How to File a Small Claims Lawsuit in Oregon (2026)
Reviewed by DocDraft Legal Team · Oregon · Last updated May 12, 2026
Oregon uses a split filing rule under ORS 46.405: claims under $750 must go to the Small Claims Department, while claims between $750 and the $10,000 ceiling may stay there or move to regular Circuit Court. Rural counties still route through Justice Court. Filing fees run $37 or $50.
How does Oregon small claims court compare to other states?
Oregon has a unique mandatory threshold: claims of $750 or less must be filed in small claims under ORS 46.405. Claims between $750 and $10,000 are optional. By contrast, most states make small claims optional at any amount. Oregon also restricts attorneys: under ORS 46.415, lawyers may appear only with prior leave of court.
What is the maximum amount you can sue for in small claims court in Oregon?
Oregon's small claims cap is $10,000 under ORS 46.405. Claims above $10,000 must be filed on the regular Circuit Court civil docket. Pending bill SB 484 (2025 session) would raise the cap to $20,000 but had not been enacted as of May 2026. The current $10,000 cap has been in place since the 2009 amendments to ORS Chapter 46.
Can a business sue or be sued in Oregon small claims court?
Yes. Corporations, LLCs, partnerships, and other entities can sue or be sued in the Small Claims Department subject to the $10,000 cap. Under ORS 46.405, corporations may appear through an officer, employee, or attorney. Most pro se business plaintiffs use a non-attorney representative for routine debt collection. Sole proprietors appear as natural persons.
Can I appeal a small claims court decision in Oregon?
No. Oregon small claims judgments are generally not appealable under ORS 46.485, with narrow exceptions for jurisdictional defects. The trade-off is finality and speed: parties exchange the right of appeal for simplified procedure. Parties who want appeal rights must file in the regular Circuit Court civil docket, where ORS Chapter 19 governs appellate review.
Oregon small claims at a glance
Oregon requires small claims procedure for any monetary claim of $750 or less. Claims between $750 and $10,000 may be filed in small claims or regular civil court at the plaintiff's option (ORS 46.405). Defendants who do not request a hearing within 14 days of service may have a default judgment entered without trial under ORS 46.455. Pending bill SB 484 (2025 session) would raise the small claims cap to $20,000 but had not been enacted as of May 2026. Attorneys may appear in small claims only with prior leave of court under ORS 46.415, an unusually restrictive rule. The 9% statutory judgment interest rate under ORS 82.010(2) is among the higher Western state rates. Oregon small claims judgments are generally not appealable under ORS 46.485, with narrow exceptions for jurisdictional defects.
Filing cost example: $4,000 unpaid services claim
Suppose a client owes you $4,000 on a written services contract. The statute of limitations for written contracts in Oregon is 6 years under ORS 12.080, so you must file within 6 years of the missed payment. Filing fee in the Circuit Court Small Claims Department is $50 for claims between $2,501 and $10,000 under ORS 46.570. Service by certified mail through the clerk adds a small additional fee, or sheriff service adds $30 to $60 under ORS 46.445. The defendant has 14 days after service to request a hearing or face default judgment. The trial date typically falls 30 to 60 days after filing. After winning, post-judgment interest accrues at 9% per year under ORS 82.010(2). If the defendant pays in 30 days, you collect $4,000 plus filing and service. If unpaid for 1 year, you are owed roughly $4,360.
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Relevant Documents
Billing Dispute Letter
A formal letter to the company or service provider detailing the nature of the billing dispute, including specific charges being contested, reasons for the dispute, and requested resolution. This document establishes a paper trail of your dispute attempt.
Promissory Note
This document is your written promise to repay the loan according to specific terms. It's often simpler than the full loan agreement but creates a legally binding obligation to repay the borrowed funds.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Local Courthouses
Multnomah County Circuit Court (Portland)
1200 SW 1st Ave, Portland, OR 97204
Washington County Circuit Court (Hillsboro)
150 N 1st Ave, Hillsboro, OR 97124
Clackamas County Circuit Court (Oregon City)
807 Main St, Oregon City, OR 97045
Lane County Circuit Court (Eugene)
125 E 8th Ave, Eugene, OR 97401
Marion County Circuit Court (Salem)
100 High St NE, Salem, OR 97301
Relevant Laws
ORS Chapter 46 (Justice and Small Claims Courts)
Establishes the Small Claims Department of the Circuit Court and Justice Court Small Claims, sets the $10,000 cap and mandatory threshold at $750.
ORS 12.080 (Statute of Limitations: Six-Year Claims)
Sets the 6-year limitations period for written and oral contracts and property damage actions in Oregon.
ORS 12.110 (Statute of Limitations: Personal Injury)
Sets the 2-year limitations period for personal injury actions in Oregon.
ORS 82.010 (Post-Judgment Interest)
Sets the post-judgment interest rate at 9% per year on Oregon court judgments unless a higher contract rate applies.
Oregon Judicial Department: Small Claims
Official Oregon Judicial Department portal for Small Claims forms, fee waivers, court directory, File & Serve eFiling, and procedural guides.
Regional Variances
Statute of Limitations for Common Claims in Oregon
Written contract
6 years (ORS 12.080(1))
Oral contract
6 years (ORS 12.080(1))
Property damage
6 years (ORS 12.080(3))
Personal injury
2 years (ORS 12.110(1))
Debt collection
6 years (ORS 12.080)
Suggested Compliance Checklist
Send a demand letter (recommended)
30 days before filing days after startingSend a written demand by certified mail with return receipt. Oregon does not require a demand letter, but Small Claims judges expect to see one. Keep a copy and proof of mailing.
Determine mandatory vs optional small claims
Before filing days after startingClaims of $750 or less must be filed in small claims under ORS 46.405. Claims $750 to $10,000 are optional. Choose small claims for speed; regular civil for appeal rights.
Verify claim is within $10,000 limit
Before filing days after startingConfirm your claim is at or below $10,000 under ORS 46.405. If above, file on the regular Circuit Court civil docket.
Gather evidence and witnesses
Before filing days after startingCollect contracts, invoices, receipts, photos, texts, emails, and witness contact information. Make three copies of every exhibit for the judge, the defendant, and yourself.
File Small Claim via File & Serve eFiling
Within applicable SOL days after startingFile at the Circuit Court Small Claims Department in the county where the defendant lives or where the cause of action arose. Pay the $37 or $50 filing fee under ORS 46.570.
Serve the defendant under ORS 46.445
At least 14 days before hearing request deadline days after startingService by clerk-handled certified mail or sheriff personal service. The defendant has 14 days after service to request a hearing or face default judgment under ORS 46.455.
Attend the hearing with all evidence
30 to 60 days after filing days after startingHearings are public and informal. Attorneys may appear only with prior leave of court under ORS 46.415. Bring three copies of every document and all witnesses.
Collect the judgment (no appeal under ORS 46.485)
Immediately after judgment days after startingUse executions and garnishment under ORS Chapter 18. Wage garnishment limited under ORS 18.385. Post-judgment interest accrues at 9% per year under ORS 82.010(2).
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Send a demand letter (recommended) | Send a written demand by certified mail with return receipt. Oregon does not require a demand letter, but Small Claims judges expect to see one. Keep a copy and proof of mailing. | demand-letter | 30 days before filing |
| Determine mandatory vs optional small claims | Claims of $750 or less must be filed in small claims under ORS 46.405. Claims $750 to $10,000 are optional. Choose small claims for speed; regular civil for appeal rights. | - | Before filing |
| Verify claim is within $10,000 limit | Confirm your claim is at or below $10,000 under ORS 46.405. If above, file on the regular Circuit Court civil docket. | - | Before filing |
| Gather evidence and witnesses | Collect contracts, invoices, receipts, photos, texts, emails, and witness contact information. Make three copies of every exhibit for the judge, the defendant, and yourself. | - | Before filing |
| File Small Claim via File & Serve eFiling | File at the Circuit Court Small Claims Department in the county where the defendant lives or where the cause of action arose. Pay the $37 or $50 filing fee under ORS 46.570. | - | Within applicable SOL |
| Serve the defendant under ORS 46.445 | Service by clerk-handled certified mail or sheriff personal service. The defendant has 14 days after service to request a hearing or face default judgment under ORS 46.455. | - | At least 14 days before hearing request deadline |
| Attend the hearing with all evidence | Hearings are public and informal. Attorneys may appear only with prior leave of court under ORS 46.415. Bring three copies of every document and all witnesses. | - | 30 to 60 days after filing |
| Collect the judgment (no appeal under ORS 46.485) | Use executions and garnishment under ORS Chapter 18. Wage garnishment limited under ORS 18.385. Post-judgment interest accrues at 9% per year under ORS 82.010(2). | - | Immediately after judgment |
Frequently Asked Questions
ORS 46.405 makes small claims procedure mandatory for any monetary claim of $750 or less. The mandatory threshold streamlines disposition of routine low-dollar claims and prevents plaintiffs from filing them in regular civil court. Claims between $750 and $10,000 are optional in small claims. Above $10,000, plaintiffs must file in regular Circuit Court civil docket.
Filing fees in the Circuit Court Small Claims Department are $37 for claims at or below $2,500 and $50 for claims between $2,501 and $10,000 under ORS 46.570. Certified-mail service through the clerk adds $10 to $15. Sheriff or process-server personal service adds $30 to $60. Fee deferrals or waivers are available under ORS 21.682 for indigent plaintiffs.
Under ORS 46.455, after the defendant is served, the defendant has 14 days to file a written request for hearing or admit the claim and pay. If the defendant fails to respond within 14 days, the plaintiff can request entry of default judgment without a trial. This rule is unusually quick: most states give defendants 20 to 30 days.
Generally no. Under ORS 46.415, attorneys may appear in Oregon small claims only with prior leave of court. The rule is designed to keep small claims informal and accessible to pro se litigants. If the court allows an attorney for one side, the other side typically gains the same right. Corporations may appear through a non-attorney officer or employee.
Oregon's statute of limitations is 6 years for written and oral contracts and property damage under ORS 12.080, and 2 years for personal injury under ORS 12.110(1). Debt collection follows the contract category at 6 years. The clock starts on the date of breach or injury. Filing the small claim tolls the SOL from the filing date.
After judgment, you can collect using executions and garnishment under ORS Chapter 18. Wage garnishment is limited to the lesser of 25% of disposable earnings or the amount by which disposable earnings exceed 40 times the state minimum wage. Judgments docketed create a 10-year real-property lien under ORS 18.180. Post-judgment interest accrues at 9% per year under ORS 82.010(2).
Yes. Oregon's File & Serve eFiling system at courts.oregon.gov supports e-filing for Circuit Court Small Claims Department cases statewide. Pro se litigants can register for an account. The system handles the Small Claim form, fee payment, and service requests. Paper filing remains available in person at the Circuit Court clerk's office in each county.
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