Justice Court vs Circuit Court Oregon Small Claims: Which Court to File In

Two Courts, One $10,000 Cap

Oregon small claims cases can be heard in either a Circuit Court or a Justice Court. Both share the same $10,000 jurisdictional cap for money or property claims, but they operate under different statutes, charge different fees, follow different procedural rules, and — most importantly — have different appeal rights.

Circuit Courts are state-funded courts of record that follow ORS Chapter 46 and the Uniform Trial Court Rules (UTCR Chapter 15). They serve all 36 counties and accept electronic filings through the OJD Guide & File system.

Justice Courts are county-administered courts of limited jurisdiction governed by ORS Chapter 55 with their own local rules. They exist in certain rural and semi-rural counties. Not every county has a Justice Court.

Which Court Hears Your Case

Start with the county where you plan to file. Most urban counties — Multnomah, Washington, Clackamas, Lane — handle small claims exclusively through their Circuit Court.

In some areas, a Circuit Court and a Justice Court sit in the same city. When that happens, the courts may have an Intergovernmental Agreement (IGA) under ORS 46.405(6) that assigns exclusive small claims jurisdiction to the Justice Court. If an IGA exists, you must file in the Justice Court — the Circuit Court's Small Claims Department will not accept the claim.

Call the court clerk in your county before filing to confirm which court handles small claims. The Oregon Judicial Department website lists all Circuit Courts, and a separate county directory lists Justice Courts.

Key Differences That Affect Your Case

The Appeal Question

This is the biggest practical difference. A Circuit Court small claims judgment is final — there is no appeal, no review, no second chance. The judge's decision stands.

A Justice Court judgment can be appealed to Circuit Court within 10 calendar days of judgment entry. The appealing party files a Notice of Appeal in the Justice Court, pays the Circuit Court appellate filing fee ($170 under ORS 21.160), and posts an appeal bond. The Circuit Court then holds a completely new trial (de novo) — it does not review the Justice Court's reasoning. That new Circuit Court judgment is final.

If you are confident in your case and want a quick, final resolution, Circuit Court's no-appeal rule works in your favor. If you are less certain and want the safety of a second chance, filing in a Justice Court (where one is available) gives the losing party — including you — the option to try again.

Venue Rules

Regardless of which type of court, you must file in the correct county. Proper venue is typically where:

1. The defendant resides or can be found when the case is filed
2. The cause of action arose (where the damage, breach, or injury occurred)
3. The defendant was required to perform a contractual obligation

Some larger counties have supplementary local rules that subdivide venue. Multnomah County, for example, allows parties east of 122nd Avenue to file at the East County Courthouse in Gresham.

Filing in the wrong venue exposes the case to a motion to dismiss or transfer — and if the statute of limitations expires during the transfer, the case may be lost entirely.

The Oregon Small Claims Filing Guide includes a county venue selection table that identifies which courts handle small claims in each Oregon county and the key local rules for the state's highest-volume jurisdictions.

See more Oregon guides →