This form is a judgment by default. This form is used to issue a judgment in favor of plaintiff against the defendant.
Oregon Judgment by Default - B 261B
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How to fill out Judgment By Default - B 261B?
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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.
Fill out the Motion for Order to Vacate Judgment/Order of Dismissal/Order of Default and Declaration in Support (MOTION). Fill out the Certificate of Mailing (CERTIFICATE). Fill out and sign the Notice of Proposed Judgment or Order (NOTICE). Make two copies of the MOTION, CERTIFICATE, and NOTICE.
A default is a failure to perform a duty in legal proceedings. A default judgment is binding, and the defaulting defendant may not litigate his case or present any evidence. A civil action default judgment will grant the amount of relief sought in a plaintiff's complaint.
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.
Pursuant to ORS 153.105, this request must be made within one year from the date of entry of the judgment. You must establish that your failure to appear was due to ?mistake, inadvertence, surprise or excusable neglect? in order for the court to set aside the judgment.
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 defendant fails to enter an appearance, the plaintiff can apply to court for judgment in default of appearance.