We are not attorneys and cannot give legal advice, but we can prepare your documents at your direction by following the small claims procedure set by the Oregon courts.

 

How long do I have to file my case?

If the subject owes you money you have 6 years from the date of the loan to file your case.

If your case is regarding personal injury you have 2 years to file your case.

If your case is regarding Property Damage you have 6 years.

 

How do I know what county to file my case in?

Your case must be filed in either the location of the incident/contract took place or the county the defendant lives in.

 

What if I do not know the location of the person or company I want to sue?

We can help with locating a people.   We can also help with locating a company if you are not finding them on the OR Secretary of States website.

 

Does the Defendant have to live in Oregon?

No we can Serve them with papers at any location in the USA.

 

What if it takes a few attempts at a few locations to serve the Subject?

All cost incurred to locate and serve the subject will be added to the judgment if you win your case.

 

Is the total cost for Small Claims assistance only $85?

Yes we only charge $85 for local small claims case with one or two defendants at the same address.  Local includes most addresses in the Portland Metro area.  We serve from Coast to Coast.  See our process serving page for more details or call or email us for a quote.  Other locations in Oregon will run $5 to $25 more. Other locations in the USA will run $20 to $50.

 

After the subject is served with the Notice of Small Claim, when is my court date?

You will only have a court date if the defendant pays the court and request one.

 

What if the subject does not request a court date?

We will prepare and file a Default Judgment and you will be awarded all amounts requested as well as all court cost and service fees. We will make sure you also get your $110 prevailing party fee.

The defendant(s) has 14 days in which to do one of the following:

a. Pay the claim in full, including court costs, and file proof of payment or delivery with the court.

b. Deny the claim and pay the Court to request a hearing

c. Deny the claim and pay to file a counterclaim and request a hearing,

d. Demand a jury trial (claims over $750) (this rarely happens as it costs the defendant much more)

 

If the subject(s) request a court date, then what?

The Court will set a mediation date first.

 

MEDIATION HEARING

Most Oregon Circuit Courts have established a program of mediation for small claims cases. After a defendant(s) files their Notice of Defendant’s Election denying the claim and/or asserting a counterclaim against the plaintiff, the court will schedule a mediation hearing.

All disputed cases will be referred to the mediation program, if the County has a mediation process.

Mediation has many benefits for the parties:

a. Mediation is a process that brings you and the other party together to discuss your dispute with a trained neutral mediator.

b. Mediation offers the parties a final opportunity to maintain control over the outcome of the dispute before turning it over to a judge.

c. Mediation is confidential. If it does not work out or you want to stop at any time you may do so and request a trial.

d. A mediated agreement is enforceable but will not appear as a judgment on a debtor’s credit report unless there is non-compliance with the agreement and a judgment is entered. This is beneficial for the defendant and can be used as a bargaining chip by the plaintiff.

If the parties decline to mediate or if they are unable to resolve the dispute through mediation, a trial will be set at a later date.

 

Can I get back all my cost?

Yes should award all cost to serve the defendant.   Most of the time the court will also award fees spent to locate the defendant if needed.

 

If I win at trial, when will I get paid?

You will be awarded a judgment from the Court. Then you can Garnish the Defendants wages or Garnish the Defendants Bank Accounts.

Judgments are good for 10 years in Oregon and gain 9% interest per year. If the defendant owns property you can place a line on the property. You can garnish at any time, as many times as needed.

 

What is a Prevailing Party fee and how can I get an extra $100?

If the subject does not respond the Court will award a $110 prevailing party fee IF the fee is requested in the Judgment. We will make sure it is requested.

 

After I have a Judgment, how can I find out where the subject works or banks, so I can garnish?

We can help you find that info and then help you garnish the defendants wages or bank accounts.

 

 

 

If the subject pays me in full do I have to do anything?

Yes after payment has cleared you must file a satisfaction of Judgment with the Court.

 

Can I hire some guys’ named Guido and Rocky to go squeeze the subject for the money?

No, do not do that, do not tell them you are going to sue them either, that will just make in harder to get them served with the papers. Fill our our Small Claims Request Form and we will get them served for you! :)-    Small Claims Request Form

 

Thanks for checking out the entire page! Give us a call or send an email if you have any other questions or concerns.

We are not attorneys and cannot give legal advice, but we can prepare your documents at your direction by following the small claims procedure set by the Oregon courts.

Oregon Small Claims Questions and Answers

Oregon Small Claims Q and A

Oregon Small Claims Help