Oregon · Unpaid personal loan

Unpaid personal loan in Oregon small claims

Friend or family owes you money? Recover it in small claims.

Lending money to a friend or family member without repayment can lead to a small claims case. You do not need a formal promissory note to sue, but having written evidence of the loan — even text messages or emails confirming the amount and a promise to repay — dramatically strengthens your case. The key elements are proving the loan was made, the amount, and that repayment was due.

In Oregon, small-claims cases are heard in the Small Claims Department of the Circuit Court and you can sue for up to $10,000 (claims of $750 or less must be filed in small claims; claims up to $10,000 may be).

Good to know: Oregon small claims cases are handled by the small claims department of the county circuit court. File in the circuit court for the county where a defendant lives or can be found, where the events occurred, or where a contract was to be performed.

Unpaid personal loan: steps that matter

1. Gather all evidence of the loan: bank transfers, cash-withdrawal records, texts, emails, or any written note agreeing to repay.
2. Calculate the amount owed including any agreed interest, and confirm when repayment was supposed to occur.
3. Send a written demand for repayment with a clear deadline and keep proof you sent it.
4. Confirm you are within the statute of limitations below before filing — the clock may have started from the repayment due date.
5. File in the court where the defendant lives or where the loan was agreed to.

Filing your Small Claim and Notice of Small Claim form in Oregon

1. Make a bona fide effort to collect first. Before filing, you must make a good-faith effort to collect from the defendant, and your claim form must include a sworn statement that you tried to resolve it first.
2. Complete the Small Claim and Notice of Small Claim form. Fill out the Small Claim and Notice form: the county at the top, all defendants named correctly, and itemized money damages (not a lump sum). Also fill in the party names on the Defendant's Response form.
3. File in the correct circuit court and pay the fee. File in the circuit court for the proper county with the Claim and Response forms and the fee. The clerk gives you a case number for every page. If you cannot pay, file a Fee Deferral or Waiver Application.
4. Serve the defendant and file proof of service. Serve each defendant by acceptance of service, personal service, substituted or office service, or certified mail (return receipt, restricted delivery). File a Certificate of Service; if proof is not filed within 63 days of filing, the case may be dismissed.
5. Respond to the defendant's action or attend the hearing. The defendant has 30 days to pay or file a response demanding a hearing. If they dispute it, you are mailed a hearing date; if they do not respond, you can request a default within 51 days of filing proof of service.

Filing fees: Filing fees are set statewide by statute (ORS chapter 21), not by county; current plaintiff and defendant fees are listed on courts.oregon.gov. Service is paid separately to the sheriff or process server. A Fee Deferral or Waiver Application is available.

Deadline that applies to your unpaid personal loan

A personal loan is a contract or debt claim — you lent money on a promise to repay. If you have a written loan agreement, the written-contract statute of limitations typically applies. If the loan was only a verbal agreement, the oral-contract or debt period usually governs. The limitations clock generally starts from the date repayment was due or the last payment made.

Written contract: 6 years (ORS 12.080(1))

Answering a lawsuit: 30 days from the date of service.

Serving the defendant: You must serve each defendant by acceptance of service, personal service (sheriff, process server, or an uninvolved Oregon adult 18+), substituted service, office service, or certified mail (return receipt, restricted delivery). File a Certificate of Service; if proof is not filed within 63 days of filing, the case may be dismissed without notice.

Appeals: There is no appeal from a small claims judgment in Oregon; the judge's decision is final. (A defendant can demand a jury trial only if the claim exceeds $750, which moves the case out of small claims; that is not an appeal.)

All Oregon small-claims deadlines

The table below lists the filing deadlines Small Claims Department of the Circuit Court applies by claim category. Confirm the exact rule that applies to your unpaid personal loan claim with your court before relying on any figure.

Oregon small-claims forms for your unpaid personal loan case

These forms are published by the Small Claims Department of the Circuit Court. Download and complete them before filing.

• Small Claim and Notice of Small Claim (Form 05-01): The initial document the plaintiff files to start a small claims case, including the sworn statement of a bona fide effort to collect.
• Small Claims - Plaintiff's Instructions (Form 05-77, Jan 2026): Official step-by-step OJD instructions for plaintiffs covering filing, venue, fees, service, default, trial, judgment, and collection.
• Small Claims - Defendant's Instructions (Jan 2026): Official OJD instructions explaining the defendant's response options and deadlines (useful for the plaintiff to understand the 30-day response process).
• Fee Deferral or Waiver Application and Declaration: Used by a plaintiff who cannot afford the filing fee to ask the court to defer or waive fees.

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Oregon Judicial Department: Small Claims Forms Center. Last reviewed 2026-06-24.