Small Claim Instructions (Page 8 of 8) in pdf

o If the counterclaim is for more than you won, then you may win your claim, but still

have to pay the defendant money. For example, if you claim $100 and the

counterclaim is for $150 and the judge decides that you both win, then you will have to

pay the defendant $50 ($150 counterclaim - $100 claim = $50).

The judge will tell you who has to fill out the Judgment form. Then the Judgment form has to be

given to the judge to sign. This form says how much the award is for, and who gets paid (if anyone).

The “judgment creditor” is the person who gets paid, and the “judgment debtor” is the person who

has to pay.

The party who wins is the prevailing party. The prevailing party may be entitled to additional

money called a ‘prevailing party fee’. The judge may tell you how much the fee is, or you can look it

up at ORS 20.190. Write that amount in the “prevailing party fee” box.

NOTE: There is NO APPEAL from a Small Claims judgment. The judge’s decision is final.

HOW TO COLLECT AFTER JUDGMENT

Demand Letter

Once you receive your notice that the judgment was entered, you must send the defendant a written

demand for payment. This letter must be sent by certified mail, return receipt requested.

Keep a copy of the demand letter and the receipt card showing the recipient’s signature. Your

demand letter should say that you are making a demand for payment and give the debtor the total

balance due and a deadline (usually 10 – 30 days). The judgment will give you the total amount the

court entered as due to you.

If you are still not paid after sending the demand letter, several options are available to you. Go to

for more information.

SATISFACTIONS

A “Satisfaction” is a form that tells the court that your judgment has been paid (satisfied). You

MUST file a Satisfaction of Judgment when you have received full payment on the money

award portion of your judgment. You may also file a Satisfaction of Judgment anytime you receive

a payment. A “partial satisfaction” means you have received payment, but not the full amount. A

“full satisfaction” means the award is paid in full. You must also send a copy of the Satisfaction of

Judgment to the other party. Satisfaction of Judgment forms are available online or at the court,

and there is no fee to file this form.

Satisfactions must be notarized. Many banks can do this. You must bring photo I.D. with you and

sign the form in front of the notary public.

SCA_ Small Claims – Petitioner’s Instructions

Effective 8-2-2012

Page 8 of 8

Small Claim Instructions Page 8