How to Sue a Business in Oregon Small Claims Court

Why the Business Name on the Receipt Is Not Enough

When you sue a business in Oregon small claims court, you must name the correct legal entity — the registered business name on file with the Oregon Secretary of State, not the brand name on a website, storefront sign, or invoice. A judgment against "Valley Auto Repair" is worthless if the actual legal entity is "RJS Automotive LLC" — you cannot enforce it against the LLC's assets or bank accounts.

This single mistake — naming the wrong entity — causes more small claims dismissals against businesses than any procedural error. The fix takes five minutes.

How to Find the Legal Entity and Registered Agent

Go to the Oregon Secretary of State Business Registry at sos.oregon.gov/business. Search by the business name you know — the trade name, the name on the contract, or the name the owner gave you. The results will show:

• Entity type — LLC, corporation, limited partnership, or assumed business name
• Exact registered name — the legal name you must use on the court filing
• Status — active, inactive, or administratively dissolved
• Registered agent — the person or company authorized to receive legal papers on behalf of the business, with their current mailing address

If the search returns an assumed business name (DBA) filing, click through to see which entity or individual registered it. You sue the underlying entity, not the assumed name alone.

Naming the Defendant on Your Filing

How you name the defendant on the SC-ClmNotice form depends on the business structure:

Corporation or LLC: Use the exact registered name. Example: "Pacific Northwest Renovations LLC." Service goes to the registered agent at the address listed with the Secretary of State.

Sole proprietor with an assumed business name: Name the individual owner and the trade name. Example: "Maria Torres dba Seaside Cleaning." The individual is personally liable; the DBA is a trade name, not a separate legal entity.

Sole proprietor with no DBA filing: Name the individual. Example: "James Park." If they operate a business but never registered an assumed name, they are just an individual doing business under their own name.

Partnership: Name the partnership and, if you want personal liability, the individual partners. Check the SOS registry for partnership filings.

If the business is dissolved or inactive in the registry, you can still sue the entity — dissolution does not eliminate existing debts. But serving a dissolved entity can be harder if the registered agent is no longer active. In that case, personal service on an officer, director, or managing member may be required.

Serving a Business Entity

Service on a business follows stricter rules than serving an individual. For corporations and LLCs, you must serve the registered agent at the address listed with the Secretary of State. Personal service by a sheriff's deputy or process server at that address is the most reliable method.

Certified mail with restricted delivery also works — but the registered agent must personally sign the green card. If someone else at the office signs, the service is defective.

If the registered agent cannot be found at the listed address, you may need to file a motion with the court for alternative service. Do not simply serve a random employee and assume it counts — for an entity, service must go through the designated registered agent.

For sole proprietors, serve the individual by any of the standard methods: personal service, substituted service at their home, office service at their workplace, or certified mail with restricted delivery.

What If the Business Owner Shows Up as a Corporate Representative

Corporations and LLCs cannot represent themselves in court the way individuals can. Under ORS 46.415, an entity may appear through an officer, director, or regular employee who is authorized in writing to represent the company. That person must bring a signed corporate authorization letter to the hearing.

Attorneys are generally barred from small claims hearings unless the judge grants permission — but if the business's representative is an attorney, the other party is automatically entitled to have their own attorney present.

The $10,000 Judgment: What It Gets You

A judgment against a business entity creates a legal debt enforceable against the entity's assets — bank accounts, accounts receivable, equipment, and inventory. For LLCs and corporations, the judgment generally does not reach the owners' personal assets unless you can prove fraud, commingling, or that the entity was a sham (piercing the corporate veil).

For sole proprietors, the judgment is against the individual personally — their business and personal assets are both at stake.

The Oregon Small Claims Filing Guide includes a step-by-step SOS Business Registry lookup walkthrough and a defendant identification worksheet for suing businesses.

See more Oregon guides →