Oregon Summons (Return of Personal Property)

State:
Oregon
Control #:
OR-SKU-0660
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PDF
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Description

Summons (Return Of Personal Property)
Oregon Summons (Return of Personal Property) is a legal document used in the state of Oregon to demand the return of personal property that has been wrongfully taken or retained by another party. It is issued by a court clerk to the party in possession of the personal property. The document is served on the defendant by a sheriff or other authorized individual. The document notifies the party that they must appear in court on a specific date and time to answer to the charge that they are wrongfully withholding the property. There are two types of Oregon Summons (Return of Personal Property): the Original Summons and the Renewal Summons. The Original Summons is issued by the court to the defendant for the first time and must be served on the defendant by an authorized individual. The Renewal Summons is issued by the court after a specified period of time if the defendant has failed to comply with the Original Summons. In both cases, the defendant must appear in court on the specified date and answer to the charge that they are wrongfully withholding the property.

Oregon Summons (Return of Personal Property) is a legal document used in the state of Oregon to demand the return of personal property that has been wrongfully taken or retained by another party. It is issued by a court clerk to the party in possession of the personal property. The document is served on the defendant by a sheriff or other authorized individual. The document notifies the party that they must appear in court on a specific date and time to answer to the charge that they are wrongfully withholding the property. There are two types of Oregon Summons (Return of Personal Property): the Original Summons and the Renewal Summons. The Original Summons is issued by the court to the defendant for the first time and must be served on the defendant by an authorized individual. The Renewal Summons is issued by the court after a specified period of time if the defendant has failed to comply with the Original Summons. In both cases, the defendant must appear in court on the specified date and answer to the charge that they are wrongfully withholding the property.

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FAQ

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.

?Replevin? is a process whereby seized goods may be restored to their owner. In a replevin case, the Plaintiff claims a right to personal property (as opposed to real property/real estate) which has been wrongfully taken or detained by the defendant and seeks to recover that personal property.

A party may make one motion to dismiss for lack of jurisdiction over the person or insufficiency of summons or process or insufficiency of service of summons or process without consolidation of defenses required by this section.

A summons is issued when subscribed by plaintiff or an active member of the Oregon State Bar.

You must respond with a written Answer document in which you reply to each claim listed in the Complaint and assert your affirmative defenses. File your Answer in the court and send a copy to the plaintiff's attorney.

A party who has appeared without providing an appropriate address for service may be served by filing the pleading or other document with the court. Service by mail is complete on mailing. Service of any notice or other document to bring a party into contempt may be only on that party personally.

Not more than 30 days after motion is filed and served; the court shall issue a decision within 10 days after the hearing. If no decision is issued within 10 days, the motion shall be considered denied.

(1) Notice required. Summons shall be served, either within or without this state, in any manner reasonably calculated, under all the circumstances, to apprise the defendant of the existence and pendency of the action and to afford a reasonable opportunity to appear and defend.

More info

Next you need to get and fill out a Personal Property Recovery Summons (Summons). Claim for delivery of personal property.Personal service is complete the day the papers are served. If the Respondent does not sign and return the FL-117, you must have him or her served personally as described above. We can provide you with guidance on how to fill out forms. Complete the top part only of Special Civil Part Summons (Form B in the Kit). (G) acting as personal representative of any estate within Montana. A Replevin is a case to request the return of someone's personal property (things, not land). P. 4, see flags on bad law, and search Casetext's comprehensive legal database. Time when immediate delivery may be claimed.

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Oregon Summons (Return of Personal Property)