The Motion for Default Judgment & Defendant Status Declaration is the Oregon Judicial Department (OJD) small claims form a plaintiff uses to file a motion for default when the defendant did not pay or deny the claim. On one page you state the money and other terms you want and certify the defendant's status, including military service. On FillingPDF you can fill out the form online and download or print the completed PDF; the OJD publishes the original at courts.oregon.gov, and the form is filed in your small claims case.
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What is Motion for Default Judgment & Defendant Status Declaration – Oregon?
The Small Claims – Motion for Default Judgment & Defendant Status Declaration is the Oregon Judicial Department (OJD) form on which a small claims plaintiff asks the circuit court for a default judgment against a defendant who did not pay or deny the claim, and declares the defendant's status.
The form is headed "In the Circuit Court of the State of Oregon," with the county, the Small Claims Department and the case number, and it cites ORS 46.425. It combines two things in one page: the motion, which lists the amounts and terms requested, and the declaration, in which the plaintiff certifies facts about service, the defendant's legal capacity and military service.
In the motion part you request a money award, prejudgment interest, costs and service expenses, and the prevailing party fee under ORS 20.190, with a total judgment award. You may also ask for post-judgment interest at the statutory rate, or at a rate agreed by the parties, and for other terms such as the return of described property.
The form says to attach a completed Small Claim General Judgment Form. It ends with a declaration, under penalty of perjury, that the statements are true to the best of your knowledge and belief and are made for use as evidence in court.
Who needs to file Motion for Default Judgment & Defendant Status Declaration – Oregon?
The plaintiff in an Oregon circuit court small claims case uses this form to request a default judgment when the defendant was properly served with a copy of the claim and failed to pay or deny it within 30 days.
The form asks the plaintiff to certify that the person the judgment is requested against is not a minor, a protected person, a respondent, or incapacitated, as those terms are defined in ORS 125.005. If that is not true, the certification cannot be made as printed.
Every plaintiff must also state the defendant's military status: in active military service (with a signed waiver attached), not in active military service, or unable to determine. The form warns that certain members of the military may be protected by the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. App. 501 to 596, and that you cannot get a default judgment against a protected member unless other legal steps are followed or the defendant signs a waiver. It suggests talking to a lawyer if you have concerns.
Plaintiffs who are a debt buyer, or a debt collector acting on behalf of a debt buyer, check the separate box for that status and answer whether the initial pleading complied with ORS 646A.670(1) and UTCR 5.180.
When to file Motion for Default Judgment & Defendant Status Declaration – Oregon
File the motion after the defendant has been properly served with a copy of the claim and has failed to pay or deny it within 30 days. That is the fact you certify in item 1 of the form, so the motion cannot be completed truthfully before the 30 days have passed. The form prints no other deadline.
The form is filed within your existing small claims case, which is why it asks for the county and the case number at the top. Have the completed Small Claim General Judgment Form ready at the same time, because the form says to attach it.
Documents you need
- Completed Small Claim General Judgment Form: the form says to attach it to the motion.
- Copy of the agreement of the parties: attach only if you request post-judgment interest at a percentage per year by agreement instead of the statutory rate.
- Signed SCRA waiver: attach only if you state that the defendant is in active military service.
- Certificate of Service or printout from the Dept. of Defense website: attach if you state that the defendant is not in active military service; alternatively describe the facts that support that statement.
How to fill out Motion for Default Judgment & Defendant Status Declaration – Oregon
Enter court, county and case number
At the top, write the county for the circuit court, the case number, and the names of the plaintiff and defendant as they appear in your small claims case.
Name the plaintiff and defendant
In the sentence beginning "I, (name)," enter your name as the person requesting the default judgment, then the name of the defendant you request judgment against.
Enter the money amounts
Enter the money award on line 1, prejudgment interest on line 2, costs and service expenses on line 3 and the prevailing party fee (ORS 20.190) on line 4. Then enter the total judgment award.
Request additional or other terms
If you want them, check post-judgment interest at the statutory rate, or enter the yearly percentage by agreement of the parties and attach a copy of the agreement. Use the "other" line to describe any property requested.
Certify service and the 30 days
Certification 1 states that the defendant was properly served with a copy of the claim and failed to pay or deny it within 30 days. Confirm it is true before you sign.
Certify the defendant's legal capacity
Certification 2 states that the person you request judgment against is not a minor, a protected person, a respondent, or incapacitated, as defined in ORS 125.005.
State the military service status
Check one: in active military service (attach the signed SCRA waiver), not in active military service (attach a Certificate of Service or Department of Defense printout, or describe supporting facts), or unable to determine (describe the reason).
Complete the debt buyer statements
If the plaintiff is a debt buyer or a debt collector acting on behalf of a debt buyer, check that box. Indicate whether the initial pleading did or did not comply with ORS 646A.670(1) and UTCR 5.180.
Sign and date the declaration
Enter the date, sign, and print your name under the declaration that the statements are true to the best of your knowledge and belief and are subject to penalty for perjury.
Review, download and assemble
Check every amount and attachment, including the Small Claim General Judgment Form. Download or print the completed PDF from FillingPDF and file it as described under How to submit.
How to submit Motion for Default Judgment & Defendant Status Declaration – Oregon
The form names no filing address, portal or fee. It is headed for the circuit court, Small Claims Department, of the county where your case is pending, with your case number, so it goes to that court with the attachments the form lists.
- Court where your case is pending: file the signed form with the circuit court named at the top of the form, together with the completed Small Claim General Judgment Form.
- Other attachments: add the agreement if you request interest by agreement, the signed SCRA waiver or the Certificate of Service or Department of Defense printout, as your answers require.
The OJD Forms Center states that statewide forms on its site are accepted in all circuit courts, that some filings can use interactive forms (iForms) that can be filed electronically, and that court staff cannot give legal advice. Ask your court clerk about local filing rules and any fees. FillingPDF lets you fill out and download the PDF; submission follows the court's channels.
Common mistakes to avoid
- Filing before the defendant has had 30 days after proper service to pay or deny the claim, which the form requires you to certify.
- Leaving off the completed Small Claim General Judgment Form, which the form says to attach.
- Requesting a percentage rate of post-judgment interest by agreement without attaching a copy of the agreement.
- Stating the defendant is in active military service without attaching the signed SCRA waiver.
- Stating the defendant is not in active military service without attaching a Certificate of Service or Department of Defense printout, or describing supporting facts.
- Skipping the debt buyer box and the ORS 646A.670(1) and UTCR 5.180 statement when the plaintiff is a debt buyer or a debt collector acting for one.
- Signing the declaration without reading the certifications; it is made under penalty of perjury for use as evidence in court.
- Leaving the county or case number blank at the top of the form.
Frequently asked questions
What is a motion for default judgment in Oregon small claims?
It is the plaintiff's request that the circuit court enter judgment because the defendant did not pay or deny the claim within 30 days after proper service. This OJD form combines that motion with a declaration about the defendant's status, and it asks you to attach a completed Small Claim General Judgment Form.
When can I file a motion for default in an Oregon small claims case?
After the defendant was properly served with a copy of the claim and failed to pay or deny it within 30 days. The form has you certify exactly that, so wait until the 30 days have passed. The form prints no other deadline.
What do I attach to the Motion for Default Judgment & Defendant Status Declaration?
Attach the completed Small Claim General Judgment Form. Add a copy of the agreement if you request interest by agreement, a signed SCRA waiver if the defendant is in active military service, or a Certificate of Service or Department of Defense printout if the defendant is not.
Why does the form ask about military service?
Certain members of the military may be protected by the Servicemembers Civil Relief Act (SCRA). The form says you cannot get a default judgment against a protected member unless other legal steps are followed or the defendant signs a waiver. It suggests talking to a lawyer if you have concerns.
What if I cannot tell whether the defendant is in the military?
Check the box stating you are unable to determine whether the person is in military service and describe the reason on the form. Use the other options only when you can support them with a signed waiver, a Certificate of Service, a Department of Defense printout or described facts.
Do I need to sign the form under penalty of perjury?
Yes. The declaration says the statements are true to the best of your knowledge and belief, are made for use as evidence in court, and are subject to penalty for perjury. You enter the date, sign and print your name at the bottom of the form.
Can I fill out the motion for default judgment form online?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the form with the court or the OJD; you file it through the court's channels.
What do debt buyers have to add to this form?
If the plaintiff is a debt buyer or a debt collector acting on behalf of a debt buyer, check that box. The form also asks whether the initial pleading in the case did or did not comply with ORS 646A.670(1) and UTCR 5.180.
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