(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)(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, 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.
(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1983 c.242 §1; 1985 c.367 §1; 1987 c.725 §1; 1995 c.227 §1; 1995 c.658 §43; 1997 c.378 §1; amendments by 1997 c.378 §2 repealed by 1999 c.84 §9; 1997 c.801 §78; 1999 c.84 §1; 1999 c.673 §1; 2001 c.542 §5; 2007 c.125 §1; 2011 c.262 §4; 2011 c.595 §47; 2019 c.213 §13]
Structure 2021 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Chapter 046 - Small Claims Department of Circuit Court
Section 46.405 - Small claims department; jurisdiction.
Section 46.415 - Circuit judges to sit in department; procedure.
Section 46.425 - Commencement of actions; contents of claim.
Section 46.445 - Notice of claim; content; service.
Section 46.455 - Admission or denial of claim; request for jury trial.
Section 46.461 - Counterclaims; fee; transfer of case to circuit court.
Section 46.475 - Additional time for appearances; default and dismissal.
Section 46.485 - Extent and effect of small claims judgment.
Section 46.488 - Lien effect of small claims judgments.