Oregon Small Claims Court: $10,000 Limit, Fees and How to File

In Oregon, you can file a small claim for up to $10,000 in the small claims department of your county's circuit court, and if your claim is $750 or less you generally must file it there. Both rules come from ORS 46.405, which allows small claims "if the amount or value claimed in the action does not exceed $10,000." The statute's history lists 2019 as the last amendment to ORS 46.405.

This guide walks through an Oregon small claims case from filing to collecting the money. For other states, see our guide to small claims court by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the small claims department of Oregon circuit courts under ORS chapter 46, with the related Oregon Judicial Department fee schedule and the judgment and interest rules in ORS chapters 18 and 82. Oregon justice courts also hear small claims, but their procedures are not covered here. It does not cover evictions, regular circuit court civil cases, or small claims in other states.

Oregon small claims limit: $10,000 ceiling, $750 floor

Oregon has a ceiling and a floor:

The $10,000 limit applies to actions for money, damages, specific personal property, or a penalty or forfeiture, measured by the amount or value claimed. The circuit judges sit as judges of the small claims department (ORS 46.405(1)).

One dispute, one claim. ORS 46.425(3) says "the plaintiff must include in a claim all amounts claimed from the defendant arising out of a single transaction or occurrence." So you cannot break one dispute into several small claims to stay under $10,000. Landlord-tenant actions under ORS chapter 90 are the exception. You can combine claims from different transactions against the same defendant if the total stays at or under $10,000, and on an installment debt you can claim only the installments due when you file.

ORS chapter 46 does not say whether you can give up the part of a claim above $10,000 to fit under the limit. If your losses are larger than $10,000, talk to the clerk or a lawyer before you file, because what happens to the excess is not settled in the sources we reviewed.

What you can sue for and who can file

Oregon small claims handles claims for money, damages, specific personal property, or a penalty or forfeiture (ORS 46.405(3)). Some cases cannot be filed there at all:

• Class actions. ORS 46.405(4) says: "Class actions may not be commenced and prosecuted in the small claims department."
• Suits between people in custody. An adult in custody cannot use small claims to sue another adult in custody (ORS 46.405(4)).

The Oregon Judicial Department's plaintiff instructions add rules for particular plaintiffs and defendants:

• Debt buyers and their collectors must comply with Uniform Trial Court Rule 5.180(2) and ORS 646A.670, or the case may be dismissed. Other consumer-debt claims must be captioned "SUBJECT TO UTCR 5.180(3)."
• Suing a state agency requires serving both the agency and the Oregon Attorney General. Against a public body, you must give notice of intent to apply for a default and wait 10 days before asking for one.

Assignees may prosecute assigned claims in Oregon small claims (ORS 46.415).

Every claim also has a filing deadline. Check the Oregon statute of limitations for your type of claim, or estimate it with our statute of limitations calculator. If your dispute is over a rental deposit or repairs, Oregon landlord-tenant laws explains the underlying rules.

Before you file: the good-faith collection effort

Oregon does not require a formal demand letter, but you cannot skip asking. Your claim must state that you made a good-faith effort to collect before filing, and the claim is sworn or declared under penalty of perjury (ORS 46.425(2)(b), (c)). A written request for payment, kept with a copy, is the simplest way to show that effort.

Many Oregon courts offer or require mediation before a small claims trial. Multnomah County, for example, runs a small claims pre-trial mediation program. Mediation is not mandatory statewide, so check your own circuit court.

How much it costs to file

The Oregon Judicial Department's circuit court fee schedule, effective January 1, 2026, sets two filing fees:

Service costs are separate. You pay the sheriff or private process server directly (the instructions call for a separate check to each county sheriff), and certified mail costs postage. There is no statewide service fee in the official sources.

Fee waiver or deferral. If you cannot afford the fee, file a Fee Deferral or Waiver Application and Declaration. A waived fee is not paid at all; a deferred fee is paid later on the court's instructions (OJD plaintiff instructions; ORS 21.682).

Can you bring a lawyer?

Only with the judge's permission. ORS 46.415 says: "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."

That is not the same as a ban. You can consult a lawyer at any time to prepare. Businesses and other parties that are not natural persons, the state, and local governments can appear without a lawyer, and one spouse may appear for both spouses with consent (ORS 46.415). If a defendant demands a jury trial or a case moves to the regular side of circuit court, ordinary procedure applies and lawyers can appear.

Where to file

File in the circuit court of the county where at least one defendant lives or can be found. For a tort claim (such as a car accident or property damage), you can also file in the county where the claim arose, and for a contract claim you can also file where the defendant was supposed to perform (ORS 46.560).

Serving the defendant

The clerk issues the notice of small claim, but serving it is your job. Under ORS 46.445, you can choose service in the same way as a summons, or certified mail marked "Deliver to Addressee Only, Return Receipt Requested." If certified mail fails, you must serve the notice as a summons.

The OJD plaintiff instructions list the usual methods: personal service by the sheriff, a private process server or any non-party adult 18 or older; substituted service; office service; mail; or the defendant signing an Acceptance of Service.

Watch two deadlines from the instructions:

• Proof of service within 63 days. "If proof of service is not filed within 63 days of filing your Claim, your case may be dismissed without notice to you."
• Default request within 51 days. If the defendant does not respond, request a default within 51 days after you file proof of service.

If you are the defendant: 30 days to respond

The notice tells you: "Within 30 DAYS after receiving this notice you MUST do ONE of the following things." Your three options (ORS 46.445, 46.455) are:

1. Pay the claim plus the plaintiff's filing fee and service expenses.
2. Demand a hearing and pay the hearing fee.
3. Demand a jury trial, if the total claimed is more than $750, and pay the regular circuit court appearance fee ($170 for a claim of $10,000 or less under ORS 21.160).

The 30-day period comes from a 2025 law, HB 2463 (Oregon Laws 2025, chapter 197), which extended the response time from 14 days and applies to claims filed on or after January 1, 2026, according to the Oregon State Bar's 2025 legislative summary. A claim filed before then kept the old 14-day period. Older guides still say 14 days.

If you do none of these, the clerk enters a default judgment on the plaintiff's written request for the claim, fees and a prevailing party fee. As the Federal Trade Commission warns, "Don't ignore a lawsuit, or you might lose the chance to fight a court order." Before any default judgment, federal law also requires the court to have the plaintiff file an affidavit stating whether the defendant is in military service (50 U.S.C. § 3931).

Counterclaims. A counterclaim must arise from the same transaction or occurrence as the plaintiff's claim. If your counterclaim is more than $10,000, the court strikes it unless you move to transfer the case to the regular side of circuit court; after a transfer, the plaintiff's claim is no longer capped at $10,000 (ORS 46.445 to 46.475).

Jury trial. Under ORS 46.455(3), as amended in 2025, if the amount claimed, "including identified prejudgment or preaward interest, fees and costs, exceeds $750, the defendant has a constitutional right to a jury trial." Demanding one has consequences: the plaintiff then has 20 days to file a formal complaint, the plaintiff's claim is no longer limited to the small claim amount, and if you lose, the plaintiff can recover reasonable attorney fees, capped at $1,000 unless a contract or statute provides otherwise (ORS 46.445 to 46.475). If the plaintiff misses that 20-day deadline, the clerk dismisses the case without prejudice (ORS 46.475(3)). After the plaintiff serves the formal complaint, the defendant must file an appearance within 10 days of when the summons would arrive by mail (ORS 46.465(3)(c)); if the defendant does not, the clerk can enter a default judgment (ORS 46.475(2)).

The hearing

Small claims hearings in Oregon are informal. The statute says their sole object is to dispense justice promptly and economically, and the judge may informally consult witnesses or otherwise investigate the dispute (ORS 46.415(3)). A circuit judge hears the case.

The clerk mails the hearing notice. If you cannot attend, the OJD instructions say you must give the court a good reason in writing at least 14 days before the hearing date. Bring your witnesses and documents: the contract, receipts, repair estimates, photos, texts and emails, with copies for the judge and the other side. If you want to make an audio or video recording of the hearing, you need the judge's permission in advance. The official sources do not give a statewide average time to a hearing.

If the plaintiff does not appear, the claim is dismissed with prejudice, which means it cannot be refiled. If neither side appears, it is dismissed without prejudice (ORS 46.465(1), 46.475(4)).

No appeal in Oregon circuit court small claims

Small claims in Oregon circuit court has no appeal. ORS 46.485(4) says: "A judgment in the small claims department is conclusive upon the parties and no appeal may be taken from the judgment." There is no new trial in a higher court. That is the main reason a defendant facing a claim of more than $750 may weigh demanding a jury trial instead, and it means both sides should bring all their evidence to the one hearing. This rule is for circuit court. If your case was heard in a justice court small claims department, ORS 52.815 lets the defendant appeal the plaintiff's claim to circuit court, with exceptions that include a default judgment and a justice court that has become a court of record; the notice of appeal is due within 30 days of entry of the judgment (ORS 55.160).

Missed the hearing? ORS 46.475(5) gives one way back: "Upon good cause shown within 60 days, the court may set aside a default judgment or dismissal and reset the claim for hearing." Ask the clerk for the motion form as soon as you learn of the judgment.

Collecting your judgment

Winning does not guarantee payment, and the court does not collect for you. The OJD instructions put collection on the winner and say you must first send the debtor a written demand for payment by certified mail, return receipt requested. After that:

• Garnishment. A writ of garnishment, issued for $47, can reach wages through an employer or money in a bank account (a bank search fee also applies). A writ of execution is also $47.
• Debtor examination. Multnomah County's small claims page describes requesting a hearing to examine the debtor about assets after a writ comes back unsatisfied or a demand is ignored.
• Judgment lien. A small claims judgment is entered in the circuit court register. Whether it becomes a lien on real property depends on its size: no lien for a judgment under $10; for a judgment from $10 to under $3,000, a lien arises if you pay the fee under ORS 21.235(1)(a); at $3,000 or more, the clerk notes the lien automatically (ORS 46.488).
• Interest. ORS 82.010(2) says "the rate of interest on judgments for the payment of money is nine percent per annum," simple interest, unless a contract sets a higher rate.
• How long it lasts. Civil judgment remedies expire 10 years after entry (ORS 18.180(3)). You can extend them once, for another 10 years, by filing a certificate of extension with the court before they expire (ORS 18.182).
• No pre-judgment attachment. You cannot freeze the defendant's property before you win in small claims.
• Marking it paid. File a Satisfaction of Judgment when you are paid; there is no fee.

Some property and income are protected from collection. Oregon's exemption rules start at ORS 18.345; see Oregon debt collection laws before you plan a garnishment or if you are the one being collected from. Federal law also protects Social Security benefits from "execution, levy, attachment, garnishment, or other legal process" (42 U.S.C. § 407(a)) and VA benefits from creditors' claims (38 U.S.C. § 5301(a)(1)). If a garnishment is already underway against you, see how to stop wage garnishment.

Forms and court help

• OJD Small Claims Plaintiff Instructions (January 2026), the statewide step-by-step guide.
• OJD 2026 Circuit Court Fee Schedule, effective January 1, 2026.
• ORS chapter 46, the full small claims statute.
• Multnomah County Circuit Court small claims, one county's filing and mediation information. Other circuit courts post their own.

Related

• Small claims court by state
• Oregon statute of limitations
• Oregon debt collection laws
• Oregon landlord-tenant laws
• Washington small claims court
• California small claims court

Disclaimer: This article provides general legal information about the small claims department of Oregon circuit courts under ORS chapter 46 and related Oregon statutes and court fee schedules, verified on 2026-10-07. It is not legal advice and does not create an attorney-client relationship. For help with your situation, contact your circuit court clerk or self-help resources, a legal aid office, or a lawyer licensed in Oregon.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small claims limit in Oregon?

You can file a small claim in an Oregon circuit court if the amount or value claimed does not exceed $10,000 (ORS 46.405(3)). Claims of $750 or less generally must be filed in small claims (ORS 46.405(2)).

Can I sue for more than $10,000 in small claims in Oregon?

No. ORS 46.405(3) caps small claims at $10,000, and ORS chapter 46 does not say whether you can give up the excess to fit under the cap. A larger claim belongs in the regular civil side of circuit court.

How much does it cost to file small claims in Oregon?

Under the Oregon Judicial Department's 2026 fee schedule, $57 for a claim of $2,500 or less and $102 for a claim over $2,500. Service costs are paid separately, and you can apply for a fee deferral or waiver.

Can a lawyer represent me in Oregon small claims court?

Only with the judge's consent (ORS 46.415). You can consult a lawyer at any time, and if the defendant demands a jury trial the case moves to regular procedure, where lawyers are allowed.

Can I appeal a small claims judgment in Oregon?

Not if your case was in circuit court: ORS 46.485(4) says a circuit court small claims judgment is conclusive upon the parties and no appeal may be taken from it. Justice court small claims are different: the defendant may appeal the plaintiff's claim to circuit court within 30 days of entry, with exceptions that include a default judgment and a justice court that has become a court of record (ORS 52.815, 55.160). If you missed the hearing, you can ask the court within 60 days, on good cause shown, to set aside a default judgment or dismissal (ORS 46.475(5)).

How long does the defendant have to respond to an Oregon small claim?

30 days after service, under the 2025 amendment (HB 2463) for claims filed on or after January 1, 2026. Within that time the defendant must pay, demand a hearing, or demand a jury trial if more than $750 is claimed.

How long do I have to serve the defendant?

The Oregon Judicial Department's instructions say that if proof of service is not filed within 63 days of filing your claim, the case may be dismissed without notice to you.

How long is an Oregon small claims judgment good for?

Under ORS 18.180(3), civil judgment remedies expire 10 years after entry, and the creditor can extend them once, for another 10 years, by filing a certificate of extension before they expire (ORS 18.182). The judgment earns simple interest at 9% a year, or a higher contract rate if one applies (ORS 82.010(2)).