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Default Judgement from a Different State

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ithr

Junior Member
My question involves small claims court in the state of: Oregon. I used to live in Oregon, I moved to California in Sept 2004. I just found out about a judgment against me in Oregon. It appears to be from Oct 06, I don't have a copy of the judgment and I’m not sure what I was sued for. They had a Postal Annex address that the company I worked for use to have. I tried to call, the Postal Annex is no longer there. I'm wondering what to do. Can I request that it be thrown out due to me not living in the state or the fact that I was not personally served?
 


sandyclaus

Senior Member
My question involves small claims court in the state of: Oregon. I used to live in Oregon, I moved to California in Sept 2004. I just found out about a judgment against me in Oregon. It appears to be from Oct 06, I don't have a copy of the judgment and I’m not sure what I was sued for. They had a Postal Annex address that the company I worked for use to have. I tried to call, the Postal Annex is no longer there. I'm wondering what to do. Can I request that it be thrown out due to me not living in the state or the fact that I was not personally served?
Not living in the state is not a reason to have a judgment thrown out. The courts deal with out-of-state parties and judgments all the time.

You can, however, challenge the judgment if you never received notice of the hearing. Notice is required, so the courts are sure you know about a court action, so that you have the right & opportunity to defend yourself. If you weren't served at all, you never received notice, and were denied that opppotunity.

Check with the Oregon courts on the process for filing a motion to vacate the judgment based upon the fact you weren't served.
 

ithr

Junior Member
Yes it was in 2006. I just found out about from them trying to garnish wages here in California. Which doesn't seem correct because they have not received permission from California to do so.
 

ithr

Junior Member
Thank you sandyclaus. I was looking at this TITLE 5 and what about section 46.560. Except as provided in subsections (1) and (2) of this section, all actions in small claims department shall be commenced and tried in the county in which the defendants, or one of them, reside or may be found at the commencement of the action.

Wouldn't that mean that they should have sued me here in California?

Also money is very tight right now...is there a way of doing this without having to go to Oregon?
 

bruceli

Member
Thank you sandyclaus. I was looking at this TITLE 5 and what about section 46.560. Except as provided in subsections (1) and (2) of this section, all actions in small claims department shall be commenced and tried in the county in which the defendants, or one of them, reside or may be found at the commencement of the action.

This is however followed by, " or the county where the action occured." People have a tendecy to leave a state when they acquire knowledge of a pending suit.
 

sandyclaus

Senior Member
Thank you sandyclaus. I was looking at this TITLE 5 and what about section 46.560. Except as provided in subsections (1) and (2) of this section, all actions in small claims department shall be commenced and tried in the county in which the defendants, or one of them, reside or may be found at the commencement of the action.

Wouldn't that mean that they should have sued me here in California?

Also money is very tight right now...is there a way of doing this without having to go to Oregon?
Nope.

If you lived in Oregon and the incident leading up to the Small Claims case happened in Oregon, then Oregon is where the case would have to be fought. And since that's where the case was filed, heard and judgment entered, that's where you must go to request that they vacate the judgment.
 

ithr

Junior Member
I found out that it was from a old credit card. If it is one of my old ones then it would have been opened in a different county then where they filed.
 

ithr

Junior Member
The collections company did not show up to the motion to vacate. I provided proof that the company served a business address that was listed as dissolved 1 year prior to service. The judge set aside the judgment. He said he was going to have paperwork sent to attended mediation with the Plaintiff.

They have filed a sister-state judgment against me. I have not yet been served on this. Can I wait until they serve me to respond? I ask because it is pretty expensive to file an out of state motion to vacate. Can they attempt to garnish wages or take funds from my bank without serving me?

Credit card debit has a statue of limitation in Oregon of 7 years. Would the court be looking at the case as if they were reviewing it in 2006? Or could I argue the SOL is up? The only information the collection company would give me is the debt was 6+ years old when they filed it. They refuse to supply me with any other information.

6 years prior when they said the credit card is from I lived in a different county in the same state. I can I argue that this court doesn't have jurisdiction? I’m not sure I have any paperwork to show where I lived then, it would be over 10 years ago.

Can I subpoena records prior to mediation? If so is that something I would need to get authorized by the court and do they typically charge for it? Do I need to fill out a specific form or can I just write a letter and mail a request? Or should I wait till mediation to request a copy? I would be doing the mediation over the phone.

I read online from another person sued by this company that they have serving others hoping for a default judgment. They said that when they asked for proof of the debt a new hearing was scheduled and the collections agency did not show up, it was thrown out. I have a feeling they do this often since they didn't show on mine either. I would still like to be prepared in case.

Thanks for all the feedback so far!
 

Kiawah

Senior Member
Why don't you just pay your old credit card bill, and be done with this? Wouldn't that be the ethical thing to do?
 

ithr

Junior Member
The company refuses to supply any information to me about the credit card and I don't know that's it mine.
 

ithr

Junior Member
I didn't flee, I moved for work in 2004. We are talking small claims here, it cost me more to move to california then the judgment is for. It's not like I'm trying to hide from them. I have given them my address and phone number. They refuse to provide any information about this is for, they will not return my phone calls or reply to my letters.
 
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latigo

Senior Member
Not living in the state is not a reason to have a judgment thrown out. The courts deal with out-of-state parties and judgments all the time.

You can, however, challenge the judgment if you never received notice of the hearing. Notice is required, so the courts are sure you know about a court action, so that you have the right & opportunity to defend yourself. If you weren't served at all, you never received notice, and were denied that opppotunity.

Check with the Oregon courts on the process for filing a motion to vacate the judgment based upon the fact you weren't served.
Let me ask you a personal question, sandyclaus.

Is there a doctoral degree in law lying about anywhere that bears your name?

This business of small claims courts dealing with non-resident defendants and out of state judgments ALL THE TIME just somehow prompts me to ask.
 

justalayman

Senior Member
They have filed a sister-state judgment against me. I have not yet been served on this. Can I wait until they serve me to respond?
If it has already been filed, you should be able to take action without being served. I do not think ( not sure though) they can take action on the judgement until you are served.

If you have had the judgment this domestication action is based on set aside, this action should be dismissed with proof of the action in Oregon.

I just found out about from them trying to garnish wages here in California. Which doesn't seem correct because they have not received permission from California to do so.
what action has been taken to try to garnish your wages?
 

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