Small Claims

ORS 55.011
Small claims department

  • jurisdiction


(1)

Except as provided in subsection (8) of this section, in each justice court created under any law of this state there shall be a small claims department.

(2)

Except as provided in this section, all actions for the recovery of money, damages, specific personal property, or any penalty or forfeiture must be commenced and prosecuted in the small claims department if the amount or value claimed in the action does not exceed $750.

(3)

Except as provided in this section, an action for the recovery of money, damages, specific personal property, or any penalty or forfeiture may be commenced and prosecuted in the small claims department if the amount or value claimed in the action does not exceed $10,000.

(4)

Class actions may not be commenced and prosecuted in the small claims department.

(5)

Actions providing for statutory attorney fees in which the amount or value claimed does not exceed $750 may be commenced and prosecuted in the small claims department or may be commenced and prosecuted in the regular department of the justice court. This subsection does not apply to an action based on contract for which attorney fees are authorized under ORS 20.082 (Attorney fees for small contract claims).

(6)

Jurisdiction of the person of the defendant in an action commenced in the small claims department shall be deemed acquired as of the time of service of the notice and claim.

(7)

Except as provided in ORS 55.065 (Admission or denial of claim) (2)(c), the provisions of ORS 55.020 (Commencement of action) to 55.140 (Separate docket for small claims department) shall apply with regard to proceedings in the small claims department of any justice court.

(8)

If a justice court is located in the same city as a circuit court, the justice court need not have a small claims department if the justice court and the circuit court enter into an intergovernmental agreement that provides that only the circuit court will operate a small claims department. If an intergovernmental agreement is entered into under this subsection, the agreement must establish appropriate procedures for referring small claims cases to the circuit court. [1963 c.404 §2 (enacted in lieu of 55.010); 1965 c.569 §2; 1973 c.625 §3; 1973 c.812 §7; 1975 c.346 §2a; 1975 c.592 §2; 1983 c.673 §6; 1985 c.367 §3; 1987 c.725 §3; 1989 c.583 §1; 1995 c.227 §4; 1997 c.801 §108; 1999 c.84 §5; 1999 c.673 §4; 2001 c.542 §6; 2007 c.125 §5; 2011 c.595 §53]
§§ 55.011 to 55.140

Law Review Citations

55 OLR 188-196 (1976)


Source

Last accessed
Jun. 26, 2021