Oregon Small Claims Fee Waiver for Defendants — Waiver or Deferral

The Appearance Fee Should Not Stop You from Responding

Oregon charges defendants an appearance fee to file a response in small claims court — $57 for claims up to $2,500, or $102 for claims over $2,500 in Circuit Court; the Justice Court fee for a defendant requesting a hearing is $37. If you cannot pay, you can ask the court to waive or defer the fee.

The worst outcome is skipping your response because you cannot afford the fee. A missed response leads to default judgment — a court order to pay the entire claim amount plus costs — which is far more expensive than the appearance fee itself.

How to Apply: Fee Deferral or Waiver Application

For a Circuit Court case, use the OJD Application for Deferral or Waiver of Fees & Declaration in Support and the related Order Regarding Deferral or Waiver of Fees. Submit the fee application with your Defendant's Response (Form SC-Response) before the 30-day response deadline. Justice Courts may use a different fee-relief process; confirm with that court.

The form requires a financial declaration showing:

• Your gross monthly household income from all sources
• Your liquid assets (bank accounts, cash on hand)
• Your essential monthly living expenses (rent or mortgage, food, utilities, transportation, medical costs, child care)
• Any other debts or legal obligations (child support, other court judgments)

For a Circuit Court application, statewide OJD instructions limit fee deferral or waiver to people with low income under federal poverty guidelines.

Waiver vs. Deferral

A fee waiver means you do not have to pay the specified fee unless the court makes a different order later in the case.

A fee deferral postpones when payment is due. The court may place you on a payment plan, and added administration or collection costs may apply. Follow the terms in the court's order.

The clerk or a judge reviews your application. The statewide instructions do not set a decision deadline, so ask the clerk about local processing time.

What Happens While the Application Is Reviewed

The court may waive the fee, defer payment, postpone its ruling, or deny the application. Do not assume that a pending application means your response has been accepted. Confirm the filing status with the clerk and follow any payment direction and deadline in the court's order.

Tips for a Stronger Application

Be complete. Empty fields get interpreted as zero — which may look inconsistent if you claim hardship but leave the income section blank. Fill out every line.

Be honest about assets. Courts check for obvious inconsistencies. If you claim zero income but list no source of food or housing support, the application looks incomplete rather than compelling.

Attach documentation if possible. Pay stubs, benefit award letters (SNAP, TANF, SSI), or unemployment statements strengthen the application. They are not always required, but they speed up the review.

Apply at the same time as your response. Submit both before the response deadline, and confirm with the clerk that the response and fee application were received.

Justice Courts

Justice Court fee waiver and deferral procedures are similar but may use different forms. Call the Justice Court clerk before filing to confirm which form they accept and whether they process fee waiver applications.

The Oregon Small Claims Response Guide walks through the fee waiver process alongside the full response timeline, including how to handle a denied application without losing your deadline.

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