Question -Oregon

[Busymommy123]

Oregon


We recently had a small claims case filed against us by a collection company for a few different bills that totaled $800. Well apparently they weren't able to get us served, and I just received a letter in the mail saying that a General Judgment of Dismissal had been entered in the case. Does this mean that the collection agency can no longer come after us for the money? Or can they reopen the case? Its not that we want to owe this bill, we just can't pay it right now, trying to pay off medical bills with one income. I am also wondering if they can take it to the justice court in town, the case was dismissed from circuit court in our county. Thanks for the info!

 

[ForFun]

Unless the complaint was dismissed with prejudice, it can be refiled. Failure to serve process is not a reason to dismiss with prejudice.

 

[Busymommy123]

Wouldn't they have had a chance to extend the case? Someone told me that they can extend it for 30day periods up to 3 times.. If they didnt do this then I wonder what the chances would be of them refiling the case. And also, if they refile the case do they have to pay all their filing fees again, and if there is a judgment entered against me would I be responsible for paying their filing fees from BOTH cases? Thanks

 

[ForFun]

Whomever told you about extending something for 30 days, 3 times was probably referring to the summons.

The summons must be served within 30 days of its issuance. You can ask for an extension 3 times before the summons expires and the case is dismissed. At that point, the case will need to be refiled.

You will likely be responsible for paying all court costs, whether the complaint is filed once or 3 times.

I'll qualify this post by letting you know that I'm giving the rule from my state, which is probably very similar to Oregon's rule. Perhaps somebody with more knowledge of Oregon law specifically can verify or correct what I wrote.