The purpose of the Small Claims action is to decide certain civil disputes promptly and economically. Claims may not exceed $10,000. A small claim hearing is informal in that no attorney is present. You present your own evidence and the other party has an opportunity to present their evidence. The Judge will make a decision that may include a money judgment or other type of judgment. There is no appeal from a judge’s decision.
A defendant may request a jury trial if the claim is more than $750. However, by law, where a jury trial has been requested for a small claims matter, the matter must transfer to Circuit Court and additional filing fees are required.
When filing a Small Claim, provide the court with an original claim, copies for each defendant and one additional copy if the sheriff will be serving the claim. The court will make copies at a cost to you of $0.25 per page or you may provide them to the clerk.
Small Claims for Plaintiff
Small Claims for Defendants
Small Claims Mediation
Small Claims Mediation is required by Yamhill Circuit Court and is set on the 1st Tuesday evening of every month at 5:00 p.m. Each party will receive a notice of court appearance. If the Plaintiff does not appear for mediation, the case will be dismissed. If the defendant does not appear for mediation, a default judgment will be granted. Both parties will sit down with a trained mediator who will facilitate discussion and work toward settlement of the matter. If an agreement is not reached or either party chooses not to participate in mediation, the parties will subsequently be scheduled for trial on another date.
The court will not accept payment of any judgment. Payment must be made directly to the party that has been designated as the creditor. That party is then responsible for notifying the court in writing that the judgment has been satisfied.
A “Satisfaction” is a form that tells the court that your judgment has been paid (satisfied). The creditor must file a Satisfaction of Judgment when full payment has been received on the money award portion of the judgment. The creditor may file a partial satisfaction of judgment when something less than full payment has been received. A copy of the satisfaction of judgment must be sent by the creditor to the other party. Satisfactions must be notarized. Many banks can do this. You must bring photo I.D. with you and sign the form in front of a notary public or court clerk.
Residential Eviction actions are for the purpose of obtaining possession of the property only. Prior to filing a complaint with the court, the landlord must serve proper notice to the tenant. In the case of failure to pay rent, the rent must be seven or more days past due before a complaint may be filed. If a landlord accepts a partial rent payment, the original notice may no longer be effective. A landlord must file a separate small claims action to be awarded a judgment of money for property damages, uncollected rent or to process other non-possession claims.
Evictions (FEDs) - For Landlords
Evictions (FEDs) - For Tenants
Evictions (FEDs) - General