Portland, OR asked in Civil Litigation, Contracts, Collections and Small Claims for Oregon

Q: Does the use of a unenforceable contract in small claims court rob the court of Subject Mater Jurisdiction?

Plaintiff took me to small claims court, using a lease agreement that violated public policy and included terms that would require illegality to perform, as the basis of claim. Would the plaintiff have standing? If not, could the default judgement be attacked due to the fact that it is void?

1 Lawyer Answer
Daniel DiCicco
Daniel DiCicco
PREMIUM
Answered
  • Portland, OR
  • Licensed in Oregon

A: If you defaulted on the claim then your options are very limited. You will need to try and set aside the judgment but this is done somewhat rarely. You will not be able to do it without an attorney, and then you are facing a situation where it would very likely cost more to set aside the judgment than to just pay it. You could try to do it pro se. You'd have to have a fairly compelling reason to set aside the default judgment.

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