Legal Question in Consumer Law in Oregon
Small claims court questions for the defenant
My question is simple though I have searched every where and found no answer. Thank you for your help Lawguru.com
My question is:
How long does a plaintiff have to wait untill filing a small claims report. How past due must the customer be in order to file? I am 3 months behind on a bill and papers were served 2 days ago. Is there anything I can do?
1 Answer from Attorneys
Re: Small claims court questions for the defenant
Default is usualy defined in the agreement. Missing three payments is in all likelyhood qualifies as default. Generally, a creditor will send a demand for payment with some language like "if payment is not received in X days we will pursue our legal remedies. Is there something you can do? Yes. You were served 2 days ago. You have 30 days to answer the complaint. File an answer. Your answer can be as simple as "Defendant appears" However if you have substantive defenses you will want to raise them in your answer. Even if you do not have any defenses you should file an answer and use that leverage to negotiate a settlement.
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