Oregon Statutes 46.405 – Small claims department; jurisdiction
(1) Except as provided in subsection (6) of this section, each circuit court shall have a small claims department.
Terms Used In Oregon Statutes 46.405
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Personal property: All property that is not real property.
(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)(a) Class actions may not be commenced and prosecuted in the small claims department.
(b) An action by an adult in custody, as defined in ORS § 30.642, against another adult in custody 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 circuit court. This subsection does not apply to an action based on contract for which attorney fees are authorized under ORS § 20.082.
(6) If a circuit court is located in the same city as a justice court, the circuit court need not have a small claims department if the circuit court and the justice court enter into an intergovernmental agreement that provides that only the justice 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 justice court.
[1971 c.760 § 2; 1973 c.812 § 2; 1975 c.592 § 1; 1979 c.567 § 1; 1983 c.242 § 1; 1985 c.367 § 1; 1987 c.725 § 1; 1995 c.227 § 1; 1995 c.658 § 43; 1997 c.378 § 1; amendments by 1997 c.378 § 2 repealed by 1999 c.84 § 9; 1997 c.801 § 78; 1999 c.84 § 1; 1999 c.673 § 1; 2001 c.542 § 5; 2007 c.125 § 1; 2011 c.262 § 4; 2011 c.595 § 47; 2019 c.213 § 13]
[Amended by 1959 c.326 § 1; 1965 c.569 § 1; 1969 c.683 § 1; repealed by 1971 c.760 § 11]