How do I File a Motion for Relief from Default Judgment?

 
The court may enter a judgment against a person who does not appear on a parking citation, ORS 153.820. An appearance can be made by paying the citation in full, by submitting an explanation or by requesting a hearing. For more information on appearance options see SLR 17.105

Judgments entered under ORS 153.820 are considered failure to appear judgments. The fine imposed on the judgment is the full amount due. The judgment is owed to the State of Oregon. If the full amount due is not paid, the court may issue an order to tow the vehicle, add additional fees and send the balance to collections.

If a failure to appear judgment has been entered, the only way to have the case reviewed is to file a Motion for Relief from Default Judgment. (See below for more information on how to file a Motion for Relief from Default Judgment.)

Right To Appeal

If a judge has reviewed your case and the court has entered a judgment on your parking citation, you have the right to appeal. Your appeal would be based on legal errors in the decision, orders and proceedings of the court or the sentence. This is done by filing a Notice of Appeal through the Court of Appeals. For more information, procedures and forms for filing an appeal see Information on Filing a Notice of Appeal.

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If you failed to appear on your parking violation and the court entered a judgment against you, this judgment is considered a “Default Judgment." Oregon allows you to request that the Default Judgment be set aside. The way to do this is by filing a Motion for Relief from Default Judgment (see links below).

These are some of the requirements when filing this motion: 

You have one year from the date a case closes to file a Motion for Relief from Default Judgment. A motion filed more than one year after the judgment has been entered, shall not be granted unless a judge finds that good cause for the delay has been shown.

Please read before continuing:

When filing a Motion for Relief from Default Judgment online, the form is divided into 2 parts:

1. Motion Information: The first portion should be used to explain to the judge why you did not address the citation in a timely manner. This is what the judge will use to decide whether to grant the motion.
2. Declaration Information: If the judge does grant the motion, the second portion of the form is where you explain what you would like the judge to do with this citation (reduce, schedule a hearing, etc.). Keep in mind the judge may not grant your specific request.

It is quick and easy to submit your form online!

Click this link to submit your form online: Motion for Relief from Default Judgment
Or you may download the PDF version of the mail-in Motion for Relief from Default Judgment form. This form will need to be printed out and mailed or taken in person to be filed with the Multnomah County Circuit Court. 

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