Small Claims Court in Lane County

In Lane County, OR small claims cases are filed in Circuit Court. Lane County has two Circuit 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 Lane Court System.

Small Claims Court

Small claims court in Washington County, Oregon, is designed to help people resolve disputes involving $10,000 or less. It’s a simpler, more affordable way to settle disagreements without the lengthy process of a regular court. One great thing about this court is that you usually don’t need a lawyer—in fact, you might need special permission to have one. This setup makes it easier for everyday folks to handle their own cases and sort out smaller legal issues quickly and without a lot of fuss.

When Can You File a Claim

To file a small claims case in Lane County Justice Court, at least one of these conditions must be met:

1. The person you're suing (the defendant) must live in Oregon.
2. If your case involves a wrongful act (tort), it must have happened in Oregon.
3. If your case is about a contract, the defendant must have agreed to fulfill the contract in Oregon.

Identifying the Parties in Your Claim

Getting the details right is crucial when filing your claim. Here's how to correctly name everyone involved:

• Plaintiff: This is you, the person filing the claim.
• Defendant: This is the person or business you’re suing.

For Individuals

Use their full, proper names, such as James L. Smith and Susan R. Smith. Don’t list them as "Mr. and Mrs. James Smith."

For Businesses

• If the business is not a corporation, list the owner’s name, followed by "dba" (doing business as), and the business name. Example: James L. Smith dba Jim’s Auto Repairs.
• If the business is a corporation, include the corporation’s name and the registered agent's name and address. Example: ABC Loans, Inc., an Oregon Corporation (Reg Agent: James Smith). You can confirm details by calling the Corporation Commissioner in Salem at 503-986-2200.
• If the business is a partnership, list all partners by name, followed by "dba" and the partnership name. Example: James Smith & William Jones dba Smith & Jones, a Partnership.

Special Cases

If someone involved is under 18, serving in the military, or mentally incapacitated, it’s best to consult an attorney before filing. This ensures you understand the legal rights and obligations of everyone involved.

By following these guidelines, you’ll avoid delays and make sure your case gets off to a smooth start.

Cases Handled

Small claims court can help resolve a variety of everyday issues, such as:

• Tenant-Landlord Disputes: Problems with security deposits, unpaid rent, or property damage.
• Personal Injury Claims: Seeking compensation for minor injuries caused by another person’s actions.
• Stolen Property: Claims to recover the value of items that were stolen.
• Damaged Property: Cases involving property that was accidentally or intentionally damaged.
• Debt Collection: Recovering unpaid loans or money owed for services or goods.
• Auto Repair Issues: Disputes over shoddy repair work or excessive charges.
• Poor Construction Work: Claims for unfinished or poorly done home improvement projects.
• Product Defects: Seeking reimbursement or replacement for faulty products.
• Broken Contracts or Verbal Agreements: Disagreements over promises that weren’t kept, whether in writing or verbal.

These examples highlight the kinds of smaller, everyday disputes that small claims courts are designed to handle efficiently and affordably.

Filing a Small Claims Case

To start your small claims case, you’ll need to follow these steps:

Completing the Claim Form

1. Get the Form: Obtain a Claim and Notice of Claim form from the court.
2. Fill It Out: Include the following information:
   • Your full name, address, and phone number (keep the court updated if your address changes during the case).
   • The defendant's full name and physical address (no P.O. boxes).
   • The amount you’re claiming and the date it became due.
   • A clear description of why you’re filing the claim.
   • If the case involves recovering personal property, describe the item(s) and include their value.
3. Sign the Form: Sign it in front of the court clerk or a Notary Public.

Filing the Claim

• Pay the Filing Fee: Submit the completed form and pay the required fee to officially file your claim.
• Interest Rate: If you’re seeking interest on the judgment, the court will apply the statutory rate unless you provide documentation proving a higher rate applies (attach this to your claim).

Requirements Before Filing

• Effort to Collect: You must make a genuine attempt to collect the debt before filing your claim.
• Dishonored Checks: If your claim involves a bounced check and you’re seeking statutory damages, you must send a written demand to the defendant at least 30 days before filing. You’ll need to provide proof of this demand to the court.

By gathering the right information and meeting these requirements, you can ensure your claim is filed correctly and avoid unnecessary delays.

Filing Fee

• Plaintiff’s Fee: $37.00, payable when you file your claim.

Serving the Claim

Once you’ve filed your claim, you must ensure that the defendant is properly served with the Claim and Notice of Claim. This notifies them about the lawsuit. You can serve them using one of the following methods:

1. County Sheriff
   • Hire the sheriff in the county where the defendant lives.
   • Cost: At least $36.00, with additional charges based on mileage.
2. Private Process Server
   • You can choose a private process server.
   • Cost: Contact the server directly for pricing.
3. Competent Individual
   • Any Oregon resident who is at least 18 years old, not involved in the case, and not affiliated with any party (e.g., not an employee or attorney for either side), can serve the claim.
   • Proof of Service: The process server must fill out and sign the Return Service Proof on the back of the Notice of Claim form. This must be filed with the court.
   • If substitute service is used (e.g., leaving the papers with another responsible person at the defendant’s home or workplace), you must also mail a copy to the defendant via First Class Mail.
4. Certified Mail
   • Use this option if the claim is under $50.
   • Address the envelope to the defendant, and specify “Deliver to Addressee Only, Return Receipt Requested.”
   • The Post Office will send you a "green card" with the defendant’s signature. File this card with the court as proof of service.

Proof of Service

• Regardless of the method, you must file proof of service with the court to proceed with your case.

Defendant’s Response

When a defendant is served with a Claim and Notice of Claim, they have 14 calendar days to respond. Here’s how the process works:

1. Defendant’s Answer Form
   • The defendant must complete a Defendant’s Answer Form, which offers four options for responding to the claim.
   • Each defendant must sign the form before submitting it.
2. Counterclaims
   • The defendant can file a counterclaim if they believe the plaintiff owes them money or damages related to the same issue.
   • To do this, they must file the appropriate form, pay the required filing fee, and submit it to the court.
   • A copy of the counterclaim will be sent to the plaintiff.
3. Denial and Jury Trial Request
   • If the defendant denies the claim, they may demand a jury trial.
   • To do this, they must file their answer with the court. Once this happens:
     • The court will notify the plaintiff and issue an order requiring the plaintiff to file a regular complaint within 20 days.
     • The plaintiff must serve this complaint on the defendant (using certified mail with return receipt is recommended).
4. Filing a Formal Complaint (Applies to Claims Over $750 Only)
   • The formal complaint replaces the original small claims filing and must meet the standards of a regular civil lawsuit.
   • The court does not provide forms or examples of formal complaints.
   • Plaintiffs typically need an attorney to draft and file the complaint.
   • If the plaintiff does not file the formal complaint within the 20-day deadline, the case will be dismissed.

Filing a Default Judgment

If the defendant does not respond to your claim within 14 calendar days of being served, you can request a default judgment. Here's what you need to do:

Steps to File for a Default Judgment

1. Complete the Required Forms:
   • Request for Default Judgment & Non-Military Affidavit: This confirms that the defendant failed to respond and is not actively serving in the military (as required under federal law).
   • Money Judgment Form: This details the amount of money or damages you are seeking.
2. Submit the Forms to the Court:
   • File the completed forms with the Small Claims Department.
3. Court Review:
   • The court will review your request. If everything is in order, the judge may issue a default judgment in your favor.

Important Notes

• If you are unsure whether the defendant is in the military, you may need to verify this through official records (e.g., using the Department of Defense’s Servicemembers Civil Relief Act (SCRA) website).
• A default judgment allows you to begin the process of collecting the amount awarded by the court, such as through wage garnishment or asset seizure.

Judgments

A judgment is the court’s final decision in your case. Here’s what happens after a judgment is entered:

Payments

• Direct Payment: The judgment debtor (the person ordered to pay) must send payments directly to the judgment creditor (the person owed the money).
• The court does not handle or collect payments for either party.

Satisfaction of Judgment

• Once the debtor pays the judgment in full, the creditor is legally responsible for filing a Satisfaction of Judgment form with the court.
• This form confirms that the judgment has been paid and resolves the case.

Settling Before Judgment

• If the claim is settled before the court issues a judgment, the plaintiff must file a Motion and Judgment Dismissing Claim with the Small Claims Department. These forms are available at the court.

Collecting a Judgment

If the judgment debtor (the person ordered to pay) does not voluntarily pay the judgment, Oregon law allows the judgment creditor (the person owed money) to take steps to collect the debt. Here’s how:

Methods of Collection

1. Garnishment
   • A Writ of Garnishment can be used to collect money directly from the debtor's bank account or wages.
   • You must serve the writ on the bank or employer to "attach" funds.
2. Execution
   • This allows the seizure of the debtor’s property, which can then be sold or applied toward the debt.

Forms and Assistance

• Forms for garnishment or execution can usually be purchased at stationery stores that sell legal documents.
• The court does not provide these forms.
• If you’re unsure which method to use, consult an attorney for guidance.

Transcribing the Judgment for Civil Collection

To initiate garnishment or execution, the judgment must be transcribed to the civil docket, which assigns it a civil case number.

• Fee for Transcription: $9
• Fee for Issuing Garnishment: $20
• Service Fees:
  • Garnishment served through the Lane County Sheriff’s Office requires an additional service fee.
  • Additional fees may apply if the garnishment is served to a bank.

Key Notes

• The judgment creditor is responsible for initiating and managing the collection process.
• Working with an attorney can help ensure proper procedures are followed.

Costs and Appeals

Proving Your Costs

• If your case goes to trial, you can request reimbursement for your filing fees and service fees as part of the judgment.
• To do this, you must provide proof of your expenses, such as receipts or invoices, to the judge.
• Keep all documents related to costs organized and ready to present during the trial.

Appeals

• If you wish to appeal the court’s decision, you must file the appeal within 10 days from the date the judgment is entered.
• Appeals are limited to specific legal grounds, and the process typically requires formal filings and adherence to strict rules.

Let Squabble Help You With Your Small Claim at Lane 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 Lane 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.

Courthouse Locations:

1. Lane County Circuit Court

125 East 8th Avenue
Eugene, OR 97401
(541) 682-4020
https://www.courts.oregon.gov/courts/lane/Pages/default.aspx

BUILDING HOURS

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

2. Lane County Circuit Court

900 Greenwood St.
Florence, OR 97439
(541) 997-2535
https://www.lanecounty.org/government/county_departments/county_administration/administration/justice_courts

BUILDING HOURS

• Monday - Thursday 8:00 a.m. to 5:00 p.m. and closed on Friday; except court holidays.