Can I sue for less than the amount owed in small claims?

Full question:

I have straight note out for $9,500 secured with real estate. Can I sue in small claims for the maximum amount of $7,500 and waive the $2,000?

Answer:

Yes, you can sue for a lesser amount than what you are owed. However, if you win the case and receive a judgment, you cannot go back to court later to claim the remaining amount you chose not to pursue.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Oregon, small claims court is designed for disputes involving amounts up to $10,000 for individuals and $5,000 for businesses. Cases must be filed in the county where the defendant lives or where the dispute occurred. Both parties can represent themselves without an attorney. It’s essential to provide evidence and documentation to support your claim. The process is generally quicker and less formal than higher courts. Keep in mind that certain types of cases, like eviction or family law matters, may not be eligible for small claims court.