Full question:
I need to file a motion or answer to a summons to appear. I would like to buy sometime here so I can get my case together. I am in the middle of a move because I am not being able to pay the rent. I can not seem to find the right form.
- 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. 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. A certificate or proof of service is attached to show a copy was served to the other party(ies).
It may be possible to file a motion for leave to extend the time to answer the complaint. A motion for continuance may be used to request an extension of time from the court, such as to file a responsive pleading. In the body of the motion, the facts are succinctly stated, such as the date the action was filed, the currently scheduled date of the hearing, and the reason for requesting additional time, such as the need to obtain legal representation. The motion may state the reason for the inability to obtain counsel, such as absence from the jurisdiction, and that the motion is not being made for purposes of delay, but to prevent injustice. The court may deny the motion, for example, if it finds the failure to obtain counsel is due to unreasonable delay, lack of diligence, or neglect on behalf of the moving party.
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.
