Oregon Petitioner's Motion for Default
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How to fill out Oregon Petitioner's Motion For Default?
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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.
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.
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.
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.
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.
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.
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. In effect, you're found guilty because you never entered a defense. Default judgments are sometimes called automatic judgments because of how fast they can happen.
A default judgment in a child custody case is a decision made by a judge in favor of one party due to the inaction of the opposing party. In a child custody battle, if a defendant fails to respond to the inquires of the court within enough time, a default judgment can be granted in favor of the plaintiff.
