Legal Question in Civil Litigation in Oregon

ANSWER:

Each defendant is treated separately and independently of the other. A valid and lawful Judgment that would adversely affect a defendant's legal and/or financial interests cannot be rendered against a defendant who has not be "officially served." If Def. # 1 has been served, has answered the Complaint with a denial of the claim, the matter will then proceed to trial against Def # 1 only. And if Def # 1 loses, a judgment for the full amount of the claim will be rendered against Def # 1.

If Def # 2 has not been served, Def # 2 is "off the hook," at least for the moment. Plaintiff can still proceed against Def # 2, but only after Def # 2 is served with the Complaint and given opportunity to file an Answer. If not Answer is filed by Def # within the time allowed by law for doing so, a Judgment by Default can takeg against Def # 2. If Def # 2, after being served, files an Answer that denies the Plaintiff's claim, the matter would proceed to trial. (For the Plaintiff, this would be the second trial.) If Plaintiff wins, Plaintiff will get a Judgment against Def # 2. However, since Def # 1 and Def # 2 were sued together, they would be "jointly and serverally liable" for the total amount of Plaintiff's claim, meaning that each defendant is lible for the entire amount, but the Plaintiff is entitled to only ONE total sum. So, for example, if the plaintiff's claim against Def # 1 and Def # 2 was for $3,000, and Plaintiff gets a judgment against each for the $3,000, the Plaintiff is entitlted to collect only ONE total sum of $3,000. It is up to the Plaintiff to implement judgment remedies against either of both defendants, as Plaintiff decides to. TO THE EXTENT PLAINTIFF IS ABLE TO COLLECT THE JUDGMENT AMOUNT FROM ONE DEFENDENT, PLAINTIFF CAN ONLY LOOK THE THE OTHER DEFENDANT FOR THE BALANCE. In other words, plaintiff does not get paid twice. If Plaintiff holds judgments against Def # 1 and Def # 2, and the defendants are "jointly and severally liable," collection of $2,000 from Def # 2 simply means that the remaining judgment debt to be enforced and collected is $1,000, and both defendants continue to be jointly and serverally liable for the remain judgment debt balance of $1,000.

LAWRENCE D. GORIN

http://ldgorin.justia.net/index.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]