Gresham Oregon Petitioner's Motion for Default is a legal document that is filed by the petitioner in a court case when the respondent fails to respond or take appropriate action within the specified time frame. This motion requests the court to enter a default judgment in favor of the petitioner due to the respondent's inaction or non-compliance. Keywords: Gresham Oregon, petitioner, motion for default, court case, respondent, default judgment, inaction, non-compliance. There are different types of Gresham Oregon Petitioner's Motion for Default based on the nature of the case: 1. Gresham Oregon Civil Petitioner's Motion for Default: This type of motion is filed in civil cases, such as personal injury, contract disputes, or property disputes when the respondent fails to respond to the petitioner's complaint or fails to comply with court orders. 2. Gresham Oregon Family Law Petitioner's Motion for Default: This motion is filed in family law cases, including divorce, child custody, or spousal support disputes, when the respondent fails to appear in court or follow court orders. 3. Gresham Oregon Eviction Petitioner's Motion for Default: This type of motion is filed in eviction cases when the tenant fails to respond to the eviction notice or fails to vacate the premises within the specified time frame. 4. Gresham Oregon Debt Collection Petitioner's Motion for Default: This motion is filed in debt collection cases when the respondent fails to respond to the petitioner's claim for unpaid debts or fails to attend court hearings. In each type of motion, the petitioner outlines the specific reasons why they believe default judgment should be entered in their favor, citing the respondent's lack of response, inaction, or non-compliance with court orders. The motion provides the necessary supporting evidence and legal arguments to substantiate the petitioner's request for default judgment.
Gresham Oregon Petitioner's Motion for Default
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FAQ
Once the court has entered a judgment, your creditor can collect the judgment by garnishing you. This lets the creditor take the money directly from your bank account or paycheck. Your creditor might also legally seize your property.
If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to ?set aside? (void or nullify) the judgment. If the judge grants your motion, the case starts back up again.
Generally, a default allows you to obtain an earlier final hearing to finish your case. Once the default is signed by the clerk, you can request a trial or final hearing in your case.
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.
This means judgment can be given without the need for a full trial. The plaintiff generally must give the defendant 28 days' notice that they intend to make such an application before they actually do so.
File the original MOTION and CERTIFICATE with the court clerk. Wait 7 days from mailing the MOTION to the other party. Fill out the Order to Vacate Judgment of Dismissal/Order of Default (ORDER). Make two copies of the ORDER.
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....You have four main options to deal with a default judgment: Accept the judgment. Settle the judgment for less. Challenge the judgment. Pursue debt relief.
You cannot appeal this kind of judgment and have a new trial until you ?vacate the default judgment?, that is, until you have the judgment removed or erased. To vacate a default judgment, do the following: 1. Get the form called Notice of Motion to Vacate Judgment from the small claims clerk.
An order of default is a court order saying that one party (usually the plaintiff) has won the case, and the defendant has lost, because the defendant did not participate in the case.
(h) Default judgment 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.
