OR 15.010.1b - Linn County 2013-2024 free printable template
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I traced Yvonne during the litigation lawyer we are talking in this video the difference between a default and a default judgment under the Federal Rules of Civil Procedure so without further ado let's head to the attorney Steve litigation white board all right pack it up people let's get some let's get this back up here there we go let's get our boxing gloves in there fighting for your rights fighting for your damages okay, so we're going to talk a little about a default versus default judgment this is a topic that confuses a lot of people we'll get some calls from people that say I just got a default, or I got a default judgment what do I don't have a chance I was never served the papers what's going on here someone's trying to get a judgment against me so let's talk real quick about the process here if you've watched our other videos this is going to repeat a few things if you haven't seen our videos before we thank you for joining us and watching but basically when you're in litigation you always start with this complaint that complaint is the thing that triggers what's going on here, so the complaint is filed these little boxes are my documents here these are my documents, so you have a complaint that's filed in federal court you're going to get 20 days to respond to that complaint if you don't respond the other party gets to come in and file for a default to take your default okay, so the complaint is filed the papers must then be served on you federal courts have a little more liberal standard than the state courts do, but you have to give notice of the summons a complaint reasonably likely reasonably calculated to provide actual notice of the lawsuit, so these service issues sometimes can become a big issue where somebody's being served at the wrong place, or they're not being served at all what we call sewer service where you just throw it in the sewer and go yeah yeah proof of service week we serve them cheating lying sewer service so what happens is you've got these twenty days the complaints filed you have 20 days to respond your response options in federal court are basic you have you can file your answer which basically says I deny this I admit that I deny that, so you can file an answer or another popular favorite is a motion to dismiss for example you say that there's a lack of personal jurisdiction or other grounds what we call called a 12 B motion so if you want to look that up we should do another separate video on 12 B motions the grounds for filing a 12 B motion but like personal jurisdiction is a big one if you're an out of jurisdiction you're out a company that's out in Europe or Australia or something you're being sued here you may say well there's no minimum contacts why am I being served here motion to dismiss so what happens is within these 20 days if you fail to plead or otherwise defend there's your magic keywords that's why we're circling it if you fail to plead or otherwise defend in other words if you don't come...
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