Small Claims Court in Washington County

In Washington County, OR small claims cases are filed in Circuit Court. Washington County has one Circuit 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 Washington Court System.

Small Claims Court

The small claims court in Washington County at Oregon is set up to handle disputes where the amount in question is usually under $10,000. It provides a streamlined and cost-effective way to resolve cases quickly and with less formality.

One of the key aspects of this court is that you don’t typically need a lawyer to represent you—often, getting permission to have one is necessary. This makes it easier for people to handle their own cases and makes resolving smaller legal issues more straightforward and efficient.

Cases Handled

Here are some examples of the kinds of disputes you might 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

Small Claim Process

Here’s a step-by-step guide on how to file a lawsuit in small claims court:

1. Try to Resolve the Dispute: Before you file, make a sincere effort to settle the matter directly with the other party. You can do this through phone calls or written communication. Keep your messages clear and factual, as they might be used in court.
2. Prepare Your Affidavit: When you file your claim, you'll need to sign an affidavit affirming that you’ve tried to resolve the issue outside of court.
3. Collect Your Documentation: Gather all relevant documents and evidence to support your case. This includes contracts, receipts, emails, and any other supporting materials.
4. Identify the Parties: Know who you are suing (the defendant) and where you need to file your claim. As the plaintiff, you need to prove your case, so having solid documentation is essential.
5. Arrange for Witnesses: If you have witnesses who can support your case, collect their contact information and ensure they can attend the trial. Alternatively, arrange for them to testify by phone if allowed, as written witness statements might not be accepted.
6. File Your Claim: Visit the courthouse where you plan to file. Obtain and fill out the necessary forms from the court clerk’s office, and be ready to pay the filing fee, which varies depending on the location.
7. Serve the Defendant: After filing, you need to serve the defendant with a copy of the court papers. This can usually be done by delivering the documents personally or by certified mail, following the court’s rules.
8. Prepare for Court: Once the defendant is served and a hearing date is set, review your evidence and practice how you’ll present your case. Be organized and ready to clearly and effectively make your argument.

Gathering Information

To file a lawsuit effectively in small claims court, make sure you have the following information and preparations:

1. Your Information: Provide your full name and address so the court can contact you with any updates or correspondence.
2. Defendant's Information: Collect the complete name and address of each person or business you’re suing. Accuracy here is crucial; any errors in names or addresses can impact the court's ability to process your case. For businesses, check the Oregon Secretary of State’s office or their online portal to confirm you have the correct legal entity and registered agent details.
3. Claim Amount: Clearly state the amount of money you are seeking in damages. Small claims court typically handles cases involving $10,000 or less.
4. Basis of Claim: Prepare a clear and detailed statement that explains the basis of your claim. Include important dates, such as when the issue arose, and any relevant events that support your case.
5. Filing Fees: Be ready to pay the filing fees when you submit your claim. These fees cover the administrative costs of processing your lawsuit.

By gathering accurate and complete information, you’ll be well-prepared to file your lawsuit in small claims court and present your case effectively.

Filing a Case

When you're ready to start your lawsuit in Oregon's small claims court, follow these steps:

1. Visit the Small Claims Department: Head to the Small Claims Department at the courthouse where you'll be filing your claim. The courthouse clerk can give you the necessary forms to start your case. While they can help with form-filling, they can’t offer legal advice.
2. File Your Documents: Fill out your small claims forms carefully and accurately. When you submit them, you’ll need to swear that the information you’ve provided is true. Be prepared to pay the filing fee, which is usually required in cash, money order, or company check—personal checks are generally not accepted.
3. Consider a Jury Trial: If you want a jury trial, you’ll need to pay an additional fee. This fee can often be included in the total amount you're claiming if you win the case.
4. Prepare for Court: Once your claim is filed, the court will set a hearing date. Be ready to present your case clearly, bringing all relevant evidence and witnesses to support your claim.

Where to file

If you’re filing an accident claim (tort), you can choose to file in the county where the accident happened or where the person you're suing lives. For issues related to services or purchases, you can file in the county where the service was supposed to be performed or where the business is located.

In certain situations, you have flexibility. For example, if the person you’re suing lives in one county but agreed to provide services in another, you can file your lawsuit in either county.

Filing Fees

To file your claim, use the specific form designated by the court. You’ll need to swear to and sign the original claim in front of either the Court Clerk or a Notary Public. Once you submit the completed form and the $37 filing fee, the Clerk will process your claim, assign a claim number, and officially file it.

You must serve the claim to the Defendant. If you prefer the Sheriff's Office to handle the service, you can drop off a $50 check made out to the Sheriff's Office along with your initial filing at the Court. The Court Clerk will then forward the paperwork to the Sheriff's Office through interoffice mail.

The Defendant has 14 days to respond after being served with the paperwork. They have several options:

1. Pay the Claim in Full: The Defendant can choose to pay the claim entirely. They should contact the Plaintiff to arrange payment methods or discuss possible payment plans.
2. Demand a Hearing: The Defendant may file an answer and request a hearing. This requires a $37 fee and the court needs a current mailing address.
3. File a Counterclaim: The Defendant can also file a counterclaim against the Plaintiff. This also requires a $37 fee and a current mailing address.
4. Demand a Jury Trial: If the claim amount exceeds $750, the Defendant can request a jury trial.

Serving the Defendant

After filing your claim, you need to inform the defendant by serving them with a copy of the claim and notice of your lawsuit. The court will provide specific instructions on how to deliver this notice. Typically, you can use the sheriff's office or hire a private process server to handle the delivery.

About two weeks after you file, contact the court clerk to verify whether the defendant has been served and to get the exact date of service. This date is important because it often affects when your trial will be scheduled. Make sure to confirm the trial date with the court clerk and plan to arrive at the courthouse early, as there may be security checks and long lines.

Interpreter

If you or any of your witnesses need an interpreter, you can request interpreter services from the court. Be sure to make this request well ahead of your trial date, especially if interpreter availability in your county is limited. This will help ensure that an interpreter is available when needed.

Defendant

When the defendant receives notice of your claim, they must act within 14 days by choosing one of the following options:

1. Acknowledge and Pay: The defendant can agree that the claim is valid and pay the amount directly to the court clerk. If there’s property involved in the dispute, they must return it to you along with any fees you’ve paid. After making the payment, they’ll need to provide you with proof, which you then send to the court.
2. Request a Hearing and Counterclaim: The defendant may request a hearing to dispute your claim or file a counterclaim against you. If the counterclaim exceeds $10,000, the case will be transferred to a circuit court.
3. Request a Jury Trial: If your claim is over $750, the defendant can request a jury trial. The court clerk will then notify both parties about the next steps, which may include arbitration or filing a formal complaint.

Both parties need to follow these procedures promptly to ensure the case proceeds smoothly and fairly.

If the Defendant Fails to Respond:

If the defendant does not respond within the 14-day period, 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 claimed amount plus court costs. It’s important to regularly check with the clerk to monitor the progress of your case. If you do not request a default judgment and the defendant does not respond within 90 days, your claim may be dismissed.

Court

In court, judges often start by facilitating mediation to help both parties communicate and reach an agreement with the assistance of a neutral mediator. If mediation doesn't resolve the issue or isn’t chosen, a hearing will follow. This hearing may take place on the same day as mediation and typically lasts about two to three hours.

At the hearing, be sure to bring all relevant witnesses and evidence, such as photos, documents, receipts, or contracts, to support your case. Everything you present can impact the judge’s decision. For more complex cases, providing a written summary can help clarify your position. The judge will review the evidence, question the parties and witnesses, and then make a decision, which may be announced immediately or at a later time.

During the Hearing

At the hearing, the court will start with a docket call to announce your case. When your case is called, make sure to respond promptly. The judge will usually explain the trial procedure and welcome any questions for clarification.

When the trial begins, both you and your witnesses will be sworn in to testify truthfully. As the plaintiff, you'll start by presenting your case. This includes making your statement and introducing any evidence, such as documents or photos. You can also call witnesses to support your claims.

After you've presented your case, the defendant will have the chance to present their side, including their own testimony and evidence.

Once both sides have presented their arguments and answered all questions, the judge will review the facts and make a decision on the case. This may involve determining if any damages are to be awarded. If the judge needs more time to reach a decision, they will let both parties know when to expect the verdict.

After Verdict

Once the judge makes a decision, they will complete a judgment form detailing the winning party and any monetary award or instructions regarding property. The losing party must follow the court’s directive by paying the awarded amount or delivering the specified property. This marks the end of the legal process for that particular case.

Judgment by Default

If the Defendant fails to respond within 14 days of receiving the Notice of Claim, the Plaintiff can request a judgment by default. To do this, the Plaintiff must file a signed and notarized Request for Judgment form with the court, asking for a judgment against the Defendant. The Plaintiff can request a judgment for the amount claimed, plus any filing fees, service fees, and other statutory fees.

Collect Judgment

After securing a judgment, it's up to you to collect it since the court won’t handle this for you. You’ll need to locate assets owned by the defendant that can be used to satisfy the judgment.

If the defendant refuses to pay, you might consider garnishing their wages or bank account. Forms for garnishment are not provided by the court and can be obtained from legal form stores.

Other enforcement options include placing a lien on the defendant’s real property, seizing personal property, or enlisting the sheriff to recover property. If you don’t know where the defendant banks or their property locations, you can request the court to summon the defendant to provide asset information under oath.

You are responsible for the costs associated with these enforcement actions, but you can typically recover these expenses from the defendant. Be prepared to prepare and file additional legal documents with the court as part of this process.

Losing the Case

If the judge rules against you and you lose your case, you will forfeit the fees you paid to initiate the lawsuit. Additionally, you may be required to reimburse the defendant for any court fees they incurred when requesting the trial, as well as any prevailing party fees that apply.

If the defendant filed a counterclaim and the judge rules in their favor, they might be awarded money from you as part of the judgment. It’s crucial to weigh these potential outcomes before pursuing legal action and to be prepared for the financial responsibilities associated with both winning and losing a case.

After Judgment

Writ of Garnishment

Once the judgment is signed, the Plaintiff may pursue a Writ of Garnishment to collect the awarded amount. Forms for this can be purchased from a stationery store, as the court does not provide them. To issue the writ, you'll need to present one original and four copies to the court. Note that the Court Clerk does not assist with calculations or form completion. Each Writ of Garnishment incurs a $20 fee.

Transcript of Judgment

Following the judgment, a Transcript of Judgment can be filed with the Circuit Court for a $9 fee. Once filed, this judgment can be docketed in the Circuit Court and recorded in the County's Lien Record Department. This process establishes a lien on any real property owned by the Defendant in Washington County.

Satisfaction

It is the Plaintiff's responsibility to notify the court when the claim has been fully paid or satisfied.

Life of the Judgment

Judgments remain effective for ten years. After this period, they may be renewed to continue enforcement.

Couthouses Location:

Washington County Courthouse

145 NE 2nd Avenue
Hillsboro, Oregon 97124
​(503) 846-8888​
https://www.courts.oregon.gov/courts/washington/programs-services/Pages/Civil.aspx

BUILDING HOURS

• Monday - Friday 8:30 a.m. to 5:00 p.m., except court holidays.

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