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New $10,000 Small Claims Court Case Limit Took Effect Jan. 1

1/2/2012

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An important FYI for you:

The limit on the amount you can seek in a case filed in an Oregon small claims court is now $10,000, up from $7,500. 

If you have been wronged by a person or a company, do not automatically assume that there is nothing you can do about it.  Small claims courts are reasonably fast, and often produce good results when the dispute is fairly straightforward.  The new, higher limit means that fewer cases will be impossible to bring because of the economics (such as when the amount of legal work that would be required would drive the attorney fees up to where they would likely be almost as big or bigger than the amount at stake).


In small claims court, you represent yourself, and there is a minimal amount of procedural mumbo-jumbo or hoops to jump through.  That's not to say you can't get yourself in a lot of trouble -- if you sue someone, they are likely to counter-claim against you, and you might find you really stepped in it.

I am happy to see people to discuss the law(s) that they think have been violated, and the wisdom of proceeding via the small claims route, and to help you think through the pros and cons of heading that way.  For an hour or less, this consult is just $100, less than the small claims filing fee.  I'm also happy to review your draft complaint.

On top of that, for an hourly fee, then I'm happy to offer hourly-rate coaching to help you do your own research to find the law, investigate your case, and present your evidence most effectively and efficiently.

If you want to discuss a possible small claims action, just give me a call to set up an appointment to discuss the problem and your alternatives for getting a resolution you can live with. 


And, of course, if you have already filed an action under the old limits, I'd be happy to speak with you about things you can do to maximize your chances of prevailing as well.  And while it should go without saying, if you have been sued in small claims court, DON'T IGNORE IT -- and you might want to consult an attorney as well.  It's probably even more important for small-claims defendants to consult an attorney than it is for plaintiffs.

Here is a link to an Oregon State Bar online brochure (giving the old, $7500 limit) that explains a little about small claims court.


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John Gear Law Office LLC and Salem Consumer Law.  John Gear Law Office is in Suite 208B of the Security Building in downtown Salem at 161 High St. SE. That is right across High Street from the Elsinore Theater, a half-block south of Marion County Courthouse.

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