Small Claims Court in Deschutes County

In Deschutes County, OR small claims cases are filed in Justice Court. Deschutes County has four Justice Courts that handle small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Deschutes Court System.

Small Claims Court

The Deschutes County Small Claims Court provides an efficient and cost-effective way to resolve disputes involving claims usually under $10,000. This court is designed to handle cases quickly and informally, streamlining the process for those involved.

A notable aspect of small claims courts is that individuals aren’t required to hire a lawyer; in fact, seeking legal representation often requires special permission from the judge. This structure empowers individuals to represent themselves, making it easier for them to navigate the system and resolve smaller legal disputes effectively.

Cases Handled

Small claims court is a venue for resolving disputes involving money or the recovery of personal property valued at under $750. It also allows individuals to bring claims between $750 and $10,000 if they choose to represent themselves and seek a timely resolution. However, certain cases are not eligible for small claims court, including class action lawsuits, specific actions involving inmates, and cases where statutory attorney fees apply if the claim exceeds $750.

The court is designed to provide an accessible and expedited process for those dealing with smaller legal disputes. Examples of cases typically handled in small claims court include:

• Tenant/Landlord Disputes
• Personal Injury Claims
• Stolen Property Recovery
• Damaged Property Claims
• Debt Collection
• Auto Repair Issues
• Poor Construction Work
• Product Defects
• Breaches of Contract or Verbal Agreements

Small Claim Process

To file a lawsuit in small claims court, follow these steps:

1. Attempt to Settle: Before initiating a lawsuit, make a sincere effort to resolve the dispute with the other party. You can do this through direct communication, whether by phone or in writing. Keep your messages clear and straightforward, avoiding emotional language, as they may be referenced later in court.
2. Prepare Your Affidavit: When you file your claim, you’ll need to sign an affidavit confirming that you've made a genuine attempt to settle the matter outside of court.
3. Gather Documentation: Collect all relevant documents that support your case. This includes contracts, receipts, correspondence, and any other evidence that can help substantiate your claim.
4. Identify the Parties: Determine who you are suing (the defendant) and where to file your case. As the plaintiff, it's your responsibility to prove your case, so having thorough documentation is essential.
5. Arrange Witnesses: If you have witnesses who can support your claim, gather their contact information and ensure they can attend the trial. Alternatively, you may arrange for them to testify by telephone, as written statements may not be accepted in court.
6. File Your Claim: Go to the courthouse where you wish to file your claim. Small claims forms are usually available at the court clerk's office. Complete the necessary forms accurately and be prepared to pay the filing fee, which varies by jurisdiction.
7. Serve the Defendant: After filing your claim, you must serve the defendant with a copy of the court papers. This typically involves delivering the documents directly to the defendant or sending them by certified mail, depending on the court's rules.
8. Prepare for Court: Once the defendant is served and a hearing date is set, prepare by reviewing your evidence and practicing how you will present your case. Stay organized and ready to effectively communicate your points in court.

Gathering Information

To file a lawsuit effectively in small claims court, you’ll need to gather the following information and make certain preparations:

1. Your Information: Provide your full name and address. This ensures the court has your contact details for any correspondence regarding your case.
2. Defendant's Information: Collect the complete name and address of each individual or business you are suing. Accuracy is essential, as any errors in names or addresses can hinder the court's ability to grant a judgment. If you're suing a business, verify its details through the Oregon Secretary of State’s office or their online portal to ensure you have the correct legal entity and registered agent information.
3. Claim Amount: Clearly specify the amount you are claiming in damages. Small claims court typically handles claims of $10,000 or less.
4. Basis of Claim: Prepare a clear and concise statement outlining the basis of your claim. Include the date the claim arose and any other relevant dates or events that support your case.
5. Filing Fees: Be ready to pay the required filing fees when you submit your claim. These fees cover the administrative costs associated with processing your lawsuit.

By gathering this information and ensuring all details are accurate and complete, you’ll be well-prepared to file your lawsuit in small claims court in Oregon. This preparation will help you present your case clearly and professionally to the court.

Filing a Case

Once you’re ready to begin your lawsuit, follow these steps to file in small claims court in Oregon:

1. Visit the Small Claims Department: Head to the Small Claims Department at the courthouse where you plan to file your claim. The courthouse clerk will provide you with the necessary forms to initiate your claim. While they can offer limited assistance in filling out the forms, keep in mind that they cannot provide legal advice.
2. Filing Your Documents: Carefully complete your small claims documents, ensuring all information is accurate and truthful. When you file, you’ll need to swear under oath that your statements are true. Be prepared to pay the required filing fees, which typically must be paid in cash, by money order, or via company check. Personal checks are generally not accepted.
3. Jury Trial Option: If you prefer a jury trial, you can opt to pay an additional fee for this option. This fee can usually be included in the amount you’re seeking in your claim if you win.
4. Proceeding in Court: After filing your claim, the court will schedule a hearing date. Prepare to present your case effectively, bringing all necessary evidence and witnesses to support your claim.

Where to file

If you have an accident claim (tort), you can file it in the county where the accident took place or where the person you are suing resides. If your claim is related to a service or purchase, you can file in the county where the service was intended to be provided or where the business is located.

In certain situations, you have options for where to file your lawsuit. For example, if the person you’re suing lives in one county but agreed to provide services in another, you can choose to file your lawsuit in either of those counties. This flexibility allows you to select a venue that may be more convenient for your case.

Filing Fees

Filing fees can vary by county, typically ranging from $50 to $100, depending on the value of your claim and the specific court where you file. If you are a defendant in small claims court and wish to contest a claim against you, there may also be a fee associated with that process. Since these fees can differ between courts, it's advisable to check with the clerk's office for the exact amounts applicable to your situation.

Serving the Defendant

• Serve the Defendant: After filing your claim, you must inform the defendant by serving them with a copy of the claim and notice of your lawsuit.
  • The court will provide instructions on how to deliver this notice.
  • You can typically use the sheriff's office or hire a private process server for service.
• Confirm Service: About two weeks after filing, call the court clerk to:
  • Confirm whether the defendant has been served.
  • Obtain the exact date of service, which is crucial for scheduling the trial.
• Check Trial Date:
  • Verify the trial date with the court clerk, as it is determined by the service date.
  • Plan to arrive at the courthouse early, as some locations may have security checks and long lines.

Interpreter

• Request Interpreter Services: If you or any of your witnesses need an interpreter, you can request interpreter services from the court.
  • Make sure to submit this request well in advance of the trial date.
  • This is especially important if interpreter availability in your county is limited.

Defendant

Defendant's Actions Upon Receiving Notice of Claim

The defendant must respond within 14 days by choosing one of the following options:

• Acknowledgment and Payment:
  • The defendant can acknowledge that the claim is valid and pay the amount to the court clerk.
  • If there is disputed property, they must deliver it to you along with any fees you’ve paid.
  • After making the payment, you must provide them with proof, which they will then send to the court.
• Request a Hearing and Counterclaim:
  • The defendant may request a hearing to dispute your claim or assert a counterclaim against you.
  • If their counterclaim exceeds $10,000, the case will need to be moved to a circuit court.
• Request a Jury Trial:
  • If your claim against them is more than $750, they have the right to request a jury trial.
  • The court clerk will inform both parties about the next steps, including potential arbitration or filing a formal complaint.

**Note: It’s crucial for both parties to follow these procedures promptly to ensure the legal process proceeds smoothly and fairly.

If the Defendant Fails to Respond

• If the defendant does not respond to your small claims court filing, you can request a default judgment by submitting a form to the court clerk.
  • This allows the court to rule in your favor for the amount you’re claiming, plus court costs.
• It’s important to monitor the case progress by checking with the clerk regularly.
  • If you do not file for default judgment and the defendant fails to respond within 90 days, your claim may be dismissed.

Court

Court Proceedings

• Mediation Process:
  • Judges often start with mediation to encourage communication between the parties and seek an agreement with the assistance of a neutral mediator.
  • If mediation is not selected or does not result in a resolution, a hearing will proceed.
• Hearing Details:
  • The hearing may take place on the same day as mediation and typically lasts about two to three hours.
  • Both sides will present their cases during the hearing.
• Preparation for the Hearing:
  • Bring witnesses and supporting evidence, such as:
    • Photos
    • Documents
    • Receipts
    • Contracts
  • Everything presented in court influences the judge's decision.
• Providing Clarity:
  • For complex cases, consider submitting a written summary to clarify your position.
• Judge’s Review:
  • The judge reviews all evidence presented, questions both parties and witnesses, and then announces a decision either immediately or at a later time.

During the Hearing

Hearing Process

• Docket Call:
  • The court begins with a docket call to announce your case.
  • You should respond when your case is called.
  • The judge usually explains the trial procedure and welcomes any questions for clarification.
• Trial Commencement:
  • When the trial starts, both you and your witnesses will be sworn in to testify truthfully.
• Plaintiff’s Presentation:
  • As the plaintiff, you will present your case first.
    • This includes your prepared statement and any evidence, such as documents or photos.
    • You may call witnesses to support your claims.
• Defendant’s Presentation:
  • After you present your case, the defendant will have the opportunity to present their side.
    • This includes their own testimony and evidence.
• Deliberation and Decision:
  • Once both parties have presented their arguments and witnesses, and all questions have been addressed, the judge will deliberate on the facts.
  • The judge will then decide the outcome of the case, which may include determining any damages to be awarded.
  • If the judge requires more time to make a decision, they will inform both parties when to expect the verdict.

After Verdict

After the Judge's Decision

• Judgment Form:
  • After reaching a decision, the judge will complete a judgment form.
    • This form specifies the winning party and any monetary award or instructions regarding property.
• Obligation of the Losing Party:
  • The losing party is required to comply with the judgment.
    • This includes paying the awarded sum or delivering the specified property according to the court's directive.
• Conclusion of the Legal Process:
  • This marks the conclusion of the legal process for that particular case.

Collect Judgment

Collecting a Judgment

• Responsibility for Collection:
  • After obtaining a judgment, it is your responsibility to collect it, as the court does not do this on your behalf.
• Locating Assets:
  • You will need to locate assets owned by the defendant that can be used to satisfy the judgment.
• Options for Enforcement:
  • If the defendant refuses to pay, consider the following options:
    • Garnishment: You may garnish their wages or bank account.
      • Garnishment forms are not provided by the court and can be purchased from legal form stores.
      • Lien: Place a lien on the defendant's real property.
      • Seizure: Seize some of their personal property.
      • Sheriff's Assistance: Enlist the sheriff to recover your property.
• Requesting Information:
  • If you are unsure where the defendant banks or where their property is located, you can request the court to summon the defendant to provide information under oath about their assets.
• Cost Responsibility:
  • You are responsible for the costs associated with these enforcement methods.
    • However, these expenses can typically be recovered from the defendant.
• Additional Legal Documents:
  • Be prepared to prepare and file additional legal documents with the court as part of the enforcement process.

Losing the Case

###Potential Outcomes if You Lose Your Case

• Loss of Fees:
  • If you do not win your case and the judge rules against you, you will lose the fees you paid to initiate the lawsuit.
• Reimbursement to the Defendant:
  • You will be required to reimburse the defendant for:
    • The fees they paid to the court when requesting the trial.
    • Any prevailing party fees that may apply.
• Counterclaim Consideration:
  • If the defendant filed a counterclaim and the judge rules in their favor, they may be awarded money from you as part of the judgment.
• Financial Responsibilities:
  • It's important to consider these potential outcomes before pursuing legal action.
  • Prepare accordingly for the financial responsibilities involved in both winning and losing a case.

Let Squabble Help You With Your Small Claim at Deschute County

Don't allow the intricacies of the legal system to discourage you from pursuing justice and compensation for your claim. With Squabble, you have a dedicated partner to streamline the process and guide you toward resolution. Whether you're contemplating filing a claim at Dechutes County small claims court, Squabble is here to support you at every stage. Reach out to us today to commence your journey toward justice and compensation. Get started today and become one of the 95% of our customers who won or settled their case.

Courthouses Location:

1. Deschutes County Justice Court - Main Office

Redmond City Hall - Room 230
411 SW 9th St.
Redmond, OR 97756
(541) 617-4758
https://www.deschutes.org/court

BUILDING HOURS - Monday - Friday 8:00 a.m. to 4:00 p.m. closed everyday from noon to 1:00 pm, except court holidays.

2. Redmond Court

Redmond City Hall - Room 230
411 SW 9th St.
Redmond, OR 97756
(541) 617-4758
https://www.deschutes.org/court

BUILDING HOURS

• Monday - Friday 8:00 a.m. to 4:00 p.m., except court holidays.

3. La Pine Court

South County Services Center
51340 Highway 97 South
La Pine, OR 97739
(541) 388-6570
https://www.deschutes.org/bcc/page/south-county-health-services-hub-open-house

BUILDING HOURS

• Monday - Friday 8:00 a.m. to 5:00 p.m., except court holidays.

4. Sisters City Court

Sisters City Hall
520 East Cascade Avenue
Sisters, OR 97709
(541) 549-6022
https://www.ci.sisters.or.us/ BUILDING HOURS

• Monday - Friday 7:30 a.m. to 4:30 p.m., except court holidays.