How Do You File a Small Claims Case for a Withheld Deposit in Oregon?
File a Small Claim and Notice of Small Claim with the Circuit Court clerk, after a good-faith effort to collect from the landlord. The limit is 10,000 dollars including the value of property, and the filing fee is 57 dollars or 102 dollars by claim size. Here is the process, step by step.
The Oregon rule in one table
| Question | Oregon rule |
|---|---|
| Court | Small Claims Department of the Circuit Court. Each circuit court has a small-claims department |
| Dollar limit | 10,000 dollars or less, including the value of property. Claims over 750 dollars to 10,000 dollars may be filed in Small Claims or general Civil court. Claims of 750 dollars or less must be filed in Small Claims, with a lawyer-fees exception |
| Where to file | The county where the defendant lives or works, where the dispute or damage occurred, or where the defendant was to perform under the contract |
| Form | Small Claim and Notice of Small Claim |
| Filing fee | 57 dollars for claims of 2,500 dollars or less; 102 dollars for claims over 2,500 dollars, per the Oregon Judicial Department Circuit Court Fee Schedule |
| Good-faith attempt | Mandatory in substance. You must make a bona-fide, good-faith effort to collect from the defendant before filing, and the claim form must include a statement that you tried to resolve the issue before you filed |
| Suit deadline | Not stated in this guide. No Oregon deposit-suit deadline was verified against the official statute for this guide |
| Appeal | Small-claims judgments are final and not subject to appeal, per the court page |
What makes Oregon different
Oregon makes the demand a filing requirement, not just good practice. Before you file, you must make a bona-fide, good-faith effort to collect from the landlord, and the claim form must include a statement that you tried to resolve the issue first. A written demand letter is the cleanest proof of that effort, and it doubles as the settlement attempt that avoids the filing altogether. See How to Write a Security Deposit Demand Letter for what the letter should contain.
The second Oregon difference is the 750 dollar line. Claims of 750 dollars or less must be filed in Small Claims, with a lawyer-fees exception, while claims over 750 dollars up to the 10,000 dollar limit may be filed in Small Claims or general Civil court. A small deposit claim has no Civil court option. And the judgment is final: small-claims judgments are not subject to appeal, per the court page, so the hearing is the whole case.
The process, step by step
- Make a bona-fide, good-faith effort to collect first, and keep proof. A written demand letter is the cleanest proof, and the claim form must state that you tried to resolve the issue before filing.
- Fill out the Small Claim and Notice of Small Claim form. The amount must be 10,000 dollars or less, including the value of property.
- File it with the Circuit Court clerk in the proper county and pay the filing fee. The fee is 57 dollars for claims of 2,500 dollars or less, and 102 dollars for claims over 2,500 dollars.
- Serve the defendant and proceed to mediation where the court runs it, then trial if unresolved. Small-claims judgments are final and not subject to appeal.
- Check the deadline that started the dispute. Oregon landlords must deliver a written accounting and return the balance within 31 days after the tenancy terminates and you deliver possession. See Security Deposit Return Deadline in Oregon for the rule.
Small claims in the other states
Deposit suits follow the same shape in every state, but the court, the limit, the form, and the fee change at the state line. See How to File a Small Claims Case for a Withheld Deposit in Colorado and How to File a Small Claims Case for a Withheld Deposit in California. For all seven states side by side, see the Small Claims for a Withheld Deposit by State directory.
Source
Court, limit, form, good-faith rule, and final-judgment rule on this page come from the courts: Oregon Judicial Department, small claims, Multnomah County page stating the statewide process and the Oregon Judicial Department plaintiff instructions for the Small Claim and Notice of Small Claim form. Fees come from the Oregon Judicial Department Circuit Court Fee Schedule, 57 dollars or 102 dollars under ORS 46.570. Venue is secondary-sourced and flagged as such in the registry for this guide. Facts verified 2026-10-25.
This page explains how the process works and what the official rules say. It is general information, not legal advice. For a dispute about your specific situation, talk to a lawyer or your state agency.
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