Small Claims

NO FORMAL PLEADING. 

Other than the CLAIM and NOTICE OF CLAIM, no formal pleading is necessary. The hearing and disposition of all actions shall be informal, the sole object being to dispense justice between the litigants promptly.  ORS 55.080

NO ATTORNEYS. 

No attorney at law or any person other than the plaintiff and defendant shall become involved in or in any manner interfere with the prosecution or defense of a small claim with out the consent of the justice of the peace. ORS 55.090(1)

WITNESSES.  

The parties may offer evidence in their behalf by witnesses appearing at the hearing; the justice of the peace may informally consult witnesses or otherwise investigate the controversy. ORS 55. 090(1)

JUDGMENT. 

The Justice of the Peace shall give judgment or make such orders as the justice deems right, just and equitable for the disposition of the controversy. ORS 55.090(1).

REGARDING APPEALS FROM SMALL CLAIMS IN A JUSTICE COURT. 

The judgment of the court shall be conclusive upon the plaintiff in respect to the claim filed by the plaintiff and upon the defendant in respect to a counterclaim asserted by the defendant. The defendant may appeal if dissatisfied in respect to the claim filed by the plaintiff. The plaintiff may appeal if dissatisfied in respect to a counterclaim asserted by the defendant. A party entitled to appeal may, within 10 days after the entry of the judgment against the party, appeal to the Circuit Court for the county in which the Justice Court is located. If final judgment is rendered against the party appealing in the appellate court, that party shall pay, in addition to the judgment, an attorney’s fee to the other party in the sum of $10. Appeals from the small claims department shall only be allowed in cases in which appeals would be allowed if the action were instituted and the judgment rendered in the justice courts, as is provided by law. ORS 55.110