Small Claims Court in Marion County

In Marion County, OR small claims cases are filed in Justice Court. Marion County has one Justice Court that handles 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 Marion Court System.

Small Claims Court

Marion County, Oregon Small Claims court is designed to help you resolve disputes without the need for a lawyer. While you can consult a lawyer at any time for guidance, they can only take part in the hearing if the judge grants permission. Small claims courts can handle cases involving up to $10,000 in money or personal property.

Spouses and Registered Domestic Partners: If both parties in a case are spouses or registered domestic partners, one can represent both in mediation or court hearings, provided they have written consent from the other party.

• Limits on Amount Claimed:

  • Claims of $750 or less must be filed in Small Claims court.
  • For claims over $750 and up to $10,000, you can choose between Small Claims court or general civil court. In general civil court, you can have a lawyer represent you.

• Filing in Marion County: If one of the parties lives in Marion County, you should file your claim in the Marion County Justice Court. Remember to keep the court updated with any changes to your contact information, such as your phone number or address.

Cases Handled

Here are some examples of disputes you can bring to small claims court:

• Disagreements between tenants and landlords
• Personal injury claims
• Issues with stolen property
• Claims for damaged property
• Debt collection cases
• Problems with auto repairs
• Complaints about poor construction work
• Product defects
• Disputes over broken contracts or verbal agreements

Court Fees

Appeals

• Appeal from justice court for state violation offense: $281
• Appeal from justice court civil action judgment (amount claimed $10,000 or less): $170

Certificate

• Supplying official certificate: $10

Checks Returned

• Each dishonored check: $35

Civil Action or Proceeding

• First appearance for amount under $10,000 or statutory action: $90

Copies

• Paper copies of documents: $3.75 plus 25 cents per page
• Certified copy of judgment: $9
• Certified acknowledgment for private party proof: $10

Execution

• Issuing a writ of execution: $20
• Issuing a writ of garnishment: $20

Small Claims

• Plaintiff filing a claim: $37
• Defendant admits claim, reimburses plaintiff's fees: $0
• Defendant denies claim and demands hearing: $37
• Plaintiff's claim exceeds $750 and defendant demands jury trial: $215
• Plaintiff filing formal complaint after jury trial demand: $53
• Certifying small claims judgment: $9

Transcript of Judgment

• See Judgment fees

Trial

• Civil action non-jury trial (paid by plaintiff): $75/day
• Civil action jury trial (paid by party demanding jury): $125/day
• Small claims trial: $0

Waiver or Deferral Fees

• Application for waiver or deferral: $0

Small Claims Process for Plaintiffs

1. Starting Your Case:
   • Complete Two Forms:
     1. Small Claim and Notice of Small Claim
     2. Defendant’s Response
2. Filing and Serving:
   • File the forms with the court clerk and pay the filing fee.
   • Serve the small claim to the defendant(s).
3. Proof of Service:
   • File a Certificate of Service with the court clerk. This can include:
     1. Acceptance of Service
     2. Certificate of Service
     3. Certificate of Service Mailing
     4. Certificate of Service by Mail
4. After Filing:
   • If the defendant pays the claim, file a Judgment of Dismissal.
   • If the defendant denies the claim and demands a court hearing or files a counterclaim, attend mandatory mediation.
   • If the defendant demands a jury trial, file a formal complaint and serve a copy on the defendant.
5. Default Judgment:
   • If the defendant doesn’t respond, file a Request for Default Judgment, including:
     1. Motion for Default Judgment & Defendant Status Declaration
     2. Small Claim Judgment and Money Award
6. Satisfaction of Judgment:
   • If you receive full payment after a money judgment, file a Satisfaction of Judgment.
7. Additional Information:
   • Review the General Information for Plaintiffs for details on attending mandatory mediation, courtroom rules, preparing for trial, and certifying the judgment.

Plaintiff Instructions

1. Fill Out Names and Addresses:
   • Enter the full names and addresses of both you (plaintiff) and the defendant on page one. Accuracy is key.
2. Properly Name the Defendant:
   • Ensure you have the correct name and address of each person or business. For businesses, use resources like the Oregon Secretary of State’s office or http://www.filinginoregon.com to find the right details.
3. Detail Your Claim Amount:
   • Itemize your claim on page one (e.g., drywall repair $800; plumbing $1,000). Avoid lump sums to clearly show your losses.
4. Include Fees:
   • List your filing and service fees at the bottom of page one.
5. Sign the Declaration:
   • On page two, complete and sign the Declaration of Bona Fide Effort to show you tried to resolve the issue before filing.
6. Defendant’s Registered Agent:
   • Provide the name and address of the defendant’s registered agent, if applicable, on page two.
7. Filing Fees:
   • Enter the defendant’s filing fees on page three of the Notice to Defendant.

Plaintiff Instructions for Filing Defendant’s Response

1. Enter Names:
   • On page one, fill in the names of the plaintiff and defendant exactly as listed in the claim.
2. Pay Filing Fees:
   • Pay the plaintiff’s fees when filing the Small Claim and Defendant’s Response. Payment options include cash, credit/debit card, bank check, or money order made out to Marion County Justice Court.
3. How to File the Forms:
   • By Email: Send the Small Claim and Defendant’s Response forms to justicecourt@co.marion.or.us/jc. Remember to include payment for the plaintiff’s fees.
   • By Mail: Send the forms to 4660 Portland Rd., Ste #107, Salem, OR 97305, along with a check or money order for the plaintiff’s fees.
   • In Person: Deliver the forms and fees to 4660 Portland Rd., Ste #107, Salem, OR 97305.
4. After Filing:
   • The court clerk will assign a case number and return the forms to you for service on the defendant(s).

Serving Defendant

To proceed with your case, you must officially notify the defendant by serving them with the Small Claim and Notice of Small Claim and Defendant’s Response. After serving the claim, file a Certificate of Service with the court. Here’s how to serve the defendant:

1. Acceptance of Service:
   • Voluntary Acceptance: Ask the defendant to sign an Acceptance of Service, which confirms receipt but not agreement with the claim. If they refuse to sign, use another method listed below.
2. Personal Service:
   • By Sheriff: Submit the claim to the sheriff’s office, and a deputy will serve the defendant for a fee. This is a good option if you have safety concerns.
   • By Private Process Server: Hire a private process server to deliver the claim.
   • By Competent Adult: A person aged 18 or older who is not involved in the case can serve the claim. This person must be a resident of Oregon or the state where the defendant is located.
3. After personal service, the server must file a Certificate of Service with the court.
4. Substituted Service:
   • At Residence: Leave the claim with someone 14 or older at the defendant’s home. Mail a copy of the claim to the defendant with a statement of when and where it was served. File a Certificate of Service Mailing with the court. The service date is when the mail is sent.
5. Office Service:
   • At Workplace: Leave the claim with someone in charge at the defendant’s office. Mail a copy of the claim with a statement of service details. File both a Certificate of Service and a Certificate of Service Mailing with the court. The service date is when the mail is sent.
6. By Mail:
   • Certified Mail: Send the claim by certified mail, return receipt requested, and Restricted Delivery to the defendant. File a Certificate of Service by Mail with the signed green card. If the green card is not returned or someone other than the defendant signs, the service is not valid, and you must use another method. The service date is when the green card is signed.

Important:

• File the Certificate of Service: Regardless of the service method, file the original Certificate of Service with the court clerk to move forward with your case.

Defendant’s Response

Once the defendant responds to your claim, follow these steps based on their response:

1. Defendant Pays the Claim:
   • If the defendant pays the claim in full, file a Judgment of Dismissal with the court to close the case.
2. Defendant Denies the Claim and Demands a Hearing:
   • Attend mandatory mediation if the defendant denies the claim and asks for a court hearing.
3. Defendant Denies the Claim and Files a Counterclaim:
   • Prepare to respond to the defendant’s counterclaim. You may need to attend mediation and a court hearing.
4. Defendant Denies the Claim and Demands a Jury Trial:
   • File a formal complaint and serve it to the defendant if they demand a jury trial.
5. Defendant Fails to Respond:
   • File a Request for Default Judgment if the defendant does not respond. This includes a Motion for Default Judgment and a Small Claim Judgment and Money Award.

In all cases, ensure to keep the court updated and follow the necessary procedures to advance your case.

Plaintiffs Based on Defendant’s Response

1. Defendant Pays the Claim:
   • File a Judgment of Dismissal with the court to confirm that the defendant has paid the claim or returned personal property. Mail a copy to the defendant. You can settle the claim for any amount, and there is no fee for filing this form.
2. Defendant Denies the Claim and Demands a Hearing:
   • If the defendant denies your claim and requests a hearing, you will be notified by mail about the date, time, and location for mandatory court mediation.
3. Defendant Denies the Claim and Files a Counterclaim:
   • If the defendant files a counterclaim related to the same event or transaction, both you and the defendant will receive a notice by mail for mandatory court mediation.
4. Defendant Denies the Claim and Demands a Jury Trial:
   • File a formal complaint within 20 days after receiving notice from the court. If the defendant demands a jury trial (and the claim or counterclaim exceeds $750), you must file a formal complaint and pay additional fees. Consult a lawyer for assistance, as the court does not provide complaint forms. Failure to file within the deadline may result in dismissal of your claim and additional costs.
5. Defendant Fails to Respond:
   • File two forms to request a default judgment:
     1. Motion for Default Judgment and Defendant Status Declaration
     2. Small Claim Judgment and Money Award
6. There is no fee for these forms. If the court grants the default judgment, it means you win the case due to the defendant’s lack of response. The court will mail both you and the defendant a copy of the decision.

Default Judgment

You can only file this form after the deadline for the defendant to respond has passed.

At the top of the page, enter the names of both the plaintiff and defendant, as well as the case number. Make sure these names match exactly with those you listed in your initial claim.

Next, specify who is requesting the default judgment and identify the defendant against whom the judgment is being requested.

Indicate the amount of the monetary award, including any prejudgment interest, costs, service expenses, and the prevailing party fee. Add these amounts together and write the total amount you’re requesting.

If you want to request post-judgment interest at the statutory rate of 9% per year, check the appropriate box. If you’re seeking a higher rate of interest as specified in your contract, fill in that rate and attach a copy of the contract showing this higher rate.

If you’re also requesting the return of property, check the corresponding box and provide a description of the property you want returned.

Service Members

1. Defendant in Active Military Service:
   • If the defendant is serving in the military, you can't get a default judgment unless they’ve waived their protections under the Servicemembers Civil Relief Act (SCRA). Check their status using the Department of Defense’s website with their Social Security Number or date of birth. Attach the certificate of military status to your form. Consult a lawyer before proceeding, as a default judgment might be contested later.
2. Defendant Not in Active Military Service:
   • If the defendant is not in the military, confirm their status using the Department of Defense’s website and attach the certificate of military status to your form. If you’re certain they aren’t in the military, provide supporting facts.
3. Unable to Determine Military Status:
   • If you can’t confirm the defendant’s military status, check the appropriate box and provide any known facts.

Final Steps:

Date, sign, and print your name on the form. Submit it with the Small Claim General Judgment and Money Award form to the court clerk. There is no filing fee. The judge will review your request and send you and the defendant a copy of the decision.

General Judgment and Money Award

1. At the top of the page, enter the plaintiff and defendant names and case number. Ensure these names match exactly with those on your claim.
2. Provide the names of the judgment creditor and judgment debtor.
3. Complete each line in the Money Award section. If you need to add more judgment debtors, check the box for “Additional information attached” and include the details on a separate page.
4. Leave the lines for the date and judge’s signature blank.

Courtroom Rules

• Dress appropriately; otherwise, the judge may ask you to leave.
• Remove caps and hats upon entering the courtroom.
• No food or drinks are allowed in the courtroom.
• Weapons are strictly prohibited in the court facility.
• Turn off cell phones and all electronic devices to avoid disrupting proceedings.
• Recording is not allowed without prior permission from the judge.

Court Hearing

• Allow Extra Time: Arrive early to get through security before your hearing.
• Be Ready to Present Your Case: Present your case at the scheduled time listed in your hearing notice.
• Informal Proceedings: Small claims hearings are informal. You will handle your own case, and lawyers can only appear with special court permission.
• Prove Your Case: As the plaintiff, it’s your responsibility to prove your case. The judge will base their decision on what you present in court.
• Present Evidence and Testimony: You will present your sworn testimony, evidence, and witnesses first, followed by the defendant. Stick to the facts and keep your testimony brief. You can refer to written notes, but the judge may not read a full written statement.
• Bring Supporting Documents: Bring evidence such as receipts, records, documents, bills, original contracts, photos, repair estimates, and witness testimonies to support your claim or defend against a counterclaim.
• Privacy Concerns: Anything you present in court can be seen by the other party. If you need to protect certain information, consult a lawyer.
• Counterclaims: If the defendant files a counterclaim against you, it must relate to the same event or transaction as your claim. The defendant will need to prove their counterclaim during the hearing.

After the Court Hearing

Once your case is heard, the judge will issue a Judgment. Here’s what can happen:

1. Losing Your Claim: If you lose, you won’t be able to collect any money from the defendant.
2. Winning the Full Amount: If you win the full amount of your claim, the judgment creditor is you, and the judgment debtor is the defendant.
3. Winning Part of Your Claim: If you win only part of your claim, you will receive only the portion of the amount awarded. 4 Winning Your Claim but Losing a Counterclaim: If you win part or all of your claim but lose on a counterclaim filed by the defendant, the amount awarded to you will be reduced by the amount of the counterclaim. For example, if you claim $100 and the defendant counterclaims $150, and you both win, you will owe the defendant $50 ($150 counterclaim - $100 claim = $50).

Money Judgment

If you receive a money judgment, file a Satisfaction of Judgment form once you have been paid in full. Send a copy of this form to the defendant. There is no fee for filing this form.

Enforcing the Judgment

If no appeal is filed, the small claim judgment cannot be enforced until it is transcribed to the civil docket. Here’s how to do it:

1. Obtain a Transcript: Pay the fee to get a Transcript of Small Claim Judgment from the Justice Court clerk.
2. Transcribe the Judgment: Request that the Transcript be transcribed to the civil docket of either the justice court or the circuit court, and pay the required fee for this service. Only after these steps can the judgment be enforced.

After Judgment

• Writ of Garnishment After the judgment is signed, you may pursue a Writ of Garnishment to collect the awarded amount. Obtain forms from a stationery store, as the court does not provide them. Present one original and four copies to the court. The Court Clerk does not assist with calculations or form completion. Each Writ of Garnishment costs $20.

• Transcript of Judgment File a Transcript of Judgment with the Circuit Court for a $9 fee. This allows the judgment to be docketed in the Circuit Court and recorded in the County's Lien Record Department, establishing a lien on any real property owned by the Defendant in Washington County.

• Satisfaction You must notify the court when the claim is fully paid or satisfied. Life of the Judgment Judgments are effective for ten years and can be renewed to continue enforcement beyond this period.

Courthouses Location:

Marion County Courthouse

100 High St. NE
Salem, Oregon 97301
​(503) 588-5105
https://www.courts.oregon.gov/courts/marion/Pages/default.aspx?utm_source=Courts&utm_medium=egov_redirect&utm_campaign=courts.oregon.gov%2Fmarion

BUILDING HOURS

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

Let Squabble Help You With Your Small Claim at Marion County

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