This document was produced and distributed by the
Oregon State Bar courtesy of Oregon's lawyers. It is based
on Oregon law and is issued to inform, not to advise. It
is not intended to apply to any specific situation.
What is small claims court?
Sometimes called "the people's court," small claims
court is for cases involving claims of less than $5,000.
Cases can be decided quickly and economically in small claims
court where hearings are informal and you do not need a
lawyer. In fact, you must have special permission from the
judge to bring a lawyer with you to small claims court.
What types of cases
are heard?
Small claims court is for all claims for money or the recovery
of personal property valued at under $750. Small claims
court also can be used for the same kinds of claims valued
at from $750 to $5000 by people who do not want to use a
lawyer and who want to get their case heard relatively quickly.
Class action suits and actions that call for statutory attorney
fees cannot be heard in small claims court.
What can be won
in small claims court?
Small claims court can only award money (up to $5,000 plus
court costs) and/or the recovery of personal property. You
cannot ask the court to order the defendant to do anything,
or to refrain from doing something. If you need an order
to make someone do something or to stop doing something,
other courts are available.
How do I file a
lawsuit?
Before you sue, try to settle your dispute. When you file
your claim with the court, you will be asked to sign a sworn
statement called an affidavit stating that you have made
a genuine effort to collect on the claim. You can try to
settle by phone or in writing. Make sure your offer is simple,
clear and unemotional. Remember that all written communications
can be used later in the courtroom if necessary.
If you have exhausted all reasonable steps
to settle the dispute out of court, and you have determined
whom you are going to sue and where to file your suit, it
is time to prepare everything you need to bring to your
lawsuit in small claims court. You should collect all the
information that will be needed before you go to the courthouse.
Otherwise, you will waste time going back and forth to complete
the process. Collect your records, including copies of contracts
and agreements. You will also need the following information:
a)
your complete name and address;
b)
the complete name and address of each person or business
your claim is against. Correct names and addresses are vital
to your case because the court cannot grant a judgment against
a defendant who is improperly named in the complaint. If
the defendant is a business, call the Oregon Secretary of
State's office, Corporation Division (503) 986-2200 and
ask for the Business Information Center to see if the business
is registered. If it is, get the correct title of the business
and the name and address of its registered agent. The proper
person to serve is the registered agent, officer, director,
general partner, or managing agent of the corporation. If
the business is a partnership, you should name all partners
individually and the partnership by its correct legal name.
If the business is a sole proprietorship, you should find
out both the name under which the business is operated and
the name and address of the owner. You can find this information
by going to the Assumed Names Department at the County Clerk's
office.
c)
the amount you intend to claim in damages (this amount must
be $5,000 or less);
d)
a simple and concise statement of the basis for your claim,
including the date the claim arose, and any other relevant
date; and
e)
filing fees.
Once you are prepared, you can begin your
suit by visiting the Small Claims Department at the courthouse.
The courthouse clerk will give you the appropriate forms
to file your claim and can help you with limited information.
However, he or she cannot give you legal advice.
You will be asked to swear under oath that
your small claims statement is true. You will also have
to pay the necessary filing fees. If you want a jury trial
you must pay an additional fee. These fees generally must
be paid in cash, money order or company check. Most courts
do not accept personal checks. All of these costs may be
added to the amount you recover at trial, if you win.
Where do I go to
file the lawsuit?
If there is a tort (accident claim), you may file in the
county where the accident took place or the opposing party's
resident county. If the dispute is service or purchase related,
you may file in the county where the service or purchase
took place (or did not take place), or the county where
the business in question is physically located.
Under some circumstances, more than one
court can be used. For example, if the defendant lives in
one county, but contracted to perform services in another
county, you can select either county as the place to file
your lawsuit.
Can my lawyer help
me with my case?
Certainly. Your lawyer can help you get ready for your small
claims court case, organize your evidence for you and advise
you on what to say. If you win, a lawyer can also advise
you on how to collect your judgment.
What will it cost
me to file a claim?
Costs vary from county to county. You will have to pay a
filing fee of $50-$100, depending on the value of your claim
and the court in which you file. If you are the defendant
and want to contest a claim in small claims court, you will
have to pay approximately $40-$60 to do so.
How will the defendant
know I have filed?
The claim and notice of your suit must be served on (delivered
to) the defendant. The court will give you information on
how the notice may be served.
What do I do next?
Call the court clerk after two weeks to find out if and
when the defendant was served. Knowing the exact date of
service is important because in most courts it will be used
to calculate the trial date. Always verify the trial date
with the court clerk and be at the courthouse early - you
may need time to park and find the room where your case
will be heard. Remember this date and be in court on time.
What must the defendant
do?
Within 14 days after receiving the notice of your claim,
the defendant must do one of three things:
1)
The defendant can acknowledge your claim as valid and pay
the clerk of the court the amount of the claim, or provide
delivery of the disputed property, plus any filing fees
and expenses paid by the plaintiff.
If the defendant pays or otherwise satisfies
the claim, you must provide him or her with proof of the
payment. Then, the defendant must mail proof of payment
to the court.
2)
The defendant may ask for a hearing and/or assert a counterclaim
against you. If the defendant's opposing claim is more than
$5,000 however, the case would then have to be heard in
a circuit court.
If the defendant requests a hearing, the
clerk will notify you (the plaintiff) and the defendant
by mail of the time and place set for the hearing. If the
trial date is not convenient, either party may request a
postponement. The request must be in writing and received
by the court at least seven days before the hearing. If
you do not appear in court at the time set for the hearing,
your suit will be dismissed, and you cannot file it again.
3)
If the amount against the defendant is greater than $750,
he or she may request a jury trial.
If the defendant requests a jury trial,
the clerk will notify you by mail as to what you must do
next. If the court has a mandatory arbitration program,
the clerk will inform you about the arbitration rules and
fees. If the court does not have a mandatory arbitration
program, you must file a written formal complaint form within
20 days of the request for a jury trial. If this happens,
you will almost certainly need a lawyer. Your case will
then proceed like any other regular lawsuit in the Circuit
Court. Additional filing fees will be required at the time
you file the formal complaint. If you do not file the complaint
within 20 days, the action will be dismissed by the court.
What if the defendant
fails to respond?
If the defendant does not respond to your claim filed in
the small claims department, you should fill out a Request
for Default Judgment form. Once you submit the form, the
court clerk will enter a judgment against the defendant
for the amount you are asking in your suit plus your court
costs.
Your claim will be dismissed in 90 days if the defendant
does not appear and you have not filed the Request for Default
Judgment. It is your responsibility to check with the clerk
every two weeks after the notice is served to see if the
other party has filed a response.
What happens in
court?
Many judges will first present the opportunity for mediation.
Mediation is a process in which a trained, neutral mediator
facilitates communication between opposing parties in an
attempt to reach agreement. If you and the defendant agree
to mediation, a volunteer mediator will meet with you privately
in a separate room.
If you do not reach an agreement or do not
wish to mediate, the judge will hear each side. This is
called a hearing. Both the mediation and the hearing will
take place on the same day. You should allow two to three
hours for the entire process.
If you have a hearing, you should bring
any witnesses you have. You should also bring any pictures,
diagrams, account books, bills, receipts, contracts, notes,
dishonored checks or any other evidence that will help the
judge. Whatever you present in court will be all the judge
knows about your case. If your case is complicated, it may
help to give the judge a written summary of your position.
The judge will examine the evidence and question the parties
and their witnesses before making a decision. The decision
or judgment may be announced then or later.
What happens during
the hearing?
Usually, the court will go through a docket call. Answer
when your case is called. Most judges will briefly explain
the procedure to be used in your trial. If you are confused
about anything he or she says, or if you have other questions,
do not be afraid to ask the judge. When the trial begins,
the judge will ask you and your witnesses to swear to tell
the truth. The judge will also swear in the defendant.
If you are the plaintiff, you will have
the first chance to tell your story. Go through the statement
you have prepared. Ask the judge if you may call on your
witnesses, and present any documents or photos. After you
and your witnesses have told the judge your story, the defendant
will have a chance to tell his or her story.
After the judge has heard the facts from
both sides, including witnesses, and everyone has asked
all their questions, the judge will decide who wins the
case and the amount, if any, the winner should receive.
If the judge wants more time to think about the case, he
or she will tell you when you can expect a decision.
What happens after
a decision is made?
When the judge makes a decision, he or she will fill out
a judgment form identifying the winning party and their
award. The losing party is then expected to pay the sum
lost or deliver the necessary property as directed.
