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What
is Small Claims Court? |
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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. |
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What
is an Affidavit? |
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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". |
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What
is a Claim? |
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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. |
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What
is an Circuit Court? |
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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. |
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What
is a Defendant? |
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A
person or institution against whom an action is brought
in a court of law; the person being sued or accused. |
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What
is an Notary [Notary Public]? |
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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. |
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What
is a Plaintiff? |
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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).
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What
if I have questions about Small Claims or how to file? |
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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.
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Are
there any tools that will help me file a small claim
in Oregon? |
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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. |
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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:
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