(1) Except as
provided in subsection (6) of this section, each circuit court shall have
a small claims department.
(2) Except as provided in this section, all actions for the
recovery of money, damages, specific personal property, or any penalty or
forfeiture must be commenced and prosecuted in the small claims
department if the amount or value claimed in the action does not exceed
$750.
(3) Except as provided in this section and ORS 46.455 (2)(c), an
action for the recovery of money, damages, specific personal property, or
any penalty or forfeiture may be commenced and prosecuted in the small
claims department if the amount or value claimed in the action does not
exceed $5,000.
(4) Class actions may not be commenced and prosecuted in the small
claims department.
(5) Actions providing for statutory attorney fees in which the
amount or value claimed does not exceed $750 may be commenced and
prosecuted in the small claims department or may be commenced and
prosecuted in the regular department of the circuit court. This
subsection does not apply to an action based on contract for which
attorney fees are authorized under ORS 20.082.
(6) If a circuit court is located in the same city as a justice
court, the circuit court need not have a small claims department if the
circuit court and the justice court enter into an intergovernmental
agreement that provides that only the justice court will operate a small
claims department. If an intergovernmental agreement is entered into
under this subsection, the agreement must establish appropriate
(1) The
judges of a circuit court shall sit as judges of the small claims
department.
(2) No formal pleadings other than the claim shall be necessary.
(3) The hearing and disposition of all cases shall be informal, the
sole object being to dispense justice promptly and economically between
the litigants. The parties shall have the privilege of offering evidence
and testimony of witnesses at the hearing. The judge may informally
consult witnesses or otherwise investigate the controversy and give
judgment or make such orders as the judge deems to be right, just and
equitable for the disposition of the controversy.
(4) No attorney at law or person other than the plaintiff and
defendant and their witnesses shall appear on behalf of any party in
litigation in the small claims department without the consent of the
judge of the court.
(5) Notwithstanding the provisions of ORS 9.320, a corporation, the
state or any city, county, district or other political subdivision or
public corporation in this state, without appearance by attorney, may
appear as a party to any action in the small claims department and in any
supplementary proceeding in aid of execution after entry of a small
claims judgment.
(6) Assigned claims may be prosecuted by an assignee in small
claims department to the same extent they may be prosecuted in any other
state court. [1971 c.760 §3; 1973 c.484 §6; 1981 s.s. c.1 §22; 1987 c.811
§1; 1993 c.282 §2; 1995 c.658 §44; 1997 c.808 §§6,7]
(1) An action in
the small claims department shall be commenced by the plaintiff’s filing
with the clerk of the court a verified claim in the form prescribed by
the court, and by paying the fee prescribed by ORS 46.570 (1)(a) for each
action filed.
(2) The claim shall contain the name and address of the plaintiff
and of the defendant, followed by a plain and simple statement of the
claim, including the amount and the date the claim allegedly accrued. The
claim shall include an affidavit signed by the plaintiff and stating that
the plaintiff made a bona fide effort to collect the claim from the
defendant before filing the claim with the clerk.
(3) Except in actions arising under ORS chapter 90, the plaintiff
must include in a claim all amounts claimed from the defendant arising
out of a single transaction or occurrence. Any plaintiff alleging damages
on a transaction requiring installment payments need only claim the
installment payments due and owing as of the date of filing of the claim,
and need not accelerate the remaining payments. The plaintiff may include
in a claim all amounts claimed from a defendant on more than one
transaction or occurrence if the total amount of the claim does not
exceed $5,000.
(4) Notwithstanding subsection (3) of this section, a plaintiff
bringing an action on assigned claims:
(a) Need bring an action only on those claims that have been
assigned as of the date the action is filed; and
(b) May bring separate actions for each person assigning claims to
The
small claims department of a circuit court shall provide to each
plaintiff who files a claim with the department a written explanation of
how notice may be served in actions in the department. [1977 c.875 §9;
1995 c.658 §46] (1) Upon the filing of a
claim in the small claims department of a circuit court, the clerk shall
issue a notice in the form prescribed by the court.
(2) The notice shall be directed to the defendant, naming the
defendant, and shall contain a copy of the claim.
(3) The notice and claim shall be served upon the defendant either
in the manner provided for the service of summons and complaint in
proceedings in the circuit courts or by certified mail, at the option of
the plaintiff. If service by certified mail is attempted, the plaintiff
shall mail the notice and claim by certified mail addressed to the
defendant at the last-known mailing address of the defendant. The
envelope shall be marked with the words “Deliver to Addressee Only” and
“Return Receipt Requested.” The date of delivery appearing on the return
receipt shall be prima facie evidence of the date on which the notice and
claim was served upon the defendant. If service by certified mail is not
successfully accomplished, the notice and claim shall be served in the
manner provided for the service of summons and complaint in proceedings
in the circuit courts.
(4) The notice shall include a statement in substantially the
following form:
Within
14 days after the date of service of the notice and claim upon the
defendant as provided in ORS 46.445:
(1) If the defendant admits the claim, the defendant may settle it
by:
(a) Paying to the plaintiff the amount of the claim plus the amount
of all filing fees and service expenses paid by the plaintiff and mailing
proof of that payment to the court.
(b) If the claim is for recovery of specific personal property,
delivering the property to the plaintiff and paying to the plaintiff the
amount of all filing fees and service expenses paid by the plaintiff and
mailing proof of that delivery and payment to the court.
(2) If the defendant denies the claim, the defendant:
(a) May demand a hearing in the small claims department in a
written request to the clerk in the form prescribed by the court,
accompanied by payment of the defendant’s fee prescribed; and
(b) When demanding a hearing, may assert a counterclaim in the form
provided by the court; or
(c) If the amount or value claimed exceeds $750, has a
constitutional right to a jury trial and may claim that right in a
written request to the clerk in the form prescribed by the court,
accompanied by payment of the appearance fee required from defendants in
circuit court actions together with the amount of the circuit court jury
trial fee for the first day of trial. The request shall designate a
mailing address to which a summons and copy of the complaint may be
served by mail. Thereafter, the plaintiff’s claim will not be limited to
the amount stated in the claim, though it must involve the same
controversy. [1971 c.760 §7; 1973 c.654 §1; 1973 c.812 §3a; 1977 c.875
§5; 1977 c.877 §10a; 1981 s.s. c.3 §94; 1983 c.673 §2; 1985 c.496 §13;
1991 c.111 §5; 1991 c.195 §3; 1995 c.227 §2; 1995 c.455 §4; 1995 c.658
§48; 1997 c.46 §§6,7]
(1)
The defendant in an action in the small claims department may assert as a
counterclaim any claim that, on the date of issuance of notice pursuant
to ORS 46.445, the defendant may have against the plaintiff and that
arises out of the same transaction or occurrence that is the subject
matter of the claim filed by the plaintiff.
(2) If the amount or value of the counterclaim exceeds $5,000, the
court shall strike the counterclaim and proceed to hear and dispose of
the case as though the counterclaim had not been asserted unless the
defendant files with the counterclaim a motion requesting that the case
be transferred from the small claims department to the circuit court.
After the transfer the plaintiff’s claim will not be limited to the
amount stated in the claim filed with the small claims department, though
it must involve the same controversy.
(3)(a) If the amount or value of the counterclaim exceeds that
specified in subsection (2) of this section, and the defendant files a
motion requesting transfer as provided in subsection (2) of this section,
the case shall be transferred to the circuit court. The clerk of the
court shall notify the plaintiff and defendant, by mail, of the transfer.
The notice to the plaintiff shall contain a copy of the counterclaim and
shall instruct the plaintiff to file with the court and serve by mail on
the defendant, within 20 days following the mailing of the notice, a
reply to the counterclaim and, if the plaintiff proposes to increase the
amount of the claim originally filed with the small claims department, an
amended claim for the increased amount. Proof of service on the defendant
of the plaintiff’s reply and amended claim may be made by certificate of
the plaintiff or plaintiff’s attorney attached to the reply and amended
claim filed with the court. The defendant is not required to answer an
amended claim of the plaintiff.
(b) Upon filing the motion requesting transfer, the defendant shall
pay to the clerk of the court the transfer fee required by ORS 46.570
(1)(c) and an amount equal to the difference between the fee paid by the
defendant as required by ORS 46.570 (1)(a) and the fee required of a
defendant by ORS 21.110. Upon filing a reply to the counterclaim, the
plaintiff shall pay to the clerk of the court an amount equal to the
difference between the fee paid by the plaintiff as required by ORS
(1) If the defendant demands a
hearing in the small claims department, under the direction of the court
the clerk shall fix a day and time for the hearing and shall mail to the
parties a notice of the hearing time in the form prescribed by the court,
instructing them to bring witnesses, documents and other evidence
pertinent to the controversy.
(2) If the defendant asserts a counterclaim, the notice of the
hearing time shall contain a copy of the counterclaim.
(3)(a) If the defendant claims the right to a jury trial, the clerk
shall notify the plaintiff by mail of the requirements of this paragraph.
Within 20 days after the mailing of the notice, the plaintiff must file a
formal complaint with the court and serve by mail a summons and copy of
the complaint on the defendant at the designated address of the
defendant. Proof of service must be filed by the plaintiff with the
court. Proof of service may be made by filing a certificate of the
plaintiff or the plaintiff’s attorney with the complaint.
(b) The plaintiff’s claim in the formal complaint filed pursuant to
this subsection is not limited to the amount stated in the claim filed in
the small claims department, but the claim in the formal complaint must
relate to the same controversy.
(c) The defendant must file an appearance in the matter within 10
days after the date on which the summons and copy of the complaint would
be delivered to the defendant in due course of mail. Thereafter the cause
shall proceed as other causes in the court, and costs and disbursements
shall be allowed and taxed. Fees not previously paid shall be charged and
collected as provided for other cases tried in the circuit court, except
that the appearance fee for the plaintiff shall be an amount equal to the
difference between the fee paid by the plaintiff as required by ORS
46.570 and the fee required of the plaintiff under ORS 21.110.
(4)(a) If the defendant claims the right to a jury trial and does
not prevail in the action, the court shall award to the plaintiff
reasonable attorney fees incurred by the plaintiff in the action. Unless
attorney fees are otherwise provided for in the action by contract or
statutory provision, attorney fees awarded under this paragraph may not
exceed $1,000.
(b) If the defendant asserts a counterclaim that requires transfer
of the matter under the provisions of ORS 46.461, and the defendant does
not prevail in the action, the court shall award to the plaintiff
reasonable attorney fees incurred by the plaintiff in the action. [1971
c.760 §8; 1975 c.346 §1; 1983 c.673 §3; 1985 c.496 §14; 1991 c.790 §8;
1995 c.455 §5; 1995 c.618 §15a; 1997 c.46 §§9,10] (1)
Upon written request, the court may extend to the parties additional time
within which to make formal appearances required in the small claims
department of a circuit court.
(2) If the defendant fails to pay the claim, demand a hearing, or
demand a jury trial and comply with ORS 46.465 (3)(c), upon written
request from the plaintiff the clerk shall enter a judgment against the
defendant for the relief claimed plus the amount of the small claims
filing fees and service expenses paid by the plaintiff and the prevailing
party fee provided by ORS 20.190.
(3) If the plaintiff fails within the time provided to file a
formal complaint pursuant to ORS 46.465 (3)(a), the clerk shall:
(a) Dismiss the case without prejudice; and
(b) If the defendant applies therefor in writing to the clerk not
later than 30 days after the expiration of the time provided for the
plaintiff to file a formal complaint, refund to the defendant the amount
of the jury trial fee paid by the defendant under ORS 46.455 (2)(c).
(4) If the defendant appears at the time set for hearing but no
appearance is made by the plaintiff, the claim shall be dismissed with
prejudice. If neither party appears, the claim shall be dismissed without
prejudice.
(5) Upon good cause shown within 60 days, the court may set aside a
default judgment or dismissal and reset the claim for hearing. [1971
c.760 §9; 1977 c.875 §6; 1985 c.496 §15; 1991 c.111 §6; 1995 c.618
§§8,8a; 1995 c.658 §51; 1997 c.46 §§12,13; 1999 c.84 §10] (1) In addition
to any other award, the prevailing party shall be entitled to a judgment
for the small claims filing fees and service expenses paid by the party
and the prevailing party fee provided for in ORS 20.190 (1)(c) or (2)(b).
The prevailing party may also be awarded prevailing party fees under ORS
20.190 (3). The award shall be paid or the property delivered upon such
terms and conditions as the judge may prescribe.
(2) The court may allow to the defendant a setoff not to exceed the
amount of plaintiff’s claim, but in such case the court shall cause to be
entered in the record the amount of the setoff allowed.
(3) No attachment shall issue on any cause in the small claims
department.
(4) A judgment in the small claims department is conclusive upon
the parties and no appeal may be taken from the judgment.
(5) The clerk of the court shall keep a record of all actions,
proceedings and judgments in the small claims department.
(6) A judgment in the small claims department is a judgment of the
circuit court. The clerk shall enter such judgment in the register of the
circuit court in the manner provided by ORS 18.075. A judgment in the
small claims department may create a lien as provided by ORS 46.488.
Judgments that include money awards, as defined by ORS 18.005, are
subject to ORS 18.042. [1971 c.760 §10; 1977 c.875 §7; 1985 c.540 §17;
1991 c.111 §7; 1995 c.618 §9; 1995 c.658 §52; 1997 c.801 §60; 1999 c.84
§8; 2003 c.576 §91] (1) A judgment
creditor may not create a judgment lien for a judgment entered in the
small claims department of a circuit court if the money award is less
than $10, exclusive of costs and disbursements. A judgment creditor may
create a judgment lien for a judgment entered in the small claims
department of a circuit court in an amount of $10 or more and less than
$3,000, exclusive of costs and disbursements, only as provided in
subsection (3) of this section.
(2) If a judgment is rendered in the small claims department in an
amount of $3,000 or more, the clerk shall note in the register of the
circuit court that the judgment creates a judgment lien if the judgment
otherwise complies with the requirements of ORS chapter 18 for creating a
judgment lien. A judgment creditor may create a lien for the judgment in
other counties in the manner provided by ORS 18.152.
(3) When a judgment is entered in the small claims department in an
amount of $10 or more and less than $3,000, exclusive of costs or
disbursements, a judgment creditor may at any time before expiration of
judgment remedies for the judgment under ORS 18.180 create a judgment
lien for the judgment by paying to the clerk of the court that entered
the judgment the fees established by ORS 21.325 (1)(a) and (b) and
requesting that the clerk of the court note in the register, and in the
separate record maintained under ORS 18.075, that the judgment creates a
judgment lien. Upon receipt of the fees and request for creating a
judgment lien, the clerk shall note in the register that the judgment
creates a judgment lien. Upon entry of the notation in the register, the
judgment creates a lien as described in ORS 18.150, and a judgment
creditor may create a lien for the judgment in other counties in the
manner provided by ORS 18.152. [1997 c.801 §57; 1997 c.801 §58; 1999
c.195 §3; 1999 c.1095 §12; 2003 c.576 §92; 2003 c.737 §77]Note: The amendments to 46.488 by section 78, chapter 737, Oregon
Laws 2003, become operative January 1, 2007. See section 79, chapter 737,
Oregon Laws 2003, as amended by section 90, chapter 702, Oregon Laws
2005. The text that is operative on and after January 1, 2007, is set
forth for the user’s convenience.
46.488. (1) A judgment creditor may not create a judgment lien for
a judgment entered in the small claims department of a circuit court if
the money award is less than $10, exclusive of costs and disbursements.A
judgment creditor may create a judgment lien for a judgment entered in
the small claims department of a circuit court in an amount of $10 or
more and less than $3,000, exclusive of costs and disbursements, only as
provided in subsection (3) of this section.
(2) If a judgment is rendered in the small claims department in an
amount of $3,000 or more, the clerk shall note in the register of the
circuit court that the judgment creates a judgment lien if the judgment
otherwise complies with the requirements of ORS chapter 18 for creating a
judgment lien. A judgment creditor may create a lien for the judgment in
other counties in the manner provided by ORS 18.152.
(3) When a judgment is entered in the small claims department in an
amount of $10 or more and less than $3,000, exclusive of costs or
disbursements, a judgment creditor may at any time before expiration of
judgment remedies for the judgment under ORS 18.180 create a judgment
lien for the judgment by paying to the clerk of the court that entered
the judgment the fees established by ORS 21.325 (1) and (2) and
requesting that the clerk of the court note in the register, and in the
separate record maintained under ORS 18.075, that the judgment creates a
judgment lien. Upon receipt of the fees and request for creating a
judgment lien, the clerk shall note in the register that the judgment
creates a judgment lien. Upon entry of the notation in the register, the
judgment creates a lien as described in ORS 18.150, and a judgment
creditor may create a lien for the judgment in other counties in the
manner provided by ORS 18.152.Note: Section 8 (1) and (2), chapter 195, Oregon Laws 1999,
provides:
Sec. 8. (1) The amendments to ORS 18.350 by section 1 of this 1999
Act, and the amendments to ORS 46.488 by section 58, chapter 801, Oregon
Laws 1997, and by section 3 of this 1999 Act, do not affect any judgment
docketed in the circuit court under the provisions of ORS 46.488 (1997
Edition) before the effective date of this 1999 Act [October 23, 1999].
Notwithstanding the amendments to ORS 46.488 by section 58, chapter 801,
Oregon Laws 1997, and by section 3 of this 1999 Act, any judgment entered
in the small claims department of a circuit court before the effective
date of this 1999 Act that was not docketed in the circuit court under
the provisions of ORS 46.488 (1997 Edition) before the effective date of
this 1999 Act may become a lien on real property only in the manner
provided by ORS 46.488 (1997 Edition).
(2) Any judgment docketed before the effective date of this 1999
Act, including judgments docketed under the provisions of ORS 46.488
(1997 Edition), that did not become a lien on real property by reason of
failure of the judgment creditor to file a lien certificate with the
court in the manner required by ORS 18.350 (4) to (9) (1997 Edition)
shall automatically become a lien on real property to the extent
described in ORS 18.350, as amended by section 1 of this 1999 Act, on
January 1, 2000, and shall be considered in all respects as though the
judgment had been docketed on January 1, 2000. [1999 c.195 §8(1),(2);
1999 c.195 §8a(1),(2)]
Except as provided
in subsections (1) and (2) of this section, all actions in small claims
department shall be commenced and tried in the county in which the
defendants, or one of them, reside or may be found at the commencement of
the action.
(1) When an action is founded on an alleged tort, it may be
commenced either in the county where the cause of action arose or in the
county where the defendants, or one of them, reside or may be found at
the commencement of the action.
(2) When the defendant has contracted to perform an obligation in a
particular county, action may be commenced in either that county or where
the defendants, or one of them, reside or may be found at the
commencement of the action. [1973 c.446 §2] (1) In the small claims department of circuit court
there shall be charged and collected in civil cases by the clerk of the
court the following fees for the following purposes and services:
(a)(A) Plaintiff filing a claim, $24 when the amount or value
claimed does not exceed $1,500, and $50 when the amount or value claimed
exceeds $1,500; and
(B) Defendant demanding a hearing, $21 when the amount or value
claimed by plaintiff does not exceed $1,500, and $43 when the amount or
value claimed by plaintiff exceeds $1,500.
(b) Transcription of judgment from small claims department, $6.
(c) Transfer of cause to circuit court on counterclaim, $11.
(2) Except as otherwise provided in subsection (1) of this section,
fees provided for in this section shall be collected in advance. A paper
or pleading shall be filed by the clerk only if the required fee is paid
or if a request for a fee waiver or deferral is granted by the court.
Fees provided for in this section may not be refunded.
(3) In addition to the fees provided for in subsection (1) of this
section, for the period commencing September 1, 2003, and ending December
31, 2006, in the small claims department of a circuit court the clerk of
the court shall charge and collect the following surcharges:
(a)(A) Plaintiff filing a claim, $7 when the amount or value
claimed does not exceed $1,500, and $15 when the amount or value claimed
exceeds $1,500; and
(B) Defendant demanding a hearing, $5 when the amount or value
claimed by plaintiff does not exceed $1,500, and $11 when the amount or
value claimed by plaintiff exceeds $1,500.
(b) Transcription of judgment from small claims department, $2.
(c) Transfer of cause to circuit court on counterclaim, $3.
[Formerly 46.221; 2003 c.737 §§44,45a,45c; 2005 c.702 §§49,50]
46.570. (1) In the small claims department of circuit court there
shall be charged and collected in civil cases by the clerk of the court
the following fees for the following purposes and services:
(a)(A) Plaintiff filing a claim, $26 when the amount or value
claimed does not exceed $1,500, and $55 when the amount or value claimed
exceeds $1,500; and
(B) Defendant demanding a hearing, $21 when the amount or value
claimed by plaintiff does not exceed $1,500, and $43 when the amount or
value claimed by plaintiff exceeds $1,500.
(b) Transcription of judgment from small claims department, $7.
(c) Transfer of cause to circuit court on counterclaim, $12.
(2) Except as otherwise provided in subsection (1) of this section,
fees provided for in this section shall be collected in advance. A paper
or pleading shall be filed by the clerk only if the required fee is paid
or if a request for a fee waiver or deferral is granted by the court.
Fees provided for in this section may not be refunded.
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