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 is important to file a proper response and/or motion after receiving a summons to avoid having a default judgment entered on your records. If you believe that you are not the proper person sought to be made a party to an action, and that there has been a mistake in identity, rather than a misnomer, it is possible to file a motion to dismiss the complaint and/or quash service of the summons.
A "default judgment" may be rendered against a party if it is the result of a party's failure to take a necessary step in the action within the proper time; this generally means a failure to plead or otherwise defend within the time allowed. Since, under rules of procedure, allegations not specifically denied are deemed admitted, failure to file a responsive pleading will generally result in the entry of a default judgment against the defendant. When a complaint is filed and the defendant fails to file an answer within the applicable time period, a default judgment may be entered against the defendant.
An answer is a legally sufficient response to the allegations that have been alleged against you in the complaint. The answer will generally either admit or deny each claim made by paragraph, or state an inability to admit or deny for lack of knowledge. Defenses may also be raised. A counterclaim or cross claim may also be asserted.
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.
