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Oregon Affidavit of Defendant's Attorney in Support of Motion for Order of Default on Defendant's Crossclaim

State:
Oregon
Control #:
OR-HJ-041-09
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PDF
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A19 Affidavit of Defendant's Attorney in Support of Motion for Order of Default on Defendant's Crossclaim
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FAQ

A motion for default is made when a defendant fails to file a timely answer to a complaint/petition.If you were not served with the original petition/complaint, you can always file a petition to reopen the case.

Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party. Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law.

Default judgments happen when you don't respond to a lawsuit often from a debt collector and a judge resolves the case without hearing your side.Next up could be wage garnishment or a bank account levy, which allows a creditor to remove money from your bank accounts to repay the debt.

When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time.

What happens next? When you file your Motion and Affidavit to Set Aside Default, you will get a hearing date and time from the court clerk. At the hearing, the judge will grant or deny the motion. If the judge grants your motion, the default or default judgment will be set aside, and the case will move forward.

A default judgment is a ruling granted by a court or judge.For example, when a defendant is summoned to appear before the court in a case brought by a plaintiff, but fails to respond to the court's legal order, the judge can rule for default judgment and thereby decide the case in the plaintiff's favor.

A "motion" is simply a formal request to a court that it do something or decide an issue in favor of the party that asks for it. "Granted" means the court agreed with the request, and did or decided in favor of the requester.

A simple default doesn't mean you legally owe a certain amount of money. A default judgment identifies the amount you owe the plaintiff. You don't want this to happen because a default judgment makes you a judgment debtor. Plaintiff may use all sorts of legal procedures to legally take your money and property.

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Oregon Affidavit of Defendant's Attorney in Support of Motion for Order of Default on Defendant's Crossclaim