Oregon Affidavit of Service (5C) is a document used to certify that legal papers have been served properly in the state of Oregon. It is typically used to serve a summons and complaint, a subpoena, or a notice of hearing. The Oregon Affidavit of Service (5C) must be signed by the person who served the papers, and it must be filed with the court as proof of service. There are three types of Oregon Affidavit of Service (5C): personal service, substituted service, and service by mail. Personal service is when the documents are served directly to the defendant or respondent by an individual other than the plaintiff or petitioner. Substituted service is when the documents are served to someone else other than the defendant or respondent, such as an adult family member at their home or workplace. Service by mail is when the documents are mailed to the defendant or respondent by registered mail with return receipt requested.
Oregon Affidavit of Service (5C)
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How to fill out Oregon Affidavit Of Service (5C)?
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FAQ
If the process server has already tried to serve the court documents in person or through the mail, they can leave them with anyone older than 16 who is found at the location listed on the case. A process server can also serve court documents by any other manner, if the previous attempts have failed.
Summons shall be served, either within or without this state, in any manner reasonably calculated, under all the circumstances, to apprise the defendant of the existence and pendency of the action and to afford a reasonable opportunity to appear and defend.
If you did not receive your court papers, then the plaintiff can ask the judge to proceed with the default judgment in your case. However, they must prove that the process server served you with the notice of claim and has a valid claim against you.
The certificate must indicate the time, place and manner of service, that the server is a competent person of at least 18 years of age and is a resident of the state of service or of this state and that the server reasonably believes that the person served is the identical one named in the summons.
Not more than 30 days after motion is filed and served; the court shall issue a decision within 10 days after the hearing. If no decision is issued within 10 days, the motion shall be considered denied.
Oregon Process Service by mail must be determined by sending a true copy of the summons and the complaint to the defendant by first-class mail as well as A. certified or registered mail, B. return receipt requested, or C. express mail.