How to Vacate a Default Judgment in Oregon Small Claims Court

What a Default Judgment Means

A default judgment may be entered after no response is filed within 30 days of service and the plaintiff applies for default. The court may award damages, filing fees, service costs, and a statutory prevailing-party fee without hearing your side.

The judgment is immediately enforceable. The plaintiff can pursue wage or bank-account garnishment or a debtor examination. It will also appear on a court records search.

But a default judgment is not necessarily final.

The 60-Day Set-Aside Window (ORS 46.475(5))

For a default judgment in a Circuit Court Small Claims Department, ORS 46.475(5) allows a motion to set it aside within 60 days of the date the judgment was entered, upon a showing of good cause. For a Justice Court small-claims default judgment, ORS 52.790(5) allows the court to set it aside within 60 days upon good cause shown and reset the claim for hearing.

Your motion must show good cause for relief. Examples include a severe emergency hospitalization, documented failure of service, or a clerical omission by the court. ORS 46.475(5) does not state a separate meritorious-defense requirement.

How to File the Motion

File a written motion with the court clerk in the same court that entered the default judgment. The motion should:

• Identify the case number, parties, and the date of the default judgment
• Explain why you missed the deadline and support the explanation with an affidavit or declaration showing good cause
• Include the proposed Defendant's Response and applicable filing fee
• Request that the court set aside the default and schedule a hearing
• Serve a copy of the motion and declaration on the plaintiff

Some courts have a local form for this motion; others accept a straightforward written request. Call the clerk's office to ask about the format for your county.

The plaintiff may oppose the motion. The judge may schedule a hearing on the motion itself before deciding whether to reopen the case.

After 60 Days

The 60-day deadline in ORS 46.475(5) governs Circuit Court small-claims judgments. Do not assume the general-civil ORCP 71 B procedures extend that window. If 60 days have passed, contact a lawyer promptly about whether another remedy applies.

What Happens If the Motion Succeeds

If the court grants your motion, the default judgment is set aside and the case reopens. The court can schedule a hearing where both sides present their evidence.

You are back to the starting point, but now you are in the case. You can deny the claim, counterclaim, present evidence, and let a judge decide based on the merits.

What Happens If It Fails

The default judgment stands and remains enforceable. The plaintiff can pursue collection through garnishment or levies. Contact a lawyer promptly about your options.

For a complete guide to Oregon small claims procedure — including how to avoid default in the first place — see the Oregon Small Claims Response Guide.

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