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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37893
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Regarding the summons below in the state of oregon, if i was

Resolved Question:

Regarding the summons below in the state of oregon, if i was not personally served the summons to appear in court and it was instead served to another person at my residence, do i have to appear in court and if I do not appear in court can they get a search warrant to search my residence or any property that they believe is an address they believe to be associated with me. Please include any other thoughts or information you feel pertinant to my situation.

In The Circuit of the State of Oregon For the County of Multnomah

Order for examination of judgement debtor (ors 18.265)

This matter came before the court on Defendants motion for examination of judgement debtor, and it apearing from the records and files herein that the judgement in this matter is unsatisfied and that a writ of garnishment was returned to the court unsatisfied, therefore is hereby
ORDERED that (name of defendant), address, Oregon is ordered to appear before the presiding judge of the above entitled court on (date) and answer under oath questions concerning any property or interest in property that (name of defendant) may have or claim.

It is further ordered that (name of defendant) be, and hereby is, restrained from selling, transferring, or in any manner disposing of (name of defendant) property liable to execution or garnishment, pending thjis proceeding. judge will not be present

Order submitted by
(Signature of submitter)
(name of submitter)
(address of submitter)

Next page:

In the circuit court of the state of oregon for the county of multnomah

Notice of appearance to aid in post judgement supplementary procedures.

(Plaintiff's Attorney's name) notices the court and all interested parties that is he is appearing for the plaintiff to aid in post judgement supplementary procedures and all future pleadings, motions, court documents and other papers should be served on him at the address below. Plaintiff's written consent is below.

(signed, dated, with addresses and contact information.)

Next page:

In the circuit court of the state of oregon for the county of multnomah

Motion for examination of judgement debtor.

Comes now the plaintiff by and through its attorney, (name of plaintiff laywer), and respectfully XXXXX XXXXX court pursuant to ORS 18.265 for an order:

1. Requiring (defendant name) to appear in Courtroom (#) of the Multnomah County Courthouse on a date to be set by the undersigned on receipt of the order for examination of judgement debtor at (time) and answer under oath questions concerning any prop0erty or interest in property that (name of defendant) may ahve, claim or transferred, and

2. REstraining (name of defendant) from selling, transferring, or in any manner disposing of property liable to execution or garnishment, pending this proceeding.

This motion is based on ORS 18.265, which provides that the court shall order a judgment debtor to appear for an examination under oath if a writ of garnishment is returned to the Court with the judgement unsatisfied, the unsatisfied Writ of Garnishment of file with the Court, and the court's inherent power to enforce its judgements.

(Dated)

(Plaintiff Lawyer signature, name, contact information.
Submitted: 3 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your question.

So long as the person who was served is someone who lives in the home, that person is 18 or older, and that person lives with you, such service is deemed valid under state law. That is because that person is treated as your "agent" as he or she can sign off for you provided you live together (even a roommate). Therefore since by law you were formally and properly served, you have to appear as otherwise it would result in a default judgment against you.

Good luck.
Customer: replied 3 years ago.
What if the individual served does not actually reside at my residence but instead is instead employed by a seperate business that operates on the property?
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your follow-up.

So long as he is legally permitted to be on the property (an employee, known as a "business invitee" is permitted to be on the property), that is deemed sufficient. If you and the business share common area space, then they could be served instead of you. You can possibly try to claim that the person is not a relative or a room-mate or other resident and try to quash the notice, but since you obviously received it and are aware of it at this point, it is considered sufficient to require you to appear in court.

Good luck.
Customer: replied 3 years ago.

Can the judge impose a search warrant for a small claims judgement for a claim valued at $6007.00?

Expert:  Dimitry K., Esq. replied 3 years ago.
The answer is "no", a search warrant is imposed in a criminal matter, not a civil claim. A judge CAN issue a default judgment if you fail to appear, which once is recorded, can permit the holder of the judgment lien to contact the sheriff and attempt to enter the property as a means of removing assets to pay down the debt.

Good luck.
Customer: replied 3 years ago.
How long does this usually take for the court system to contact the sheriff to enter the property, and if so, if nobody is at the property can they come in without a key or by contacting a locksmith?
Expert:  Dimitry K., Esq. replied 3 years ago.
Typically there may be 3 to 6 months after judgment of a delay of entering the premises. There is usually 30 days granted after a default judgment when the other party can appeal. Once that deadline passes, then the other party can file a petition to domesticate the judgment and record it locally. Once recorded he can then petition the court for a right to lien property, place a wage garnishment, and pursue a bank levy. Then once those are granted, then holder of the lien can then contact the sheriff and they can come out to assist. They generally cannot enter if nobody is on the premises.

Good luck.
Customer: replied 3 years ago.
If there is a wage garnishment already in place but it is not satisfied, is the time frame still the same?
Expert:  Dimitry K., Esq. replied 3 years ago.
No, it is not. If there is already a wage garnishment, that means the judgment has already been domesticated and the other party can file for a lien at any time and pursue you personally for the debts owed.

Good luck, and kindly press the green "accept" button for the assistance I have provided you. Thank you.

Sincerely,

Dimitry, Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37893
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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