Oregon Small Claims Filing Fee: 2026 Court Costs by Claim Amount
2026 Circuit Court Filing Fees
Oregon Circuit Court filing fees for small claims are set statewide by the State Court Administrator under ORS Chapter 21 and ORS 46.570. The fee depends on how much you are claiming:
| Claim Amount | Plaintiff Filing Fee |
|---|---|
| Up to $2,500 | $57 |
| More than $2,500 to $10,000 | $102 |
These fees apply to every Circuit Court in Oregon. Pay by cash, check, or money order (payable to "State of Oregon") at the clerk's window, or through the OJD Guide & File system for electronic filings.
Defendant Response Fees
The defendant also pays a fee if they contest the claim:
| Response Type | Fee |
|---|---|
| Deny claim and request a hearing (claim ≤ $2,500) | $57 |
| Deny claim and request a hearing (claim > $2,500) | $102 |
| Jury trial demand + civil transfer | Civil filing-fee difference plus the applicable jury trial fee; total depends on claim amount and jury size |
For a Circuit Court transfer, the current OJD fee schedule uses the applicable civil filing-fee difference and trial fee; it does not set a flat $53 plaintiff fee or a single jury-demand total. Confirm the amount due with the clerk.
Justice Court Fees
Justice Court fees are set by county order, not the state fee schedule. For example, Linn County Justice Court lists a $37 filing fee and a $37 defendant answer fee. Douglas County lists the same amounts. Both counties list a $215 jury-demand fee and a $53 plaintiff fee after the defendant demands a jury trial. Check with the specific Justice Court in your county for current amounts.
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Other Costs to Budget For
Beyond the filing fee, you will likely spend money on:
- Service of process: Sheriff service fees vary by county. Linn County lists a $50 sheriff service fee; Douglas County lists $50 for up to two people. Private process-server rates vary by provider and number of attempts. Certified mail with restricted delivery costs postage plus the certified-mail fee.
- Certified copies: $5 plus $0.25 per page for paper copies under the 2026 OJD fee schedule; electronic copies have no charge.
- Certain civil motions: $111 under ORS 21.200 for motions such as summary judgment, new trial, or relief from judgment (rarely needed in small claims)
- Subpoena witness fees: If you subpoena a witness, you must pay statutory attendance fees and mileage allowances under ORS 44.415
A prevailing party can recover the filing fee and service costs. Under ORS 20.190, the small-claims prevailing-party fee is $50 without trial or on appeal, or $60 after trial under subsection (1)(c). For covered money or damages cases, subsection (2)(b) instead sets $117 without trial or $135 after trial.
Fee Waivers and Deferrals
If you cannot afford the filing fee, Oregon allows you to apply for a waiver or deferral under ORS 21.680 to 21.695. Submit an Application and Declaration for Deferral or Waiver of Fees with your initial filing. The application contains sensitive financial information — under UTCR 2.140 and UTCR 2.21, it is segregated from the public record and not open to public inspection.
If the court grants a waiver, the fees are permanently excused. If it grants a deferral, the fees become a monetary judgment against you at the end of the case, due according to the payment terms the court sets.
One important limitation: a fee waiver covers court filing fees only. It does not cover private process server charges or sheriff service fees unless a separate order specifically waives those.
The Oregon Small Claims Filing Guide includes a complete cost breakdown with all fees pre-calculated by claim tier, so you know the total before you file.
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