Q: Steps to vacate a default judgement in Multnomah County Oregon if the plaintiff used void contract as basis of claim?
I received a notice of assignment of debt from a debt collector in Utah, represented locally. I recall the original complaint, and I also recall filing an answer. I never got a notice of hearing or notice of default or notice of garnishment. When they reached out they had already gotten the order to garnish I later found out. It turns out that the hearing went on without me, and the plaintiff used a void lease agreement as the basis of the entire claim.
A: As a general proposition, you have six months to vacate a default judgment.
A: These are likely two separate issues. Even if you have a valid defense to the claim, that does not provide you grounds per se to have the default judgment set aside. You need to provide the Judge with valid grounds to get it set aside - and then defend against the claim. The only question I would have is, depending upon what you mean by a void lease agreement, is whether there are some sort of grounds to convince the court that it did not have jurisdiction to rule on the case to begin with.
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