Oregon Circuit and Justice Courts, Small Claims Divisions: An Overview

Filing a claim in Oregon's Circuit Court or Justice Court, the two courts handling small claims matters in Oregon, can be a straightforward and inexpensive way to settle a dispute. Although the procedures are more relaxed than in traditional courts, you still must follow the rules to prevail.

Below are answers to some common questions about Oregon's small claims process. You'll learn about dollar limits, preparing and presenting your case, appealing a small claims decision, and collecting a money judgment. You'll also find links to additional small claims resources.

How Does Oregon Small Claims Court Work?

A small claims case starts by filing a claim with the Oregon Circuit or Justice Court. You'll serve a copy of the claim and court date on the "defendant," the person or company you're suing.

To prevail at the trial, you must present evidence supporting your case. The defendant will also have the opportunity to present a defense in response. A defendant who files a counterclaim against you must submit evidence proving you owe the defendant money. You'll have an opportunity to defend yourself against the counterclaim.

After hearing each side's argument and evaluating the evidence, the judge or justice of the peace will issue a money judgment to the person proving they're entitled to an award. Receiving a money judgment is very powerful because it allows a creditor to collect using property liens, wage garnishments, bank account levies, and property seizures.

What's the Small Claims Court Limit in the Oregon Circuit and Justice Courts?

You can ask for up to $10,000 in a small claims action in the Oregon Circuit and Justice Courts. Plaintiffs with claims exceeding the limit can use small claims court if they're willing to accept the $10,000 maximum. Otherwise, they must file in a higher court. Plaintiffs with claims worth $750 or less must use small claims court. (Or. Rev. Stat. §§ 46.405, 55.011 (2025).)

Can a Landlord Bring an Eviction Lawsuit in an Oregon Small Claims Court?

Evictions aren't heard in the small claims division of Oregon Circuit and Justice Courts. However, it is an excellent forum for other types of cases brought in small claims courts, such as property damage cases and breach of contract disputes.

Which Oregon Circuit or Justice Court Should I File My Small Claims Action in?

Oregon has many Circuit and Justice Courts, but you can't always pick the most convenient location. You must choose the proper court location or venue. Otherwise, the defendant can ask the court to transfer or dismiss your action.

In Oregon, you can file in the county where:

• the defendant resides or can be found at the time you file the claim
• the injury or damage occurred, or
• the contract or obligation was to be performed.

(Or. Rev. Stat. § 46.560 (2025).)

You can use the Oregon Secretary of State's business search tool to find company information. You might have other options, depending on your case. Most courts post venue rules on the court website.

How Much Time Do I Have to File a Case in Small Claims Court in Oregon?

You don't have an unlimited amount of time to file a lawsuit. You'll have to bring it within the statute of limitations period for the case type. But pinning down how much time you have to file isn't always as simple as reading the statute of limitations.

The time can stop and restart depending on various circumstances, and figuring out when it expires can be challenging. The process is known as "tolling" the statute of limitations, and it happens when a plaintiff or defendant is unavailable for a lawsuit. For instance, a personal injury statute typically won't begin running on a minor's injury until the child reaches 18 years of age and can sue without the help of a guardian. Learn more about calculating the statute of limitations and whether it's too late to sue.

Can an Attorney Represent a Small Claims Claimant in Oregon Circuit and Justice Courts?

Generally, no. Parties in small claims court can't have a lawyer present without permission from the judge. (Or. Rev. Stat. §§ 46.415, 55.090 (2025).)

However, small claims court is more relaxed and easier to navigate than higher courts, and most people are comfortable pursuing claims "in pro per," or without counsel.

Does the Defendant Need to Answer the Small Claims Complaint?

Yes, the defendant must respond to the complaint within 14 days of service to avoid an automatic loss and default judgment. The defendant must do one of the following:

• pay the claim (plus court fees and costs)
• deny the claim, demand a hearing, and file a counterclaim (if any), or
• deny the claim, file a counterclaim (if any), and demand a jury trial (if the claim or counterclaim is worth more than $750).

(Or. Rev. Stat. §§ 46.445, 46.455, 46.461, 55.045, 55.065, 55.095 (2025).)

As you can see, the rules can get pretty complicated. If you're uncertain about the deadlines for responding to a claim or filing a counterclaim, check with a qualified local attorney.

Will I Have a Judge or Jury Trial in Small Claims Court in Oregon?

A judge or justice of the peace will hear your case at the Circuit and Justice Court small claims hearing. Jury trials aren't allowed in Oregon small claims cases. A defendant who wants a jury trial can ask the court to transfer the case if the claim is worth more than $750. You must request a jury and pay any required jury fees before the deadline to avoid losing your right to a jury trial. (Or. Rev. Stat. §§ 46.415, 46.455, 55.065, 55.095 (2025).)

How to Prepare and Present an Oregon Circuit or Justice Court Case

You'll want to explain what happened and present evidence supporting your version of the events and the amount of money lost.

What Do I Need to Prove in My Small Claims Case?

It will depend on the type of case. In most instances, you'll need to prove that the person you're suing harmed you and the amount of money it will take to right the situation. Research the "elements" of your case type to determine exactly what you must prove.

Tip. One of the most important things people forget to do is prove how much they're out of pocket. For instance, you'll likely provide medical bills if you were injured and repair estimates if you suffered property damage. Make sure you can prove how much it will take to fix the problem.

What Type of Evidence Should I Present in Small Claims Court?

If you're suing someone who didn't comply with a written contract, you'll need copies of the contract and any correspondence exchanged. You might also want to present photos of shoddy work or damaged property. (Learn about gathering evidence in support of your small claims case.)

How Should I Organize My Small Claims Presentation?

After providing the judge with a short case description, you'll likely present the facts chronologically. If you're afraid you'll forget something or are worried you'll ramble on, write out your presentation and read it when it's your turn. However, you'll likely make a better impression if you speak naturally, using a bullet point list for reference when needed. Either way, practicing beforehand is the key to a polished presentation.

Also, it's best to cover each point concisely yet fully, with as little emotion as possible. You'll also want to avoid jumping in if the other side says something incorrect. Instead, make a note and address it when it is your turn to speak.

After the Decision: Collecting the Judgment and the Appeals Process

The court might announce the winner immediately after the trial, but it's more likely that you'll find out who prevailed by mail. Your next steps will depend on whether you win or lose.

Will the Court Collect My Judgment for Me?

No. You'll be responsible for all collection efforts. Before pursuing a small claims court case, you'll want to evaluate whether the defendant has assets you can seize after winning the case. A debtor with nothing you can take is called "judgment proof," and pursuing an action won't make sense unless the debtor acquires property and income in the future.

Learn more about determining whether you can collect before suing in small claims court.

Can State Exemption Laws Stop Me From Seizing the Defendant's Property?

Yes. Every state allows debtors to protect essential property from creditors, such as household goods, a percentage of income, and some equity in a car and home, although the specific property protected varies greatly. You'll find these protections in your state's exemption statutes. In most states, the same exemptions protect assets from creditors in and outside bankruptcy.

Learn more about why you shouldn't sue unless you can collect the judgment.

Can I Appeal an Oregon Circuit and Justice Court Decision?

Decisions in Circuit Court cases are final and aren't appealable. (Or. Rev. Stat. § 46.485 (2025).)

In the Justice Court, though, a defendant can appeal a plaintiff's case, and a plaintiff can appeal a defendant's counterclaim. You'll have to file your appeal within ten days of the entry of judgment. (Or. Rev. Stat. § 55.110 (2025).) In many small claims courts, the clerk sends a notification of the entry judgment by mail, but the procedure used by your court could be different. You must comply with this and other rules, so do your research and count the dates accurately, or talk with a local attorney.

More Information on Oregon Small Claims Court

Most courts include filing instructions on the court website or provide self-help services. Try the Oregon Judicial Branch Small Claims Form Center or the Oregon Law Help's Small Claims Court Center for additional resources.

You can also visit Oregon State Legislature's website to read Oregon's small claims court laws. See, especially, Or. Rev. Stat. §§ 46.405 to 46.570; 55.011 to 55.140.

For detailed help with case filing, court strategy, and collecting a money judgment, see Everybody's Guide to Small Claims Court by Attorney Cara O'Neill (Nolo). And Nolo's small claims homepage is a great place to start if you have other questions.

After reading through all of those resources, you might decide that you'd like to speak to an attorney. An experienced local lawyer can answer your questions, walk you through your options, and help you decide on a way forward with your case.