Consumer Protection Law
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Hi! LegalGems here. I'll do my best to assist you.I can only provide general information, so a follow up consult with a private lawyer is recommended. I am sorry to hear of this. It sounds like they got a Default Judgment. This is a judgment that the court enters when the defendant does not show up - the court will assume that everything, as represented by the plaintiff, is true, as there is no one to object to the contrary. As such the court enters a default judgment for the amount of money requested by the plaintiff. If the plaintiff did not receive proper service, they can file a Motion to Vacate Default Judgment in the court that issued the judgment. Generally courts like to see a party get their "day in court" so if service was improper they will generally vacate the judgment. The creditor then has the option to pursue it again in court, assuming the statute of limitations has not expired. Also, the plaintiff has the Burden of Proof, meaning that if they cannot prove the debt is valid, or that the defendant is the one who owes the debt, then no judgment is issued, and the case is dismissed. In Oregon, the statute of limitations for a debt is generally 6 years http://www.statuteoflimitations.net/oregon_statute_of_limitations.htm so it is likely that if the motion to vacate is successful, the plaintiff will be barred from filing a subsequent law suit. Here is a sample Motion to Vacate Judgment. http://courts.oregon.gov/Coos/docs/MotiontoVacateJudgment.pdf