My question involves small claims court in the state of: Oregon.
I recently found out about a default judgment against me in Oregon from 2006. I have lived in California since 2004. The collections company did not show up to the motion to vacate. I provided proof that the company served a business address that was listed as dissolved 1 year prior to service. The judge set aside the judgment. He said he was going to have paperwork sent to attended mediation with the Plaintiff.
They have filed a sister-state judgment against me. I have not yet been served on this. Can I wait until they serve me to respond? I ask because it is pretty expensive to file an out of state motion to vacate. Can they attempt to garnish wages or take funds from my bank without serving me?
Credit card debit has a statue of limitation in Oregon of 7 years. Would the court be looking at the case as if they were reviewing it in 2006? Or could I argue the SOL is up? The only information the collection company would give me is the debt was 6+ years old when they filed it. They refuse to supply me with any other information.
6 years prior when they said the credit card is from I lived in a different county in the same state. I can I argue that this court doesn't have jurisdiction? I’m not sure I have any paperwork to show where I lived then, it would be over 10 years ago.
Can I subpoena records prior to mediation? If so is that something I would need to get authorized by the court and do they typically charge for it? Do I need to fill out a specific form or can I just write a letter and mail a request? Or should I wait till mediation to request a copy? I would be doing the mediation over the phone.