Content Overview
When dealing with financial disputes in Oregon, the Small Claim form serves as a vital tool for individuals seeking resolution without the complexities of traditional court procedures. This straightforward document is designed for cases where the amount in question is typically less than $10,000, allowing plaintiffs to pursue their claims efficiently. Key components of the form include essential information about both the plaintiff and defendant, such as names, addresses, and contact details. Additionally, it outlines the specific claim being made, including the amount owed and the reasons behind the claim. A declaration of bona fide effort is required, indicating that the plaintiff has attempted to resolve the issue before escalating it to court. The form also provides important instructions for defendants, detailing their options for responding within a specified timeframe. Understanding these elements is crucial for anyone looking to navigate the small claims process effectively.
Similar forms
The Oregon Small Claim form shares similarities with several other legal documents. Each of these documents serves a specific purpose in the legal process, but they all aim to facilitate the resolution of disputes. Below are six documents that are similar to the Oregon Small Claim form:
- Complaint Form: Like the Small Claim form, a Complaint form is used to initiate a legal action. It outlines the plaintiff's claims against the defendant and provides essential information about the parties involved.
- Summons: A Summons is issued alongside a Complaint and informs the defendant that they are being sued. It provides details about how to respond and the timeframe for doing so, similar to the notice included in the Small Claim form.
- Notice of Claim: This document is often used in administrative or governmental disputes. It serves as a formal notification to the other party about a claim being made, akin to the notification aspect of the Small Claim form.
- Affidavit of Service: This document confirms that legal papers have been delivered to the defendant. It parallels the Small Claim form's requirement for proof of service to ensure the defendant is aware of the claim against them.
- Counterclaim Form: If a defendant wishes to make their own claim against the plaintiff, they may use a Counterclaim form. This document allows the defendant to respond to the original claim, much like the options provided in the Small Claim form for the defendant to address the claim.
- Durable Power of Attorney: This essential document allows individuals to appoint someone to make significant financial and healthcare decisions on their behalf, ensuring their desires are honored when they cannot voice them. For more information, visit Illinois PDF Forms.
- Judgment Form: After a case is resolved, a Judgment form is used to document the court's decision. This is similar to the outcome of a Small Claim, where a judgment may be entered based on the claims made.
Preview - Oregon Small Claim Form
IN THE CIRCUIT COURT OF THE STATE OF OREGON
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Small Claims Department |
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Case No: ____________________ |
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Plaintiff |
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(Inmate ID #, if applicable, _____________) |
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SMALL CLAIM AND |
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) NOTICE OF SMALL CLAIM |
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Filing fee at ORS 46.570 |
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Defendant |
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Interpreter needed: Spanish Russian |
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Defendant is a public body |
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other: _______________ |
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PLAINTIFF (
Additional on attached page)
Name
Street
City / State / Zip
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DEFENDANT (
Additional on attached page)
Name (enter Registered Agent, if necessary, on next page)
Street (do not use a P.O. Box)
City / State / Zip
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I, Plaintiff, claim that on or about (date) |
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sum of $_____________ because |
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, and this amount is still due.
I have paid (or will pay):
filing fees of $_____________
and service costs of $____________
Claim $______________
+Fees $______________
+Costs $______________
TOTAL $______________
Form 15.010.1a – SMALL CLAIM AND NOTICE OF SMALL CLAIM – UTCR 15.010(1)(a) |
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DECLARATION OF BONA FIDE EFFORT
I, Plaintiff, have made a bona fide effort to collect this claim from the defendants before filing this claim
with the court clerk.
I hereby declare that the above statements are true to the best of my knowledge and belief, and that I understand they are made for use in court and I am subject to penalty for perjury.
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Plaintiff Signature |
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Email address* |
Plaintiff Name (print) |
*Some courts communicate with parties by email. By providing my email address I consent to receive notifications from the court by email instead of or in addition to other methods. I understand that if my email changes or if I choose to withdraw consent, I must notify the court in writing.
DEFENDANT’S REGISTERED AGENT:
Name
Street (do not use a P.O. Box)
City / State / Zip
Phone |
County |
Form 15.010.1a – SMALL CLAIM AND NOTICE OF SMALL CLAIM – UTCR 15.010(1)(a) |
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NOTICE TO DEFENDANT:
READ THESE PAPERS CAREFULLY!
Within 14 DAYS* after receiving this notice you MUST do ONE of the following things in
writing:
Pay the claim plus filing fees and service expenses paid by plaintiff (send payment directly to the plaintiff, not to the court) OR
Demand a hearing and pay the fee required (below) OR
Demand a jury trial and pay the fee required (below). This option is available only if amount claimed is more than $750.
If you fail to do one of the above within 14 DAYS* after you get this notice, the plaintiff may ask the court to enter a judgment against you. The judgment will be for the amount of the claim, plus filing fees and service costs paid by the plaintiff, plus a prevailing party fee. If you are not able to respond in time because you are in active military service of the United States, talk to a legal advisor about the Servicemembers Civil Relief Act.
COURT NAME / ADDRESS / PHONE #
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Defendant’s Filing Fees (must be filled in by the PLAINTIFF):
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To demand a hearing if the amount claimed is $2,500 or less |
$ ______ |
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To demand a hearing if the amount claimed is more than $2,500 |
$ ______ |
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To demand a jury trial (only if amount claimed is over $750) |
$ ______ |
If you have questions about filing procedures, go to www.courts.oregon.gov for information and instructions, or you may contact the court clerk. The clerk cannot give you legal advice about the claim.
*NOTE: If the plaintiff is an inmate (ORS 30.642) AND the defendant is a government agency or other public body (ORS 30.260), the defendant must respond within 30 days after receiving this Notice.
Form 15.010.1a – SMALL CLAIM AND NOTICE OF SMALL CLAIM – UTCR 15.010(1)(a) |
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Key takeaways
- Understand the Purpose: The Oregon Small Claim form is designed for individuals seeking to resolve disputes involving relatively small amounts of money without needing a lawyer.
- Complete the Form Accurately: Fill out the form with precise information about both the plaintiff and defendant, including names, addresses, and contact information. Avoid using P.O. Boxes for addresses.
- State Your Claim Clearly: Clearly articulate the reason for your claim, including the amount owed and the date of the incident. This clarity helps the court understand your case better.
- Filing Fees: Be prepared to pay the necessary filing fees, which vary depending on the amount you are claiming. Check the specific fees for your case on the form.
- Bona Fide Effort: You must declare that you made a genuine effort to collect the debt before filing your claim. This is an important step in the process.
- Responding to the Notice: If you are the defendant, you have 14 days to respond to the notice. You can pay the claim, demand a hearing, or request a jury trial if applicable.
- Seek Help if Needed: If you have questions about the filing process or need assistance, visit the Oregon court website or contact the court clerk. Remember, clerks cannot provide legal advice.
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File Details
| Fact Name | Description |
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| Governing Law | The Oregon Small Claim form is governed by ORS 46.570 and UTCR 15.010. |
| Filing Fee Requirement | Filing fees must be included as per ORS 46.570. |
| Claim Amount Limit | The maximum amount for small claims in Oregon is $10,000. |
| Response Time | Defendants must respond within 14 days of receiving the notice, unless they are an inmate. |
| Inmate Provisions | If the plaintiff is an inmate, the defendant has 30 days to respond if they are a public body. |
| Interpreter Services | The form allows for requests for interpreter services, including Spanish and Russian. |
| Bona Fide Effort | Plaintiffs must declare they made a bona fide effort to collect the claim before filing. |
| Email Communication | Plaintiffs can provide an email address for court notifications, consenting to electronic communication. |
| Judgment Consequences | If the defendant fails to respond, the plaintiff can request a judgment for the claimed amount plus fees. |
| Hearing and Jury Trial Options | Defendants can demand a hearing or jury trial, with specific fees depending on the claim amount. |
Documents used along the form
When filing a small claim in Oregon, there are several other documents that can be essential for supporting your case. These documents help clarify the details of the claim and ensure that all necessary information is provided to the court. Below is a list of four commonly used forms along with a brief description of each.
- Declaration of Bona Fide Effort: This document serves as a statement from the plaintiff, confirming that they have made a genuine attempt to resolve the issue with the defendant before taking legal action. It is important for demonstrating that you have tried to settle the matter amicably.
- Georgia Motorcycle Bill of Sale: For motorcycle transactions, utilizing a proper bill of sale is essential to document the transfer of ownership legally, similar to how vital the other forms are in the small claims process. You can find the necessary template at Forms Georgia.
- Notice to Defendant: This notice informs the defendant of the claim against them and outlines their options for responding. It includes critical deadlines and instructions, ensuring that the defendant is aware of their rights and responsibilities.
- Defendant’s Registered Agent Form: If the defendant is a business entity, this form provides the name and contact information of their registered agent. This is necessary for ensuring that legal documents are served correctly and that the defendant is properly notified of the claim.
- Filing Fee Payment Form: This form details the fees associated with filing the small claim, including any costs for demanding a hearing or a jury trial. It is essential for ensuring that all financial obligations are met when initiating the claim.
Having these documents prepared and organized can significantly streamline the process of filing a small claim in Oregon. They not only provide clarity to the court but also help ensure that both parties understand their rights and obligations throughout the legal proceedings.