Full question:
We are being sued by a collection agency for medical bills, and need to file a motion to respond to being served, (within 30 days)
- Category: Civil Actions
- Subcategory: Summons
- Date:
- State: Oregon
Answer:
It's crucial to respond properly after receiving a summons to prevent a default judgment. If you believe you are not the correct person being sued and there has been a mistake in identity, you can file a motion to dismiss the complaint or quash the service of the summons.
A default judgment can occur if you fail to take necessary actions within the required time, which usually means not filing a response. If you do not respond, the court may consider the allegations in the complaint as admitted, leading to a default judgment against you.
An answer is your formal response to the allegations, where you can admit or deny each claim or state that you cannot admit or deny due to lack of knowledge. You may also raise defenses or file a counterclaim or cross-claim.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.