Navigating Small Claims Court in Oregon: A Comprehensive Guide

Filing a Complaint in Small Claims

 Do you want to take someone to Court? Small Claims may be the place to start.

 Small Claims Court in Oregon handles civil cases involving disputes over smaller amounts of money or damages, up to $10,000. It provides a simplified, quicker, and less expensive process for resolving legal disputes compared to regular civil court proceedings.

 Who Can File a Complaint?

In Oregon, any individual, business, or organization can file a complaint in Small Claims court. The plaintiff does not need to reside in Oregon, but they must be at least 18 years old (or file via guardian). The defendant must reside or do business in the county where the complaint is filed. Also, the complaint amount cannot exceed $10,000, it must be filed within the appropriate statute of limitations, and the complaint must not have been previously litigated. Attorneys cannot represent plaintiffs in Small Claims court unless granted special permission by the judge. Therefore, plaintiffs must represent themselves and cannot have an attorney argue their case.

How Can a Complaint Be Filed?

A Small Claims complaint can be filed by following these steps:

• Obtain and fill out the Notice of Small Claim form from the county courthouse or online.

• Pay the filing fee or request a fee waiver if you cannot afford it.

• File the completed form with the court clerk in the appropriate county.

• Arrange for the defendant to be served with the complaint, either through certified mail or personal service by a process server or sheriff. Check with the county on which method is advisable.

Who Can Help to Fill Out a Complaint?

Generally, a plaintiff can fill out their own court paperwork and then submit it with the appropriate county. However, various people can also help fill out a Small Claims complaint in Oregon:

·       Court facilitators: Some courts have facilitators who can provide information and assistance with the process.

·       Attorneys: While they cannot represent plaintiffs in court, they can review the complaint.

·       The Clerk of Court: This is an officer of the court responsible for maintaining court records, filing documents, and providing administrative support. They can assist with Small Claims complaints by providing the necessary forms and instructions, as well as answering questions about the filing process and fees.

How to serve a defendant in a small claims court?

The Oregon Rules of Civil Procedure (ORCP) govern service of process, and these rules apply to all courts in the state, including Small Claims courts.

As such, the plaintiff is responsible for ensuring that the defendant is properly served with the complaint and summons. There are two main methods for serving a defendant:

Personal service

• A copy of the complaint and summons must be personally delivered to the defendant by a process server or sheriff.

• The server must be 18 years or older and not a party to the case.

• If the defendant is not available, the documents can be left with a responsible person at the defendant's residence or place of business.

• The server must complete a Certificate of Service, which is then filed with the court.

Certified mail

• The complaint and summons can be mailed to the defendant via certified mail with return receipt requested.

• The plaintiff must file the returned receipt with the court to prove that the defendant received the documents.

• If the certified mail is unclaimed or refused, the plaintiff must use personal service.

• If the defendant is a business, service can be made by delivering the documents to a registered agent, an officer, or a managing or general agent of the business.

Once the complaint has been filed and served, what happens next?

After the Small Claims complaint has been filed and the defendant has been properly served, the following steps typically occur:

·       Defendant's response

o   The defendant, if served in Oregon, has 14 calendar days from the date of service to file a response with the court. If the defendant is served outside of Oregon, they have 30 calendar days to respond.

o   If the defendant fails to respond within the allotted time, the plaintiff may request a default judgment.

·       Mediation

o   Some counties in Oregon require parties to participate in mediation before the court hearing.

o   Mediation is an informal process where a neutral third party helps the parties reach a mutually agreeable settlement.

·       Court hearing

o   If mediation is unsuccessful or not required, the case proceeds to a court hearing.

o   The hearing is conducted by a judge, and both parties present their evidence and arguments.

o   The judge may ask questions, review evidence, and decide based on the facts presented.

·       Judgment

o   After the hearing, the judge will issue a judgment, which is a formal decision on the case.

o   If the plaintiff wins, the judgment will specify the amount the defendant owes and any other terms of the decision.

o   If the defendant wins, the case will be dismissed, and the plaintiff may be ordered to pay the defendant's court costs.

What are best practices for preparing for a case in Small Claims court?

To prepare effectively for a Small Claims court, consider the following best practices:

• Gather evidence

• Collect all relevant documents, such as contracts, receipts, invoices, or photographs that support your case.

• Organize your evidence in a clear and logical manner.

• Make copies of your evidence to provide to the court and the opposing party.

• Prepare your testimony

• Write a clear, concise statement of your case, including the key facts and timeline of events.

• Practice presenting your testimony, focusing on the most important points and speaking clearly and confidently.

• Anticipate questions the judge or the opposing party may ask and prepare responses.

• Attend all required hearings and meetings

• Arrive at the courthouse early on the day of your hearing.

• Dress appropriately and maintain a professional demeanor.

• Be respectful to the judge, court staff, and the opposing party.

• Present your case clearly and concisely

• During the hearing, present your evidence and testimony in a clear, organized manner.

• Focus on the key facts and avoid emotional or irrelevant arguments.

• Be prepared to answer questions from the judge or the opposing party.

This article outlines the basics of Small Claims in Oregon. Please keep in mind that this article does not constitute legal advice. Moreover, if you have questions or would like more information, please reach out to As Your Counsel at hello@aycpdx.com.