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Oregon Default Judgment

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Name: Oregon Default Judgment
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.67 (410 reviews)

Category:

Oregon Court Samples - Default - Sample Case 2

State:

Oregon

Control #:

OR-HJ-171-05

Format:

Instant download

This form is available by subscription

Description

A05 Default Judgment

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FAQ

A default judgment is a judgment that is taken against someone that's been sued when the person sued (defendant) is served with a lawsuit but ignores the lawsuit, fails to file the proper documents (an Answer) or otherwise make him or herself known to the court.

First, you can ask the court to set aside the default judgment and give you an opportunity to contest it. Next, you can settle the debt with the debt buyer for an amount less than what the default judgment is for. And finally you can eliminate the default judgment completely by filing for bankruptcy.

A default judgment means that the court has decided that you owe money. This a result of the person suing you in small claims court and you failed to appear at the hearing.

A default judgment occurs when the defendant in a legal case fails to respond to a court summons or does not appear in court. If this occurs, a court may rule in favor of the plaintiff by default.

After you notify the defendant of the judgment, you can begin to enforce the judgment. Your judgment might be for money, repossession, eviction, foreclosure, or any number of things. In any case, your rights at this point would be the same as if you had gone to trial and won.

A very important fact you should keep in mind is that California courts do impose a timeline for seeking entry of a default judgment. Specifically, a request for entry of default must be filed within 10 days following a defendant's failure to timely file and serve a responsive pleading.

A default judgment means that the court has decided that you owe money. This a result of the person suing you in small claims court and you failed to appear at the hearing.

Typically, a court's rules governing enforcement of default judgments include procedures for wage garnishments, attachment of bank accounts and seizure of assets. The plaintiff can usually pursue more than one of these enforcement mechanisms simultaneously.

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.

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