• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

First Year Law Question regarding Motion to Set Aside Judgment

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.


Junior Member
What is the name of your state? Oregon

What is the name of your state? Oregon

Hi, I'm first year law and trying to figure out a defense to get a Motion to Set Aside Default Judgment DENIED. It's an open discussion and I'm looking for interesting opinions. Thanks!

Here are facts:

1. Small Claims Case Filed
2. Defendant did not answer service sent by certified mail to registered agent
3. Default Judgment Entered
4. Defendant files motion to set aside default judgment stating registered agent received notice but company never received copy (no other information provided such as if registered agent sent notice and it was lost by company or other reason)
5. Date to Hear Set-aside was determined
6. Before Hearing Defendant REMOVES case to District Court
7. District Court REMANDS case back to small claims stating they do not have authority to interfere with a case that has a judgment and do not have jurisdiction to set aside judgment.
8. Company files another motion in small claims court to set aside judgment and hearing date for set aside given by court.

Here is are my two questions:
1) Small Claims court in Oregon has a 60 time limit to file a request to set aside judgment, the first request was within the time limit but then the case was remanded and the hearing canceled by the defendants own voluntary action. After the case was remanded the SECOND request was OUTSIDE the 60 day limit. What would be a good argument to have the set aside denied based on the 60 day limit?

2) The registered agent admits receiving the notice of claim and there is record of receipt but the company is claiming they never got the notice without any other explanation. The company uses this tactic to gain extra time to respond to small claims matters and avoid adherence to the court regulations. What is a good argument that holds them responsible for service and denies the request to set aside judgment?


Junior Member
LOL, it's not homework. It's a case I've come across and I'm trying to figure out how I would approach it.
Tried google couldn't find anything and I don't get my lexis nexis access till September.


Senior Member
Done deal ... agent got the service pproperly served and Company is held.

2nd. They have no standing until and if they get out of default first. Statutes will control how that is done. Must be followed.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential