| | | |
| | | What is Small Claims Court? | |
| | | | This is a court designed especially for suits of $5,000.00 or less. Small Claims Court is a simplified court where the ordinary citizen, with no legal training, can bring claims and have them resolved quickly and inexpensively. Small Claims Court has been simplified to the point that a lawyer is not necessary and in Oregon, attorneys are not allowed unless the judge of the court has consented. The purpose of small claims court is to "dispense justice promptly and economically between the litigants."
Anyone can sue or be sued in a Small Claims Court and almost any kind of case where people are suing for money or recovery of personal property can be heard in Small Claims Court. Common types of claims involve failure to repay a loan, fix a car or appliance properly. In addition, a tenant may sue to get the security deposit back from his or her landlord. | |
| | | | |
| | | | |
|
| | | What is an Affidavit? | |
| | | | An affidavit is a formal sworn statement of fact, written down, signed, and witnessed (as to the veracity of the signature) by a taker of oaths, such as a notary public. The name is Medieval Latin for "he has declared upon oath". | |
|
| | | What is a Claim? | |
| | | | A Claim is an assertion of a right (as to money or property); "his claim asked for damages". A Claim is asserting a right in court that is the result of certain occurrences or facts which give rise to an action enforceable at law. | |
|
| | | What is an Circuit Court? | |
| | | | Circuit courts previously were United States federal courts established in each federal judicial district. The old United States circuit courts exercised both original and appellate jurisdiction. They existed from 1789 to 1912. The original jurisdiction formerly exercised by the United States circuit courts is now exercised by the United States district courts, and their appellate jurisdiction is now exercised by the United States courts of appeals. Each of Oregon's 36 counties has a circuit court though some courts service more than one county. Oregon has 36 counties 27 judicial districts. Most judicial districts contain only one county. Several have two or more counties. To view a list of all 27 Judicial Districts in Oregon please click HERE. | |
|
| | | What is a Defendant? | |
| | | | A person or institution against whom an action is brought in a court of law; the person being sued or accused. | |
|
| | | What is an Notary [Notary Public]? | |
| | | | A Notary, or Notary Public, is a public officer whose function it is to administer oaths; to attest and certify, certain classes of documents; to take acknowledgments, and certify the same. | |
|
| | | What is a Plaintiff? | |
| | | | A plaintiff, also known as a claimant, or a complainant is the party who initiates a lawsuit (also known as an action) before a court. By doing so, the plaintiff seeks a legal remedy, and if successful, the court will issue judgment in favour of the plaintiff and make the appropriate court order (eg. an order for damages). | |
|
| | | What if I have questions about Small Claims or how to file? | |
| | | | Portland PS Inc understands if you have questions, and we are here to help you. Several sources of information are available to assist in answering your questions. Here are answers to the most frequently asked questions about Small Claims.
| |
| | | Are there any tools that will help me file a small claim in Oregon? | |
| | | | Yes there are. Portland PS Inc has created a Microsoft Word document that will help you file your Small Claims case in the State of Oregon.
Using an example of the CIRCUIT COURT OF THE STATE OF OREGON form that you will fill out when filing your case this step-by-step lists what you need to fill out on the small claims filing form. | |
| | | | | |
| | |
The links below are Court approved forms for some circumstances, but not all. You may need a lawyer to draft some forms, or you can also locate them through local office products retailers or web publishers.
While you may file a case without the assistance of an attorney, you may risk losing some rights, depending on your circumstances. If you need assistance locating an attorney, many options are available to you.
Notice to the Other Party
Before you file a form with the court, check the legal requirements for notice (or service) to the other party. In most cases, the other party will have to be legally served with the papers before the court will take any action on your case.
Please Note: The forms and documents listed on this page are for instructional purposes only. To obtain the correct fee schedule please contact your local Circuit Court clerk.
The files below require Adobe Acrobat Reader. Acrobat Reader is a free installation. If you need to install Adobe Acrobat you can do so by clicking here.
Small Claims forms for Plaintiff:
Small Claims forms for Defendant:
Small Claims, additional Forms:
| |
