Oregon Small Claims Court Guide

Oregon Quick Facts

How to File in Oregon Circuit Court

Oregon is one of the few states where small claims are handled by the Circuit Court — the same court that hears major civil cases, felonies, and family law matters. Don't let that intimidate you: the small claims department uses simplified rules, informal hearings, and is designed for people without lawyers. One key detail for deposit cases: Oregon's return deadline is 31 days, not the more common 30. Filing before day 31 could get your case dismissed.

1. Wait the full 31 daysOregon gives landlords 31 days — not 30 — to return your deposit under ORS § 90.300. Count carefully from your move-out date. If you file before the 31 days are up, the court may dismiss your case. Use this time to organize your evidence and send a demand letter if you haven't already.
2. Gather your documentationCollect your rental agreement, move-in/move-out condition reports, photographs, your demand letter with proof of delivery, and all communication with your landlord. Oregon courts value thorough documentation, especially photos showing the unit's condition at move-in versus move-out.
3. File at the Circuit Court clerk's officeGo to the Circuit Court in the county where the defendant lives or where the rental property is located. Oregon has Circuit Courts in every county. Ask the clerk for the small claims form (Form 10, Plaintiff's Small Claims). Many Oregon courts also offer online filing.
4. Pay the filing fee & serve the defendantPay $35 for claims up to $2,500, $45 for claims between $2,500 and $5,000, or $55 for claims between $5,000 and $10,000. Service can be done by certified mail (return receipt requested), the sheriff, or a private process server. File proof of service with the court.
5. Present your case at the hearingHearings are informal — no formal rules of evidence, no jury. Present your case chronologically: when you moved out, the condition of the unit, what the landlord deducted, and why those deductions were improper. Cite ORS § 90.300 and emphasize bad faith if applicable (for the 2× penalty). The judge typically rules at the hearing.

Oregon Filing Fees

Oregon uses a three-tier fee structure. Claims of $2,500 or less cost $35. Claims between $2,501 and $5,000 cost $45. Claims between $5,001 and $10,000 cost $55. Service of process adds approximately $15–$50 depending on whether you use certified mail or the sheriff.

Fee waivers (called "deferrals" in Oregon) are available for those who qualify based on income. Ask the clerk for the fee waiver application. If you win your case, the judge can order the defendant to reimburse your filing fees, service costs, and attorney fees as part of the judgment.

What You Can Sue For

• Security deposits — Landlord failed to return your deposit within 31 days or made bad faith deductions under ORS § 90.300 (2× penalty for bad faith + court costs + attorney fees; no deposit cap during first year of tenancy)
• Property damage — Someone damaged your vehicle, personal belongings, or other property worth up to $10,000
• Breach of contract — A party didn't deliver on a written or verbal agreement for goods, services, or payments
• Habitability claims — Landlord failed to maintain the rental in habitable condition, causing you damages

Frequently Asked Questions