Legal Question in Consumer Law in Oregon

Small Claims

I have been named as a defendant in a Small Claims case in Oregon with another party. I was the co-signer of a loan, which was not paid. I was not notified at all that the payments have not been made. The process server gave all of the documents, including mine, to the other defendant's roommate. I do not reside where the documents were served. I have not been served yet, nor have I received anything by certified mail. Can I file a motion to dismiss on insufficient service?


Asked on 3/13/07, 6:48 pm

1 Answer from Attorneys
Andrew Svitek Svitek Law Group, LLC

Re: Small Claims

ORCP 7(d)(2)(B) Substituted Service states that service may be made "by delivering a true copy of the summons and the complaint at the dwelling house or usual place of abode of the person to be served, to any person 14 years of age or older residing in the dwelling house or usual place of abode of the person to be served. Where substituted service is used, the plaintiff, as soon as reasonably possible, shall cause to be mailed, by first class mail, a true copy of the summons and the complaint to the defendant at defendant�s dwelling house or usual place of abode"

Substituted service may require a showing that ordinary service is impracticable and that substituted service will reach the party the party.

Otherwise, the fact that you didn't know that the loan payments were not being made is irrelevant. You are still liable, that is why you generally don't want to cosign for anyone unless you have the utmost confidence in that person or have the funds to takeover the loan yourself.

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Answered on 3/24/07, 6:30 am


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