Oregon Small Claims Court Fees for Defendants: What You Pay to Respond
The Appearance Fee You Pay to Respond
When you file your Defendant's Response (Form SC-Response) in a Circuit Court small-claims case, you owe an appearance fee. The 2026 OJD schedule depends on the claim size:
| Claim Amount | Defendant Appearance Fee |
|---|---|
| Up to $2,500 | $57 |
| More than $2,500 to $10,000 | $102 |
| Admission with proof of payment | $0 |
Justice Courts set separate fee schedules; check the court named on your papers before filing.
These fees are set by ORS 46.570 and ORS 21.160 (2026 schedule). Submit the fee with your response form — if you file in person, bring a check or money order payable to the court. For electronic filing, follow Guide & File's fee-payment instructions.
When You Owe Nothing
If you admit the claim in full and pay the plaintiff directly, there is no appearance fee. You check "Payment of Claim" on SC-Response, attach proof of payment, and file it with the court. Your payment includes the plaintiff's filing fee and service costs listed on the Notice of Claim.
Fee Waivers and Deferrals
If the appearance fee would create financial hardship, you can apply for a deferral or waiver at the same time you file your response. The application is Form AFF-1 (Application for Deferral or Waiver of Fees), available from the court clerk or the OJD website.
- A waiver eliminates the fee entirely.
- A deferral arranges a payment plan through the court.
The application asks for your gross household income, liquid assets, and essential living expenses. A clerk or judge reviews it. If approved, your response is docketed even without payment.
Do not skip filing your response because you cannot afford the fee. File the response with the fee waiver application attached. Missing the 30-day deadline over a $57 fee leads to a default judgment for the full claim amount.
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Jury Trial Demand: Additional Costs
If you demand a jury trial (available when the total claim, including prejudgment interest, administrative fees, and litigation costs requested in the claim, exceeds $750), the fee includes the standard small claims appearance fee plus the civil court transfer fee differential. Check the current Circuit Court fee schedule for the total, and pay the required fee when filing.
If the plaintiff fails to file a formal complaint within 20 days of your jury demand, the case is dismissed, and you can request a refund of your jury fee within 30 days.
Prevailing Party Fees
Oregon small claims courts can award a "prevailing party" fee — a small statutory amount — to whichever side wins. If you lose, the default judgment or hearing judgment may include this fee on top of the claim amount.
If you win, you can ask the court to order the plaintiff to reimburse your appearance fee. The judge has discretion on whether to award it.
Costs the Plaintiff Already Paid (and May Recover)
The plaintiff's Circuit Court filing fee is $57 for a claim of $2,500 or less and $102 for a claim over $2,500 under the 2026 schedule; Justice Court fees are separate. Actual service costs may also be claimed. If the plaintiff wins, the court may include filing and service costs in the judgment. These are not fees you pay up front — they may become part of the judgment if you lose.
Understanding the full cost picture helps you decide whether to deny and fight or settle. The Oregon Small Claims Response Guide includes a fee calculator worksheet.
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