Oregon Statutes 55.011 – Small claims department; jurisdiction
(1) Except as provided in subsection (8) of this section, in each justice court created under any law of this state there shall be a small claims department.
Terms Used In Oregon Statutes 55.011
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Personal property: All property that is not real property.
(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) Class actions 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 justice court. This subsection does not apply to an action based on contract for which attorney fees are authorized under ORS § 20.082.
(6) Jurisdiction of the person of the defendant in an action commenced in the small claims department shall be deemed acquired as of the time of service of the notice and claim.
(7) Except as provided in ORS § 55.065 (2)(c), the provisions of ORS § 55.020 to 55.140 shall apply with regard to proceedings in the small claims department of any justice court.
(8) If a justice court is located in the same city as a circuit court, the justice court need not have a small claims department if the justice court and the circuit court enter into an intergovernmental agreement that provides that only the circuit 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 circuit court. [1963 c.404 § 2 (enacted in lieu of 55.010); 1965 c.569 § 2; 1973 c.625 § 3; 1973 c.812 § 7; 1975 c.346 § 2a; 1975 c.592 § 2; 1983 c.673 § 6; 1985 c.367 § 3; 1987 c.725 § 3; 1989 c.583 § 1; 1995 c.227 § 4; 1997 c.801 § 108; 1999 c.84 § 5; 1999 c.673 § 4; 2001 c.542 § 6; 2007 c.125 § 5; 2011 c.595 § 53]