Oregon EX PARTE MOTION FOR ORDER OF DEFAULT and DECLARATION IN SUPPORT
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How to fill out Oregon EX PARTE MOTION FOR ORDER OF DEFAULT And DECLARATION IN SUPPORT?
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FAQ
If a default judgment is entered against a defendant under ORS 153.102, the court may relieve a defendant from the judgment upon a showing that the failure of the defendant to appear was due to mistake, inadvertence, surprise or excusable neglect.
What is an Order of Default? An order of default is a court order saying that one party (usually the plaintiff) has won the case, and the defendant has lost, because the defendant did not participate in the case. The order of default does not settle the issue of how much money is owed.
ORCP 69 requires the court or clerk to enter an order of default on a showing by affidavit or declaration that a party against whom a judgment is sought has been served with Summons or is otherwise subject to the jurisdiction of the Court and has failed to plead or otherwise defend within the time set by law.
From the desk of Kyle Riley: When a default judgment has been entered, the defaulted party is obligated to pay the amount of the judgment unless they are able to set aside the judgment. In most cases, the amount of the default judgment is the full amount of the damages sought by the plaintiff in the complaint.
If the other party does not file a response within 30 days, you may request an Order of Default. Default means that you are asking the judge to award you what you asked for in your Motion because the other party did not file a response.
A motion for default judgment is an official court document filed by a creditor or debt collector (known as the plaintiff to the case), notifying the court that the person being sued (known as the defendant) never responded to the case Summons and Complaint.