Oregon Sample Letter for Second Motion for Examination of Judgment - Debtor
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How to fill out Sample Letter For Second Motion For Examination Of Judgment - Debtor?
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FAQ
The judge's decision is final. Once you receive your notice that the judgment was entered, you must send the defendant a written demand for payment. This letter must be sent by certified mail, return receipt requested. The Oregon Judicial Department does not provide forms for demand letters.
The notice of demand must be served in the same manner as a summons or by any form of mail addressed to the judgment debtor and requesting a receipt. Service by mail under this paragraph is effective on the date of mailing.
If you have received a judgment and the defendant refuses to pay it, you may be able to have his or her wages or bank account garnished. The court does not provide garnishment forms. The forms may be purchased at a store that sells legal forms.
ORCP 71B(1) allows the court to relieve a party from a judgment or order for mistake, inadvertence, surprise or excusable neglect; fraud, misrepresentation, or other misconduct of an adverse party when accompanied by a pleading containing an assertion of a defense.
Under Oregon law, the majority of civil actions must be filed within two years, including claims related to personal injury, defamation, fraud, and medical malpractice. There is a six-year statute of limitations for injury to personal property, trespassing, contracts, and debt collection.
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.
The judgment remedies for a judgment that are extended under the provisions of this section expire 10 years after the certificate of extension is filed. Judgment remedies for a judgment may be extended only once under the provisions of this section.
A Notice of Entry of Judgment & Decree of Divorce (Default) is a document that notifies the other party that the Judge has signed a Judgment & Decree of Divorce (Default). This document must be sent to the other party and the Affidavit of Service filed with the Clerk of Courts.
