(1) In the small claims department of circuit court there shall be charged and collected in civil cases by the clerk of the court the following fees for the following purposes and services:
(a)(A) Plaintiff filing a claim, $26 when the amount or value claimed does not exceed $1,500, and $55 when the amount or value claimed exceeds $1,500; and
(B) Defendant demanding a hearing, $24 when the amount or value claimed by plaintiff does not exceed $1,500, and $50 when the amount or value claimed by plaintiff exceeds $1,500.
(b) Transcription of judgment from small claims department, $7.
(c) Transfer of cause to circuit court on counterclaim, $12.
(2) Except as otherwise provided in subsection (1) of this section, fees provided for in this section shall be collected in advance. A pleading or other document shall be filed by the clerk only if the required fee is paid or if a request for a fee waiver or deferral is granted by the court. Fees provided for in this section may not be refunded. [Formerly 46.221; 2003 c.737 §§44,45a,45c; 2005 c.702 §§49,50,51; 2007 c.129 §20; 2007 c.860 §7]
Note: Section 15 (15), chapter 860, Oregon Laws 2007, provides:
Sec. 15. (15) In addition to the fees provided for in ORS 46.570 (1), for the period commencing September 1, 2007, and ending June 30, 2009, in the small claims department of a circuit court the clerk of the court shall collect:
(a) A $1 surcharge when a plaintiff files a claim and the amount or value claimed does not exceed $1,500;
(b) A $2 surcharge when a plaintiff files a claim and the amount or value claimed exceeds $1,500;
(c) A $1 surcharge when a defendant demands a hearing and the amount or value claimed by the plaintiff does not exceed $1,500; and
(d) A $2 surcharge when a defendant demands a hearing and the amount or value claimed by the plaintiff exceeds $1,500. [2007 c.860 §15(15)]
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