Default judgment in Oregon: how to set it aside
Missed the deadline? Here is how to ask the court to cancel the default.
Checked against official sources: Oct 24, 2026.
Short answer
A default judgment means the court decided against you because you didn't answer. File a motion under ORCP 71 B to be relieved from the judgment for mistake, inadvertence, surprise, excusable neglect, fraud or similar reasons, within a reasonable time and no more than 1 year after you got notice of the judgment.
- Shortest time to ask
- 1 year (ORCP 71 B motion)
- Time to answer
- 30 days
What a default judgment means in Oregon
If you do not appear within 30 days, the plaintiff can ask for a default judgment for the amount claimed plus fees, service costs and a prevailing party fee. That judgment can be used to garnish your wages or bank account or take property.
Asking the court to undo a default in Oregon
File a motion under ORCP 71 B to be relieved from the judgment for mistake, inadvertence, surprise, excusable neglect, fraud or similar reasons, within a reasonable time and no more than 1 year after you got notice of the judgment. A judgment for a debt buyer that did not follow ORS 646A.670 can also be challenged by an ORCP 71 motion.
Law: ORCP 71 B(1); ORS 646A.670(2)(b)
Count your deadline to set aside a default
What the judgment means in Oregon
- Interest after the judgment
9% a year simple interest from the date of judgment, unless the contract bears more than 9% (then the contract rate). Interest also runs on attorney fees and costs in the judgment.
- How long it lasts
Judgment remedies expire 10 years after the judgment is entered. Before they expire, the creditor can extend them once by filing a certificate of extension; the extended remedies expire 10 years after the certificate is filed.
Law: ORS 82.010(2); ORS 18.180(3); ORS 18.182(1), (5)
Military service and defaults
Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service.
Law: 50 U.S.C. 3931(b)(1)
What to do now in Oregon
Get the judgment papers
Get the judgment from the clerk; the date on it starts your time limits.
Act within the time limit
In Oregon: File a motion under ORCP 71 B to be relieved from the judgment for mistake, inadvertence, surprise, excusable neglect, fraud or similar reasons, within a reasonable time and no more than 1 year after you got notice of the judgment.
Give your reason and your defense
Most courts want to know why you didn't answer and what your defense is. Attach your answer if the court asks.
Watch for garnishment
Free help in Oregon
Questions about default judgments in Oregon
What is the deadline to answer a debt suit in Oregon?
Circuit court civil action: file a motion or answer within 30 days from the date you were served. Small claims: return the Defendant's Response within 30 calendar days after you received service (you can deny the claim, pay it, counterclaim, or ask for a jury trial if the claim is over $750).
Can the plaintiff win by default in Oregon?
If you do not appear within 30 days, the plaintiff can ask for a default judgment for the amount claimed plus fees, service costs and a prevailing party fee. That judgment can be used to garnish your wages or bank account or take property.
How long do I have to undo a default in Oregon?
File a motion under ORCP 71 B to be relieved from the judgment for mistake, inadvertence, surprise, excusable neglect, fraud or similar reasons, within a reasonable time and no more than 1 year after you got notice of the judgment. A judgment for a debt buyer that did not follow ORS 646A.670 can also be challenged by an ORCP 71 motion.
Related Oregon pages
Sources
- ORCP 71 B(1); ORS 646A.670(2)(b)
- ORS chapter 18 (judgments, garnishment, exemptions)
- ORS chapter 21 (court fees)
- ORS chapter 46 (small claims)
- ORS chapter 82 (interest)
- ORS chapter 646A (ORS 646A.670 debt buyer lawsuits)
- Oregon Judicial Department: Debt Collection Cases
- OJD: Instructions for Responding to a Small Claim
Last checked: Oct 24, 2026.