Small Claims

If you use the Claim and Notice form in Supporting Documents below, you will need one complete original to file with the Court. Upon payment of the $37 filing fee, two copies will be made and certified for service. If you need additional copies, you can purchase them for .25 cents each. Please make sure you use Deschutes County Justice Court forms. Circuit Court forms will not be accepted.   

Small Claims Court is available to you so that you may pursue your claim without legal representation. ALL steps of the process depend upon your initiation and carry-through. The court cannot advise you in filling out forms, or in proper procedure. If you get a judgment, you must take the steps to collect - the court CANNOT collect.

Please note: time expended to appear at mediation, or trial, is not a recoverable damages item. This also applies to any attorney fees incurred, if you sought advice on your claim, or make a demand, before filing a claim. 

To Small Claim Plaintiffs:

The following information is intended to clarify the most common procedural errors made by parties in Justice Court small claims cases.

• Please reference the Plaintiff Instructions (in Supporting Documents below) for answers to procedural questions & general information regarding small claims;
• If you have a question, please, look on our website or call our office. Please, remember the court cannot advise you on filling out forms, or on proper procedure;
• Justice Court does not accept electronic, emailed, faxed or copies of documents. You must submit original documents with "wet" (original ink) signatures when filing with our court;
• New claims MUST be notarized for the court to accept them if mailing in or using the court's drop box; 
• The fee to file a Claim and Notice in justice court is $37.00.  Please do not submit the circuit court filing fee; we will no longer automatically refund the overage to you.
• Please make checks or money orders payable to Deschutes County Justice Court.
• Please include a self-addressed, stamped envelope if you mail in or use the court's drop box to file paperwork;
• The court will mail your certified copies and the appropriate amount of defendant's answers back to the first plaintiff listed on the Claim and Notice if they provided a self-addressed, stamped envelope; if you are filing in person your paperwork will be completed & handed back to you;
• Online payments are not available for Small Claims;
• Our court's Supplementary Local Rules require that, at the time the Claim and Notice is served, defendant be served a blank Answer in the form prescribed by this court.  You may purchase copies of the local rules at our office;
• The 14-day appearance time begins to run from the date the defendant is personally served OR substitute service is completed by mailing;
• When you submit a request for judgment, the creditor and debtor names in the Money Award section must match the plaintiff and defendant names exactly as they appeared in the heading of the Claim and Notice.  If they do not match exactly, the court will deny the judgment;
• You may not request a default Money Award in excess of the amount specified in the complaint;
• In Justice Court, the judgment must be “certified”, following a 10-day appeal period, before it can be enforced.  The fee to certify the judgment is $9;
• The fee to issue a writ of garnishment is $20.  The debtor name in the writ must match the debtor name in the Money Award section of the judgment.  If they do not match exactly, the court will return the paperwork to you. Remember, the court cannot collect funds due to you; 
• If paperwork is returned to you with the reason stamped in red, that form may not be re-submitted to the court.  You must submit a new form without the stamp on it.

If you have any questions, please consult your legal counsel or the Oregon Revised Statutes. Attached in the Supporting Documents is our most current Plaintiff Instructions for the Small Claims process in our court.