Oregon Small Claims Limit: Rules, Jurisdiction, and the $750 Threshold

The $10,000 Cap and What It Covers

Oregon small claims court handles cases where the amount in dispute is $10,000 or less. That ceiling covers money owed, property damage, the value of unreturned personal property, and statutory penalties. It does not cover injunctions, evictions, class actions, or equitable remedies like specific performance.

You cannot split a single claim across multiple filings to stay under the cap. If a contractor owes you $14,000, you cannot file a $10,000 claim and a $4,000 claim. You can waive the excess and file for $10,000, but the waiver is permanent — you lose the right to pursue the remaining $4,000 in any court.

The $750 Mandatory Threshold

Claims of $750 or less must be filed in the Small Claims Department under ORS 46.405. The only exception: if the underlying statute specifically authorizes attorney fees (beyond the default contract-based fee shifting under ORS 20.082), you can file the claim in regular civil court instead.

The $750 line also controls whether the defendant can demand a jury trial. If the total amount in controversy — the claim plus any prejudgment interest and costs you have listed — stays at $750 or below, a jury demand is not available. Once it crosses $750, the defendant can demand a jury trial and force a transfer to the regular civil docket, which brings formal pleading requirements and higher fees.

House Bill 2463 clarified how to calculate the $750 threshold: it includes the primary claim amount plus all identified prejudgment interest, statutory fees, and filing costs claimed at the time of filing. This matters because adding interest to a $700 claim can push it above $750 and open the door to a jury demand.

What Small Claims Court Cannot Do

Even within the $10,000 limit, certain types of relief are off the table:

• Injunctive relief — you cannot ask the court to order someone to stop doing something
• Equitable remedies — no specific performance, no contract reformation
• Evictions — Forcible Entry and Detainer actions under ORS Chapter 105 must go to the regular civil docket (but a separate claim for unpaid rent or a security deposit after possession is surrendered can be filed in small claims)
• Class actions — ORS 46.405(4)(a) prohibits them
• Incarcerated plaintiffs suing incarcerated defendants — barred under ORS 46.405(4)(b)

Circuit Court vs. Justice Court Limits

Both Circuit Courts and Justice Courts share the $10,000 cap, but they operate under different governing statutes. Circuit Courts follow ORS Chapter 46 and the Uniform Trial Court Rules (UTCR Chapter 15). Justice Courts follow ORS Chapter 55 and their own county-specific local rules.

The most consequential difference: Circuit Court small claims judgments are final with no right of appeal. Justice Court judgments can be appealed to Circuit Court for a de novo trial within 10 calendar days of judgment entry.

If a Circuit Court and a Justice Court are located in the same city and have an Intergovernmental Agreement (IGA), the Justice Court may have exclusive small claims jurisdiction for that area. Check with your county clerk before filing.

How the Limit Affects Your Filing Strategy

If your claim is close to $10,000, itemize carefully. Court fees, service costs, and the prevailing party fee are added to the judgment — they do not count against the $10,000 jurisdictional cap. Under ORS 20.190, the small-claims fee is $50 without trial or on appeal, or $60 after trial under subsection (1)(c); subsection (2)(b) instead sets $117 without trial or $135 after trial for covered money or damages cases. Prejudgment interest can push the total controversy above $750 and trigger a jury demand.

If your actual damages exceed $10,000, decide whether the speed and simplicity of small claims court is worth giving up the excess. For many people chasing a $12,000 contractor deposit, filing for $10,000 in small claims is faster and cheaper than hiring a lawyer for regular civil court.

The Oregon Small Claims Filing Guide includes a filing fee decision matrix and a deadline calendar that accounts for these threshold calculations.

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