Oregon Small Claims Statute of Limitations: Deadlines by Claim Type

Limitation Periods by Claim Type

Every small claims case in Oregon runs on a statute of limitations clock. If a claim is filed after its limitation deadline and the limitation applies, the claim may be barred regardless of its merits. Here are the periods set by ORS Chapter 12:

• Breach of written or oral contract: 6 years (ORS 12.080(1))
• Property damage or waste: 6 years (ORS 12.080(3))
• Personal injury or tort: 2 years (ORS 12.110(1))
• Rent collection and residential lease debt: 6 years for contractual rent debt under ORS 12.080; some specific statutory penalty claims carry a 1-year limitation

The clock typically starts on the date the breach occurred or the injury happened — not the date you discovered the problem, with narrow exceptions for fraud or professional malpractice.

The 60-Day Service Rule That Catches People Off Guard

Filing the claim at the courthouse does not automatically stop the clock. Under ORS 12.020, an action is considered "commenced" on the filing date only if you complete service on the defendant within 60 calendar days of that filing.

If service is completed after the 60-day window, the action is deemed commenced on the date of service — not the date of filing. That distinction destroys claims when the statute of limitations expires between filing and late service.

Here is how it plays out: You file a breach of contract claim on the last day of the 6-year window. You have 60 days to serve the defendant. If service is completed on day 65, the court treats the action as commenced on day 65 — five days after the limitations period expired. The case is barred.

This is why experienced filers have their service method lined up before they file. If you plan to use a sheriff's deputy, call the county sheriff's office first to ask about their current turnaround time. If you are using certified mail with restricted delivery, factor in potential failed delivery attempts.

The 63-Day Proof-of-Service Deadline

Related but separate from the 60-day rule: you must file your Certificate of Service (or signed Acceptance of Service) with the court within 63 calendar days of the initial claim filing date. If you miss this administrative deadline, the court can dismiss the action for want of prosecution without giving you any notice.

The 63-day and 60-day rules overlap but serve different purposes. The 60-day rule (ORS 12.020) protects the statute of limitations. The 63-day rule (under UTCR and OJD administrative procedures) prevents abandoned filings from clogging the docket. Missing the 60-day service window can shift the commencement date to the service date; missing the 63-day proof deadline can result in dismissal.

The Narrow Savings Provision

ORS 12.220 provides one escape hatch: if you file on time and the case is involuntarily dismissed without prejudice after the limitations period expires, you can refile within 180 days — but only if the defendant had actual notice of the original action within 60 days of its initial filing. This savings provision does not rescue cases where service was never attempted or where the plaintiff voluntarily dismissed the claim.

Practical Steps to Protect Your Deadline

Start counting from the date of the breach or injury, not from when you decided to take action. If you are within six months of the deadline, file immediately and arrange service the same week. Certified mail with restricted delivery is the fastest method for many filers — the defendant must personally sign the green return receipt card.

The Oregon Small Claims Filing Guide includes a deadline calendar that tracks both the 60-day service window and the 63-day proof-of-service filing requirement alongside your statute of limitations date.

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