SMALL CLAIMS COMPLAINT

IN THE SMALL CLAIMS DEPARTMENT OF THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF [COUNTY_NAME]

I. DOCUMENT HEADER

1. Caption

PLAINTIFF: [PLAINTIFF_FULL_LEGAL_NAME]
[PLAINTIFF_ADDRESS_LINE_1]
[PLAINTIFF_ADDRESS_LINE_2]
Phone: [PLAINTIFF_PHONE] | Email: [PLAINTIFF_EMAIL]

v.

DEFENDANT: [DEFENDANT_FULL_LEGAL_NAME]
[DEFENDANT_ADDRESS_LINE_1]
[DEFENDANT_ADDRESS_LINE_2]
Phone: [DEFENDANT_PHONE] | Email: [DEFENDANT_EMAIL]

) Case No.: ______
)
) COMPLAINT (SMALL CLAIMS)
) Amount Claimed: $[AMOUNT_IN_DISPUTE]
) Filing Date: [MM/DD/YYYY]
)

2. Recitals
   This Small Claims Complaint (“Complaint”) is filed pursuant to Or. Rev. Stat. § 46.405 et seq. by [PLAINTIFF_SHORT_NAME] (“Plaintiff”) against [DEFENDANT_SHORT_NAME] (“Defendant”) for the recovery of monetary damages not exceeding $10,000, exclusive of allowable costs and fees, arising out of the facts set forth below.

II. DEFINITIONS

For purposes of this Complaint, the following capitalized terms shall have the meanings indicated below:

[// GUIDANCE: Add additional defined terms if needed—e.g., “Contract,” “Property,” etc.—to align with the underlying factual theory.]

III. OPERATIVE ALLEGATIONS

1. Parties
   a. Plaintiff is an individual/business entity with principal residence/place of business at the address stated above.
   b. Defendant is an individual/business entity believed to reside/conduct business at the address stated above.

2. Jurisdiction & Venue
   a. This Court has subject-matter jurisdiction under Or. Rev. Stat. § 46.405 because the amount in controversy does not exceed the Small Claims Limit and the relief sought is monetary in nature.
   b. Venue is proper in this County because [briefly state basis—e.g., “the contract was executed and to be performed in this county,” or “Defendant resides in this county”].

3. Statement of Claim
   a. On or about [DATE], the Parties [entered into a written/oral agreement OR Defendant committed the following wrongful act]:
   • [Concise description of contractual terms or wrongful conduct.]
   • [Explain Defendant’s breach/non-payment/damages caused.]
   b. As a direct and proximate result, Plaintiff has suffered monetary losses in the principal amount of $[AMOUNT_IN_DISPUTE], itemized as follows:
   i. Principal Loss: $[_]
   ii. Interest (if any, calculate through filing date): $[_]
   iii. Costs incurred pre-suit (e.g., NSF fees, late fees): $[____]

4. Conditions Precedent
   Plaintiff has performed all conditions precedent or such conditions have occurred, been waived, or been excused.

IV. REPRESENTATIONS & WARRANTIES

1. Plaintiff certifies that:
   a. The total amount claimed does not exceed $10,000 as required by Or. Rev. Stat. § 46.405(2).
   b. The Claim is within the list of allowable small claims under Oregon law, specifically an action for the recovery of money.
   c. Plaintiff has not split a larger claim for the purpose of evading jurisdictional limits.
   d. Plaintiff has a good-faith belief the allegations are true and correct and supports them with admissible evidence.

[// GUIDANCE: Oregon form pleadings require a sworn verification (see Section X).]

V. COVENANTS & RESTRICTIONS

(Reserved – Not Applicable to Small Claims Complaint)

VI. DEFAULT & REMEDIES

1. Defendant’s Failure to Appear or Respond
   If Defendant fails to appear at the scheduled trial or otherwise respond as required by law, Plaintiff will seek entry of a default judgment for the full amount claimed, together with statutory costs, pre-judgment and post-judgment interest as allowed by law.

2. Attorney Fees & Costs
   To the extent authorized by written contract, statute, or rule, Plaintiff requests an award of reasonable attorney fees (if incurred and permissible) and recoverable court costs.

VII. RISK ALLOCATION

(Reserved – Indemnification & Limitation of Liability provisions are not applicable in a small claims pleading.)

VIII. DISPUTE RESOLUTION

1. Governing Law
   This matter is governed by the laws of the State of Oregon.
2. Forum Selection
   The exclusive forum for this dispute is the Small Claims Department of the Circuit Court for the County of [COUNTY_NAME].
3. Arbitration & Jury
   Arbitration is not applicable, and jury trials are not available in Oregon small claims proceedings.

[// GUIDANCE: Under Or. Rev. Stat. § 46.465, a defendant may request formal civil proceedings and thereby obtain jury trial rights, altering the procedure.]

IX. GENERAL PROVISIONS

1. Amendments
   Plaintiff reserves the right to amend this Complaint as justice requires and as permitted by ORCP 23.
2. Severability
   Should any portion of this Complaint be adjudged invalid, the remainder shall continue in full force and effect.
3. Notices
   All court notices will be served to the addresses listed in the caption unless a Party updates its address with the Court in writing.
4. Appeal Rights
   a. Either Party may appeal a Small Claims judgment only as provided by Or. Rev. Stat. § 46.465, which requires the appealing Party to file a notice of appeal and pay the statutory fee within the time limits specified.
   b. Defendant may also elect a formal civil proceeding before trial under the same statute by timely filing the requisite notice and paying the fee.

X. EXECUTION BLOCK

1. Prayer for Relief
   WHEREFORE, Plaintiff respectfully requests that the Court enter judgment against Defendant as follows:
   a. Principal damages in the amount of $[AMOUNT_IN_DISPUTE];
   b. Pre-judgment and post-judgment interest as allowed by law;
   c. Court costs and service fees;
   d. Attorney fees (if applicable and allowable); and
   e. Such other and further relief as the Court deems just and proper.

2. Verification & Signature

I, [PLAINTIFF_FULL_LEGAL_NAME], being duly sworn, state that I am the Plaintiff in this action; that I have read the foregoing Complaint; and that the facts stated in it are true and correct to the best of my knowledge, information, and belief.

Dated: [MM/DD/YYYY] ______
[PLAINTIFF_SIGNATURE]
[PLAINTIFF_FULL_LEGAL_NAME]

STATE OF OREGON )
) ss.
COUNTY OF [____] )

Subscribed and sworn before me on this ___ day of __, 20_.

Notary Public for Oregon
My Commission Expires: ____

[// GUIDANCE: If the clerk’s form provides for unsworn declaration under ORCP 1 E, replace with suitable declaration language.]

3. Service Instructions
   Plaintiff will effect service of this Complaint and any related documents by [personal service/certified mail/other method permitted under ORS Chapter 46 and ORCP 7] and will file proof of service with the Court.

ATTACHMENTS

A. Exhibit 1 – Itemized Statement of Account / Invoice(s)
B. Exhibit 2 – Copy of Contract / Agreement (if applicable)
C. Exhibit 3 – Demand Letter dated [DATE] (if any)

[// GUIDANCE: Attach only relevant, non-privileged documents supporting the claim. Redact confidential data such as SSNs.]

TABLE OF CONTENTS

1. Document Header ………………………………………………… 1
2. Definitions ………………………………………………………… 2
3. Operative Allegations …………………………………………… 2
4. Representations & Warranties …………………………………… 3
5. Covenants & Restrictions (Reserved) …………………………… 3
6. Default & Remedies ……………………………………………… 3
7. Risk Allocation (Reserved) ……………………………………… 3
8. Dispute Resolution ……………………………………………… 4
9. General Provisions ……………………………………………… 4
10. Execution Block ………………………………………………… 5
11. Attachments ……………………………………………………… 6

[// GUIDANCE:
1. Before filing, counsel should confirm the current small claims limit (presently $10,000) and filing fees.
2. Confirm local rules for notarization—many Oregon counties accept an ORCP 1 E unsworn declaration in lieu of a notarized verification.
3. Verify service requirements (personal service or certified mail with return receipt).
4. If Defendant is an entity, identify and serve the registered agent per ORS 60.121.
5. Retain copies of all exhibits for trial and provide Defendant with complete sets.
]