for you, the judge and the defendant
  • A one-page timeline of what happened, with dates
  • A short sheet showing how you calculated the amount
  • Photos printed or ready on your phone (ask the clerk if screens are allowed)

The hearing

Hearing day

  • Some courts hold mediation first; bring your evidence to it
  • Bring originals and copies of receipts, photos, contracts and estimates
  • Bring your witnesses
  • Turn your phone off, not just to silent
  • You can't record the hearing without the judge's permission

What to say, in about two minutes
  1. Who you are and what you're asking for: the amount.
  2. What the agreement or situation was.
  3. What went wrong, with dates.
  4. What it cost you and how you calculated it, showing your documents.
  5. That you asked for payment and what they said.

Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.

If the defendant doesn't respond in 30 days, you can ask for a default judgment. If you can't come to a hearing, tell the court in writing at least 14 days before.

After the judgment

Weeks to months

Neither side can appeal. The judge's decision is final.

The court doesn't collect for you. If they don't pay, you can use a writ of garnishment on wages or a bank account, or ask the court to order the debtor to come in and answer questions about their assets.

Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.

Free help in Oregon

OregonLawHelp: Small claims court

Ready to start? Check your case and create your demand letter.

Check my caseDemand letter