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Oregon General Judgment of Default and Money Award Against Defendant

State:
Oregon
Control #:
OR-HJ-466-06
Format:
PDF
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A06 General Judgment of Default and Money Award Against Defendant
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FAQ

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.

If the defendant does not reply to your claim, you can ask the court to enter judgment 'by default' (that is, make an order that the defendant pay you the amount you have claimed because no reply has been received). You should do this as soon as possible after the 14 days have passed.

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.

Claims for more than $750 and up to $10,000 can be filed in either Small Claims or Civil court. Lawyers can represent you in Civil court. Claims for $750 or less must be filed in Small Claims court.

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.

There is a filing fee that must be paid when the form is filed with the Court. The fee is $53 for claims of $2,500 or less, and $95 for claims between $2,500 and $10,000.

You will have to pay a filing fee of approximately $50-$100, depending on the value of your claim and the court in which you file. If you are the small claims court defendant and want to contest a claim against you, you may have to pay a fee also; courts are not uniform on this, so check with the clerk's office.

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Oregon General Judgment of Default and Money Award Against Defendant