Posted by Firstyear on 7/08/06

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What is the name of your state? Oregon

Hi, I'm first year law and trying to figure out a defense
to get a Motion to Set Aside Default Judgment DENIED. It's
an open discussion and I'm looking for interesting
opinions. Thanks!

Here are facts:

1. Small Claims Case Filed
2. Defendant did not answer service sent by certified mail
to registered agent
3. Default Judgment Entered
4. Defendant files motion to set aside default judgment
stating registered agent received notice but company never
received copy (no other information provided such as if
registered agent sent notice and it was lost by company or
other reason)
5. Date to Hear Set-aside was determined
6. Before Hearing Defendant REMOVES case to District Court
7. District Court REMANDS case back to small claims
stating they do not have authority to interfere with a
case that has a judgment and do not have jurisdiction to
set aside judgment.
8. Company files another motion in small claims court to
set aside judgment and hearing date for set aside given by
court.

Here is are my two questions:
1) Small Claims court in Oregon has a 60 time limit to
file a request to set aside judgment, the first request
was within the time limit but then the case was remanded
and the hearing canceled by the defendants own voluntary
action. After the case was remanded the SECOND request
was OUTSIDE the 60 day limit. What would be a good
argument to have the set aside denied based on the 60 day
limit?

2) The registered agent admits receiving the notice of
claim and there is record of receipt but the company is
claiming they never got the notice without any other
explanation. The company uses this tactic to gain extra
time to respond to small claims matters and avoid
adherence to the court regulations. What is a good
argument that holds them responsible for service and
denies the request to set aside judgment?

Re: First Year Law Question regarding Motion to Set Aside Ju, 7/10/06, by Firstyear.

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