Can I Do Anything About a Default Judgment Against Me?
This article is part of a step-by-step guide to debt collection lawsuits in Oregon. Go here to read the guide and see related articles.
If you're sued over a consumer debt and don't respond by the deadline, the court can decide against you without hearing your side. This is called a default judgment, and it can have serious impacts on your life. A default judgment can damage your credit and allow debt collectors to come after your money and property.
You may have expected a default judgment if you knew you were being sued. Or, you may have found out only after debt collectors started taking money from your paycheck or bank account.
Discovering an unexpected default judgment against you can be shocking and overwhelming, but there are steps you can take to learn what happened and, in some cases, even challenge it in court.
1. Get copies of the court papers
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.
2. Read the proof of service and other papers carefully
Review these documents carefully to check all of the details:
In the proof of service:
- Does it say you were served in person? If so, does it say the papers were handed to you or someone at your home over the age of 14, as required?
- Does it say you were served by mail? If so, is there a copy of a mail receipt showing the papers were delivered or someone signed 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?
3. Consider whether you might be able to fight the judgment
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) the judgment if:
The other side didn't follow the rules when serving or delivering the court papers, or they didn't try to find you, or
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."
Possible defenses:
Some defenses include:
The debt wasn't yours
They added more fees or interest than allowed by law
The debt was too old for them to collect
They didn't actually have the right to collect the debt from you
A lawyer can help you understand whether there are any defenses in your case.
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 very good reason for not responding by the deadline.
4. Talk to a lawyer
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.
5. Act quickly
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.