Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
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
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).