Panel hears bill to clarify what counts toward $750 small‑claims threshold
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Summary
House Bill 2,463 would make explicit that identified prejudgment or pre‑award interest, fees and costs count toward the $750 threshold that affects small‑claims procedural rights, such as the right to request a hearing or a jury trial.
During a House Judiciary public hearing, witnesses described House Bill 2,463 as a narrow clarification to existing small‑claims law that would explicitly include identified prejudgment or pre‑award interest, fees and costs when calculating whether a claim exceeds $750 for certain small‑claims rights.
"All this bill does, it adds 9 words to the bill to the existing text," said Emily Templeton, a trial attorney in Multnomah County, testifying on behalf of the Consumer Section of the Oregon State Bar. Templeton said courts have been calculating the threshold to include those amounts in practice and that the bill will help pro se defendants understand when the constitutional right to a jury trial can be asserted.
Committee members asked how the clarification works in practice and whether plaintiffs could manipulate filings to transfer cases into circuit court and allow attorney representation. Templeton said plaintiffs may choose to file directly in circuit court even for matters under $750, and that the bill's purpose is to clarify when defendants can assert the right to a jury trial rather than change available forum choices.
The committee also clarified existing small‑claims limits with witnesses: Templeton noted that the maximum jurisdiction for small claims is $10,000 and that attorneys generally are not permitted in small‑claims proceedings absent court approval. Members sought examples of prejudgment or pre‑award costs; Templeton listed common items such as filing fees and process‑server fees.
No formal action or vote was taken; the public hearing closed after testimony from Templeton and committee questioning. The bill as described would add text to two sections of statute (her testimony described adding nine words in each of two sections, for a total of 18 words) to make the calculation explicit for litigants.
The discussion focused on clarity for unrepresented defendants and the interaction between small‑claims practice and the constitutional right to jury trial when monetary thresholds are at issue.
