Small Claims

Our window is open and phones are answered Monday - Thursday (excluding holidays) from 8:00 a.m. to 4:00 p.m. 

THE JUSTICE COURT WILL BE CLOSED ON FRIDAYS.

 If you need assistance over the telephone, please call (503) 842-3416.

The Justice Court courtroom is open for in-person court hearings. This is subject to change and you can get up-to-date information by calling the Court at (503) 842-3416.  MASKS ARE REQUIRED IN THE COURT ROOM

A small claim is a civil lawsuit involving a claim for money that is equal or less than $10,000. Lawyers are not allowed to represent clients unless permission is given by the court prior to the trial. To start a small claims case, the person making the claim (the "plaintiff") fills out a Claim and Notice of Claim and submits them to the court. The Claim contains a summary of the reason for the lawsuit. There is a  $37.00 filing fee paid to Justice Court. It is up to the Plaintiff to have the Defendant (the person allegedly owing the money) served with a copy of the Claim and Notice of Claim. The Plaintiff cannot make this service (most people ask the Sheriff's Office to make this service). The Sheriff's office requires that the Plaintiff provide the Sheriff with a Sheriff's Instructions for Service form. The Sheriff's office charges $50.00 to serve one or two people.

Once the defendant is served with the Claim and Notice of Claim, the defendant has 14 days to file an Answer.  An Answer denies all or part of the claim. The defendant can also sue the plaintiff with a Counterclaim. The filing fee for an Answer is $37.00. A counterclaim has no fee in addition to the Answer fee of $37.00. If the defendant does not file an Answer, after 14 days, the plaintiff can ask the court for a default judgment. All forms are on our website. 

If the defendant files an Answer or Counterclaim, the court will schedule a trial and send both parties a trial notice. At trial, it is up to the parties to bring in witnesses and exhibits (papers, photos, etc) to prove their case.   That is, what are the facts showing that the judge should award money to the plaintiff. Witnesses testify under oath, and the judge can ask the witness questions. At the end of the trial, the Judge has to decide the issues of fact and the legal issues, and then decide which party should be awarded a money judgment. A judgment is issued once the judge has ruled on the case. The law allows an appeal to Circuit Court for a  new trial. The appealing party needs to obtain a bond for the amount of the money judgment entered against them, as part of the appeal process. If the court awards a money judgment, it is up to the party receiving that money judgment to collect it from the other party.  

To transcribe the judgment to Circuit Court, you will need to submit $18 to the Justice Court ($9 to move from the small claims to the civil docket, plus $9 for the transcript) and another $18 to Circuit Court for filing in that court.  The Justice Court will forward the $18 along with the prepared transcription to the Circuit Court.

The court cannot give legal advice.  Legal advice includes helping you choose words to describe your claim, or tell you how much money you should ask for.  If you want legal advice, you can contact a lawyer, look up the law at the county library, or use a computer.  The Oregon State Bar has a web page which gives some directions for legal advice: Oregon State Bar.  Legal Aid Information. Legal Aid's phone number is 1-888-245-4091.

Small Claims Court video (Oregon State Bar)

If you need to reach the Justice Court by email: Justice.Court@tillamookcounty.gov