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    Post: First Year Law Question regarding Motion to Set Aside Judgme

    Posted by Firstyear on 7/08/06

    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

    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

    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?

    Posts on this thread, including this one
  • First Year Law Question regarding Motion to Set Aside Judgme, 7/08/06, by Firstyear.
  • Re: First Year Law Question regarding Motion to Set Aside Ju, 7/10/06, by Firstyear.

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