ORS 46.405
Small claims department

  • jurisdiction

(1)

Except as provided in subsection (6) of this section, each circuit court shall have a small claims department.

(2)

Except as provided in this section, all actions for the recovery of money, damages, specific personal property, or any penalty or forfeiture must be commenced and prosecuted in the small claims department if the amount or value claimed in the action does not exceed $750.

(3)

Except as provided in this section, an action for the recovery of money, damages, specific personal property, or any penalty or forfeiture may be commenced and prosecuted in the small claims department if the amount or value claimed in the action does not exceed $10,000.

(4)

Intentionally left blank —Ed.

(a)

Class actions may not be commenced and prosecuted in the small claims department.

(b)

An action by an adult in custody, as defined in ORS 30.642 (Definitions for ORS 30.642 to 30.650), against another adult in custody may not be commenced and prosecuted in the small claims department.

(5)

Actions providing for statutory attorney fees in which the amount or value claimed does not exceed $750 may be commenced and prosecuted in the small claims department or may be commenced and prosecuted in the regular department of the circuit court. This subsection does not apply to an action based on contract for which attorney fees are authorized under ORS 20.082 (Attorney fees for small contract claims).

(6)

If a circuit court is located in the same city as a justice court, the circuit court need not have a small claims department if the circuit court and the justice court enter into an intergovernmental agreement that provides that only the justice court will operate a small claims department. If an intergovernmental agreement is entered into under this subsection, the agreement must establish appropriate procedures for referring small claims cases to the justice court. [1971 c.760 §2; 1973 c.812 §2; 1975 c.592 §1; 1979 c.567 §1; 1983 c.242 §1; 1985 c.367 §1; 1987 c.725 §1; 1995 c.227 §1; 1995 c.658 §43; 1997 c.378 §1; amendments by 1997 c.378 §2 repealed by 1999 c.84 §9; 1997 c.801 §78; 1999 c.84 §1; 1999 c.673 §1; 2001 c.542 §5; 2007 c.125 §1; 2011 c.262 §4; 2011 c.595 §47; 2019 c.213 §13]

Source: Section 46.405 — Small claims department; jurisdiction, https://www.­oregonlegislature.­gov/bills_laws/ors/ors046.­html.

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