Q: I need a form for Oregon Circuit court to set aside a default judgment and order. Where can I find one?
A:
There are no forms for this. You have to file a motion and support declaration (or affidvait) specifying why the judgment should be set aside. You also have to file an answer or other responsive pleading to the complaint. The court will consider whether you acted quickly to set aside the judgment once you learned of it, whether you have a valid defense, and whether the judgment was obtained by fraud other other misconduct or whether your failure to respond was based upon excusable neglect.
ORCP 71 B(1) provides, in part:
"On motion and upon such terms as are just, a court may relieve a party or such party's legal representative from a judgment for the following reasons: (a) mistake, inadvertence, surprise, or excusable neglect; * * * ( c) fraud, misrepresentation, or other misconduct of an adverse party. * * * A motion for reasons (a) * * * and ( c) shall be accompanied by a pleading or motion under Rule 21 A which contains an assertion of a claim or defense. The motion shall be made within a reasonable time, and for reasons (a), * * * and ( c), not more than one year after receipt of notice by the moving party of the judgment."
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