Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.
1–3 weeks before filing
You must make a good faith effort to collect before you file, and your claim form must say you did. A demand letter is the usual way.
Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.
In Oregon you can sue for up to $10,000 in the Small Claims Department of the Circuit Court.
Run the 60-second case check to see the last day you can file.
Use the company's exact legal name and serve its registered agent.
1–2 evenings
Small Claim and Notice of Small Claim: Small Claim and Notice of Small Claim. Get the form.
Sign the claim under penalty of perjury, including the statement that you tried to collect first; no notary is needed.
Bring the original and one copy for each defendant, plus one for yourself.
Filing day
Choose how you'll file:
File in the circuit court of the county where the defendant lives, where the injury or problem happened, or where the contract was to be carried out. Don't file in city or municipal court.
$57 for claims of $2,500 or less and $102 for claims over $2,500. The defendant pays the same amount to ask for a hearing. Service costs extra. Can't afford it? Ask for a fee waiver: Fee Deferral or Waiver Application and Declaration.
The court gives you a case number. You then serve the defendant and file proof of service; in Multnomah County this must be within 63 days or the case can be dismissed.
Right after filing
Use the sheriff, a process server, or an adult Oregon resident who isn't part of the case. You can also use certified mail with restricted delivery, but only if the defendant signs the green card. If you sue a state agency, also serve the Attorney General.
After being served, the defendant has 30 days to pay, ask for a hearing, or ask for a jury trial.
Certificate of Service
The person who served the papers fills out the Certificate of Service, and you file it with the court. For certified mail, file the signed green card too.
Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.
1–4 weeks before
Within 30 days the defendant can pay you, ask for a hearing, or ask for a jury trial if the claim is over $750, each in writing with a fee. A counterclaim must be about the same event.
If you settle, file a dismissal or a Satisfaction of Judgment so the court closes the case.
Get any settlement in writing, signed by both sides, with the amount and payment date.
A witness who saw what happened is stronger than a written statement; some judges won't accept letters.
Ask the court clerk how to subpoena a witness who won't come voluntarily.
Hearing day
Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.
If the defendant doesn't respond in 30 days, you can ask for a default judgment. If you can't come to a hearing, tell the court in writing at least 14 days before.
Weeks to months
Neither side can appeal. The judge's decision is final.
The court doesn't collect for you. If they don't pay, you can use a writ of garnishment on wages or a bank account, or ask the court to order the debtor to come in and answer questions about their assets.
Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.