Small Claim Instructions

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SMALL CLAIMS INSTRUCTIONS FOR PLAINTIFFS
If these instructions do not answer your questions, you can call the Oregon State
Bar 503.684.3763, or go to The website
has several useful resources including links to the Oregon
Revised Statutes and Oregon Administrative Rules. The court clerk may answer
questions about filing procedures, but cannot give legal advice.
Small claims are filed to resolve disputes without a lawyer. Court staff cannot give legal advice.
You may talk to a lawyer at any time for help with your claim, but lawyers are not allowed to
participate in small claims hearings without the judge’s permission.
 The amount claimed (including the value of property) must be $10,000 or less.
o If you are claiming money and property worth more than $10,000, you cannot file a
Small Claim. Go to , or see a lawyer for advice.
o Claims for more than $750 and up to $10,000 can be filed in either Small Claims or
general civil court. Lawyers can represent you in general civil court.
o Claims for $750 or less must be filed in Small Claims court. An exception allows these
claims to be filed in general civil court if the law you are suing under specifically
allows lawyer fees to be awarded. Talk to a lawyer for more information if you think
you are entitled to recover lawyer’s fees and want to file a claim for $750 or less in
general civil court.
 If you are filing the claim, you are the plaintiff; the party you are suing is the defendant.
This does not change throughout the case. Ignore the ‘Inmate ID”.
 You must make a “bona fide” (good faith) effort to collect your claim from the defendant
before you file. Your claim form must include a statement under oath that you tried to
resolve the issue before you filed a claim.
 To start a case, fill out the Small Claim and Notice of Small Claim form.
o If you are asking for money damages, you must itemize and prove your actual loss.
Guesses or rough estimates are not good enough. Written professional estimates may
sometimes be appropriate, such as claims for repair costs to a home or vehicle.
Do not request a lump sum where itemized costs are involved. For example,
do not claim “damage to my house: $4,000.” Instead, list the individual costs
–“Drywall repair $800; Plumbing replacement $1,000; Roof repair $2,000;
Repainting $200.”
o Fill in the party names on the Defendant’s Response form. Fill in the Plaintiff and
Defendant information on the top of page 1.
o You must fill in the amount of the defendant’s filing fees on the Notice page. Go to
to get the current defendant’s filing fees.
o Your claim must include your filing fee. Go to
to get the
current plaintiff’s filing fee. (See below for information about having your fees
deferred or waived).
o Bring the Claim and Notice and Response forms to the court with your filing fee.
o The clerk may give you papers (including an Answer form) to include with the Claim
and Notice when you serve the defendant (see below for information about serving
the defendant)
SCA_ Small Claims – Petitioner’s Instructions
Effective 8-2-2012
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