Portland, OR asked in Small Claims for Oregon

Q: Is it normal to get awarded contract plus court, process server cost, and collection cost in Oregon?

I have a situation where someone broke a small verbal contract that I can prove with text messages on my phone. The contract was only $500 and he has helped me in the past.

I ask that because if I can only get the contract back but still have to pay for someone to deliver papers and court cost along with what ever the cost is to garnish someones wages then I am not sure if it is worth going to small claims court. I know I can ask for it but don't see the point if it is not normal and I end up paying $300 to get $500 back.

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1 Lawyer Answer
Gregory L Abbott
Gregory L Abbott
  • Portland, OR
  • Licensed in Oregon

A: It is at the Judge's discretion. That said, it is rare that a Judge does not award costs, including a prevailing party fee, to the winner of a case. I certainly know nothing about your case and do not intend to comment on its merit but on a purely statistical basis, it is far more likely that you will lose your case than you win but are not awarded your costs. It also is statistically far more likely that even if you win and are (or even are not) awarded your costs, you will have difficulty in actually collecting from the defendant. Good luck.

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