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jeajack21

Filing Default judgement...

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Once you have waited over 14 days for a CA that you are suing to respond, what do you need to do to file a default judgement? I live in Oregon and have looked on the Oregon State Bar's webpage and have found nothing. Then after filing do I wait a certain amount of time suggested to wait so that the CA has no legal recourse to overturn the judgement?

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You can't issue a default judgment {or any other sort of judgment}. If they don't respond to a lawsuit, the court will issue the default judgment.

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They need to be served

And you need to take the judgment to their location I do believe this to be the case. Can someone verify this for me?

If once they have been served and then don't show up you have your defaulted judgment.

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And you need to go to court and wait for them NOT to show up to get your judgement handed down from the court.

I don't know what their history is though on actually SHOWING up.

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I was just wondering the process in which I need to go through at the court house in which to obtain a default judgement.

The CA has already been served with Small Claims paperwork and is only given in my state, Oregon, 14 days from being served to respond.

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Ask the clerk of the court if there is a form called a "request for entry of default judgment".

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Thank you calawyer. I have two more questions however. Once I fill out the form for default judgement, do I have to wait a certain amount of time before the default judgement is granted? Also what is the length of time in which the CA can appeal the judgement?

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Calawyer I went into the court house today and asked for a form for filing of default judgement and they told me that they didn't have one. That I can just submit a letter to the judge requesting for a default judgement. Do you have any suggestions on a way in which would be appropriate to write this letter? Also, once the judge approves the motion and grants the default judgement, how do you go seizing real property, taking liens, garnishing wages, garnishing bank accounts, etc.? I know this alot in one thread, sorry for any inconvience. Thanks.

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Sorry - have never delt w/ judgments myself, you should look around here in the other posts, there are others here, that can help you. If I come across them, will post back letting you know who you should find.

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<blockquote>Originally posted by jeajack21

Can someone please answer me, because I would like to get this taken care of ASAP. Thanks.

</blockquote>

I realize Calawyer addressed some of your concerns, and I'm sure he/she is more qualified to do so than I am (I'm not a lawyer). But I've studied it and have been down the exact road you're currently on -- so I'll give it a stab. Also, I'm in Tennessee, so the laws may be different in your locale.

I am a bit confused by your question in that you use the term "default judgement" but your wording signifies what I call a "summary judgement," instead.

You file the complaint with the court. The defendant is given a certain number of days to file an "answer" with the court. Can you request a "default judgement" because the other party didn't file an answer?

I honestly do not know, but my understanding is that a "default judgement" is entered ONLY if the other party doesn't show up in court as scheduled.

A "summary judgement" is different, however. This happens when there are NO issues of fact in the case. In small-claims court, the judge is the trier of fact. If you have ALL the facts straight enough to convince a judge that you've "already won" the case, then there is no issue of fact -- and all the judge has to do is apply the law. This is done by motion, and the exact filing procedures, etc., vary from state to state and court to court. Note that it doesn't necessarily mean you are "out of the woods" if you obtain a summary judgement. The other party can challenge it after the fact. I wouldn't advise going for a summary unless you've done it before and are familiar with it, and/or have an attorney.

As for COLLECTING a judgement, that's a different (and often harder) ballgame. If you win your case, it would be a good idea to consult with the court clerk or an attorney about how to collect. Personally, I like the idea of having the court act as a financial intermediary when collecting a judgement. The person will come nearer to paying the judgement because they will face "contempt" charges if they don't :)

Take it slow and easy, and good luck with your case!

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I don't think it would be called a summary judgement, but I'm not sure...?? I had to fill out this paper that the court gave me when I requested to file for Small Claims. The paper says at the bottom(it's just one piece of paper that I had to fill in the blanks) that withing 14 days after receiving this notice you must do one of the following things:

1. Pay the claim plus fees and service expenses paid by the Plantiff of $________

2. Demand a hearing, or

3. Demand a jury trial

It has surpassed fourteen days and I've of course received my CMRR back. Since the CA(the person I'm suing) did not respond within the time allotted, it states: "If you fail to do one of the above within 14 days after receiving this notice, then upon written request from the Plantiff the Court will enter a judgement against you for the amount claimed plus fees and service expenses paid by the Plantiff.

I understand that I write a letter to the court (court does not have any sort of paperwork for judgement), but I'm not exactly sure what I state in this letter and whom exactly I address it too. The judge???

Also, since the court would give me a judgement after I write this letter, is there a timeframe I must wait to save my behind from having the judgement appealed? Or once the court issues a judgement am I free and clear?

One last question, once you get the judgement, how do you get the court involved to act as an intermediary? Thanks for all of the help in advance. jeajack21

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Ok, so it sounds like the court system where you are gives the option of a post-complaint settlement without a trial (NICE!).

If I were you (keep in mind I'm not a lawyer and this is not intended to be legal advice), I would write a simple memorandum to the "Honorable xxxxx Court of XXXXXX County, State," stating that neither you NOR the court clerk's office received a response of any type during the 14-day period, and that you "respectfully request that a default judgement be entered in your favor." File this memorandum with the court clerk, and include a copy of the complaint and your mail return-receipt.

I would think the other party could still bring the matter up, IF they can show just cause as to why they didn't or weren't able to respond during the 14-day period. But this will be a moot point if you have an airtight case against them -- they might insist on a hearing, but you're going to win anyway, right? :)

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OK, found this for you in the OR statutes:

http://landru.leg.state.or.us/ors/055.html

....party entitled to appeal may, within 10 days after the entry of the judgment against the party, appeal to the circuit court for the county in which the justice court is located....

so if you get a judgment they have 10 days to file an appeal.

from the OR state bar website: http://www.osbar.org/1legallinks/public/infocenter/pamphlets/smallclaims.html

If the defendant does not respond to your claim filed in the small claims department, you should fill out a Request for Default Judgment form. Once you submit the form, the court clerk will enter a judgment against the defendant for the amount you are asking in your suit plus your court costs. Your claim will be dismissed in 90 days if the defendant does not appear and you have not filed the Request for Default Judgment. It is your responsibility to check with the clerk every two weeks after the notice is served to see if the other party has filed a response.

couldn't find an online form for the default judgment.

what county are you in?

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Thanks everyone for your great help and advice. Cookiemonster, to answer your question, I am in Washington County in Oregon. Thanks again.

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<blockquote>Originally posted by jeajack21

Thanks everyone for your great help and advice. Cookiemonster, to answer your question, I am in Washington County in Oregon. Thanks again.

</blockquote>

OK, they don't have their forms on their website, so you'll have to see if you can amend the one that I posted.

Good luck.

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Sorry, I haven't responded. I've been very busy lately and haven't had a chance to check the board. It seems strange to me that there is a form for one county but not another. Guess that's why I don't call myself orelawyer.

I might try calling the court in your county again. Some clerks are more helpful/knowledgeable than others. If you get the same answer, try modifying the form for your county.

Good luck

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calawyer, in OR small claims courts fall under the scope of the judicial courts, located in each county. (going off memory here so the name of the courts may be a bit different.)

Some of the county courts have websites. Some of them don't. The OP's county doesn't. The ones that DO have websites, some of them have forms on them. Not all of them had the default judgment request form (yes, I went through every county last night, lol). The ones that did, had a form pretty much identical to the one I linked to, maybe a slightly different format, but all the same info requested. All of them had their own county name at the top of the form.

Weird, I know. But I was bored last night and went looking for info.

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I just received an email from the FTC. This in response to a complaint I filed against a CA. The email has a lot of general info. But it did say that a CA cannot bring bring a suit against you outside the district of your residence or where the contract creating the debt was signed. :D

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