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.
Satisfaction of Judgement
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.
Mediation is a part of the court process and is provided by Yamhill Circuit Court as an opportunity to resolve a conflict prior to, and possibly instead of, appearing before a judge. If an agreement is reached in mediation, parties will not have to appear in court, and the agreement will be filed in lieu of a judgment. The mediation agreement is a legally binding document, and either party may file for breach of the agreement if the terms are not followed.
Mediation allows parties more time to present evidence and articulate their position, and to reach a compromise that might satisfy all parties in ways that a court judgment may not. If a party declines to mediate, the parties will appear before a judge, who will weigh the evidence presented and make a binding judgment in the case. Even if the parties agree to mediation, one party may terminate the mediation at any time. Any discussion that took place or documents produced in mediation are, and will remain, confidential.
Our Mediators are part of Neighbor-to-Neighbor, Inc., a local non-profit organization which provides mediation services to the community. Their services are free, voluntary, and informal, and all discussions are confidential except in cases of child or elder abuse, or threats of violence likely to result in death or serious injury. Mediators are experienced volunteers who have undergone specific training for small claims mediation. They will not give legal advice, judge between parties, or make decisions for parties. Their role is to help the parties communicate their unique perspectives and, hopefully, reach a mutually satisfying agreement about how to move forward without appearing in court.
Mediation Hearing Process
Mediation services are provided remotely. This means that parties will participate via video conference, and should an agreement be reached, it will be signed electronically. We have worked to make the remote mediation process as simple as possible.
Hearing Notice Sent to Parties by Court in the Mail – Parties will be notified of the scheduled date and time of mediation on a hearing notice sent through the mail. The notice contains instructions to immediately email smallclaims@n2nmediation.org and provide the party's name, county, case number and phone number.
Meeting Link and Agreement Sent by Neighbor to Neighbor by Email – After Neighbor to Neighbor receives a party's email, they will send an email with the meeting link that will be used to access the mediation hearing at the scheduled time. The email will also have instructions for the party to e-sign the Confidentiality Consent Agreement which must be completed prior to mediation.
Technology – If a party does not have a device or internet access for video conferencing, Neighbor-to-Neighbor will work to make the required technology available to the party. Request for accommodation must be made immediately after receiving notice of mediation time.
Interpreter – If an interpreter is needed notify Neighbor to Neighbor as soon as the hearing notice is received.
Rescheduling – Neighbor to Neighbor does not schedule mediation times. If a party is not able to attend at the time scheduled, they must make a request in writing to the court to reschedule.
Exhibits – For instructions about exhibits that a party wants to have available at mediation, email: smallclaims@n2nmediation.org
Failure to Appear – If a party does not appear for mediation, Neighbor to Neighbor will file a “Failed to Appear" with the court indicating the absent party.
Agreement – When an agreement is reached, parties will sign and have a copy available before they leave the mediation. Neighbor to Neighbor will file the agreement with the courts and the agreement is entered as a judgement.
No Agreement – If an agreement is not reached, Neighbor to Neighbor will file a “Failed to Reach an Agreement" with the courts and the case will be set for trial and hearing notices for the future date will be mailed to the parties.
Visit Neighbor-to-Neighbor's website for Small Claims to access Frequently Asked Questions.