Can I Do Anything About a Default Judgment Against Me?

When someone files a lawsuit, they are required to take steps to notify the person they are suing by giving them copies of the paperwork, called the complaint and summons. This is called service. Learn more about these legal papers in this article about debt lawsuits. 

• Contact the person or company that sued you (called the plaintiff in the legal paperwork) and ask for a copy of the proof of service they turned in to the court and a copy of the complaint. If you can't get them from the plaintiff, get them from the court in the next step. 
• Contact the court that made the judgment and ask for copies of the proof of service, summons, complaint, and judgment.

Review these documents carefully to check all of the details: 

In the proof of service: 

• Does it say you were served in person, with the papers handed to you or someone at your home over the age of 14?
• Does it say you were served by mail? If so, is there a copy of a mail receipt showing the papers were delivered or that someone signed for them?
• Does it say you were served by posting or publication, meaning they announced the lawsuit in a newspaper or courthouse? If so, what did they do first to try to find you directly?
• Who is listed in the paperwork as having completed the required steps? 

In the complaint: 

• How much did they say you owe and why? 
• Is the amount accurate?
• Where do they say the debt came from? 
• How old is the debt? When was the last time they say you made a payment? Learn why this might matter in this article about debt collection time limits.
• Does the amount include interest and extra fees? Learn more about how interest works in debt collection in this article. 

In the judgment: 

• When did the court decide the case?
• How much does the judgment say you owe?

There are only a couple of ways to fight a default judgment against you. You may be able to ask the court to set aside (cancel) it if:

1. The other side didn't didn't follow the rules when serving or delivering the court papers, or they didn't try to find you., or

2. You have a possible defense against the debt AND can show that you didn't respond in time because of "surprise, mistake, inadvertence, or excusable neglect." 

Defenses:

• Some defenses include that the debt wasn't yours, they added more fees or interest than allowed by law, or the debt was too old for them to collect.

• Learn more about defenses to a debt collection lawsuit in this article.

Surprise, mistake, inadvertence, or excusable neglect: 

• These are legal terms, and a lawyer can help you understand whether the reason you didn't respond would qualify.

• Generally, if the other side served you properly, you will need a good reason for not responding by the deadline. 

A lawyer can:

• Review the paperwork and help you understand if the debt amount was incorrect.
• Talk to you about whether the other side followed the rules when serving the court papers. 
• Help you understand whether you have any defenses and whether you can ask the court to cancel the judgment.
• Fill out and file the necessary paperwork, or help you file it yourself.

• Go here to search for free and low-cost legal services in our legal directory.
• Contact the Oregon State Bar's Lawyer Referral Service to get connected with a lawyer who can give you a low-cost consultation.

In Oregon, you usually must ask to cancel a default judgment within one year of learning about it.

• In special circumstances, you might be able to challenge it even after this deadline.

• Talking to an attorney will help you know whether this applies to your situation.