Small Claims Department of Circuit Court

ORS 46.485
Extent and effect of small claims judgment


In addition to any other award, the prevailing party shall be entitled to a judgment for the small claims filing fees and service expenses paid by the party and the prevailing party fee provided for in ORS 20.190 (Prevailing party fees) (1)(c) or (2)(b). The prevailing party may also be awarded prevailing party fees under ORS 20.190 (Prevailing party fees) (3). The award shall be paid or the property delivered upon such terms and conditions as the judge may prescribe.


The court may allow to the defendant a setoff not to exceed the amount of plaintiff’s claim, but in such case the court shall cause to be entered in the record the amount of the setoff allowed.


No attachment shall issue on any cause in the small claims department.


A judgment in the small claims department is conclusive upon the parties and no appeal may be taken from the judgment.


The clerk of the court shall keep a record of all actions, proceedings and judgments in the small claims department.


A judgment in the small claims department is a judgment of the circuit court. The clerk shall enter such judgment in the register of the circuit court in the manner provided by ORS 18.075 (Entry of judgments in circuit courts generally). A judgment in the small claims department may create a lien as provided by ORS 46.488 (Lien effect of small claims judgments). Judgments that include money awards, as defined by ORS 18.005 (Definitions), are subject to ORS 18.042 (Judgment in civil action that includes money award). [1971 c.760 §10; 1977 c.875 §7; 1985 c.540 §17; 1991 c.111 §7; 1995 c.618 §9; 1995 c.658 §52; 1997 c.801 §60; 1999 c.84 §8; 2003 c.576 §91]

Attorney General Opinions

Fees and costs as separable item, (1972) Vol 36, p 92

Law Review Citations

28 WLR 625 (1992)


Last accessed
May 30, 2023