Unifund CCR Partners v. Kelley

Plaintiff initiated this action to collect a debt. Defendant did not timely answer, and plaintiff obtained a default judgment. Defendant later moved for relief from the default judgment under ORCP 71 B(l)(d), arguing that, because she had not received notice of intent to seek a default, the judgment was void. The trial court agreed and granted defendant’s motion. Plaintiff appeals, arguing that the trial court erred in granting relief from default for three reasons: (1) defendant failed to file her ORCP 71 B motion with the clerk of the court, so there was no motion properly before the court;…