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Can I Sue for Less Money Than I'm Owed to File in Small Claims Court?

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 may claim a lesser amount than you are owed, however, if you receive a judgment in your favor, you will not be able to relitigate the issue later in the same court or another court and try to recover the unclaimed anmount.

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.

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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.

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