Oregon Revised Statutes Chapter 46 § 46.405 — Small
Oregon Revised Statutes Chapter 46 ·
Oregon Code § 46.405·Enacted ·Last updated March 01, 2026
Statute Text
Small
claims department; jurisdiction.
(1) Except as provided in subsection (6) of this section, each circuit court
shall have a small claims department.
(2) Except as
provided in this section, all actions for the recovery of money, damages,
specific personal property, or any penalty or forfeiture must be commenced and
prosecuted in the small claims department if the amount or value claimed in the
action does not exceed $750.
(3) Except as
provided in this section, an action for the recovery of money, damages,
specific personal property, or any penalty or forfeiture may be commenced and
prosecuted in the small claims department if the amount or value claimed in the
action does not exceed $10,000.
(4)(a) Class
actions may not be commenced and prosecuted in the small claims department.
(b) An action by
an adult in custody, as defined in ORS 30.642, against another adult in custody
may not be commenced and prosecuted in the small claims department.
(5) Actions
providing for statutory attorney fees in which the amount or value claimed does
not exceed $750 may be commenced and prosecuted in the small claims department
or may be commenced and prosecuted in the regular department of the circuit
court. This subsection does not apply to an action based on contract for which
attorney fees are authorized under ORS 20.082.
(6) If a circuit
court is located in the same city as a justice court, the circuit court need
not have a small claims department if the circuit court and the justice court enter
into an intergovernmental agreement that provides that only the justice court
will operate a small claims department. If an intergovernmental agreement is
entered into under this subsection, the agreement must establish appropriate
procedures for referring small claims cases to the justice court. [1971 c.760 §2;
1973 c.812 §2; 1975 c.592 §1; 1979 c.567 §1; 1983 c.242 §1; 1985 c.367 §1; 1987
c.725 §1; 1995 c.227 §1; 1995 c.658 §43; 1997 c.378 §1; amendments by 1997
c.378 §2 repealed by 1999 c.84 §9; 1997 c.801 §78; 1999 c.84 §1; 1999 c.673 §1;
2001 c.542 §5; 2007 c.125 §1; 2011 c.262 §4; 2011 c.595 §47; 2019 c.213 §13]
Plain English Explanation
This Oregon statute addresses Small
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 46.405
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
This section of Oregon law addresses Small
. Read the full statute text above for details.
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