Legal Question in Business Law in Oregon

I have a contract that has some language that i don't under stand, and should it be in my contract

The undersigned, irrevocably authorizes an attorney to appear in any court of competent jurisdiction and congress a judgment without process in favor of the creditor for such amount as may then appear unpaid hereon, and to consent to immediate execution upon such judgment in accordance w/ ORCP73


Asked on 12/18/17, 8:57 am

1 Answer from Attorneys

Collin McKean Collin McKean

The contract language waives your right to notice and opportunity to be heard.

The value of this language to your negotiating counterpart is the ability to obtain a money award/judgment against you in an expedited manner and then execute (garnish your accounts or execute on property) against available assets.

A more neutral term would allow for this process, however, it would specify a process for notice to you and opportunity to be heard before a money award/judgment is entered against you.

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Answered on 12/19/17, 5:32 pm


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