How to File in Josephine County Courthouse

Edited by Hannah Locklear

The Josephine County Courthouse was created by the Territorial Legislature on January 22, 1856. Probate court is often seen here, and in the state of Oregon, the Circuit Court is the level of the court responsible for matters of probate. This includes debt collections. In the case of filing for a debt collection lawsuit, there are a few steps you should take to do so properly.

Who to speak with when visiting the probate court

When you visit the Josephine County Courts you should look for the probate division. This will be in the main courthouse. Go to the reception desk and ask to speak with a probate clerk or probate judge. You should have an appointment, but if not you can go here to file. Most of the time you should have an appointment.

Plan to be there early because parking is sometimes hard to find. You do not want to be late. You should also be aware that you will go through metal detectors and your belongings may be searched.

The phone number for the Josephine County Courts is: (541) 476-2309.

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How to file in Josephine County Courthouse for a debt lawsuit

If you owe money to a creditor, such as a credit card company, medical provider, furniture store, or student loan holder you have to pay your debts. If you do not pay your payments off to the creditor, then it can eventually lead to a debt lawsuit. This is what happens when you are sued and have to file in Josephine County Courthouse due to non-payment of debt.

When you are sued for a debt, the process begins with the creditor or collection agency sending you a summons and complaint. This complaint is filed with the Josephine county court. You will be listed as a defendant. It should state who is suing you, why they are suing you and what they expect from you.

The creditor or collection agency is required to legally "serve" you with a copy of the complaint and summons. You will then need to file a formal response in court. If you are not served in the civil court then you may be sued in small claims court. This might be for less than you owe, but will always be under $10,000. Usually, you will not be sued in small claims court by rather a civil court.

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Responding to the lawsuit

In most states, you have anywhere from 20 to 30 days to file a response to the lawsuit. This is called the “Answer” and is a written response. You will need to pay a filing fee, and it needs to be done in a specific format.

Preparing a formal response is not always easy, but it is usually a good idea to hire a lawyer if you can. If not, then you should look into different defenses, as well as prepare a written response. It is essential to look into all affirmative defenses. This might be the statute of limitations, or that you do not owe the debt.

If you do not file before the deadline you may run into serious trouble. At this point, the creditor will request a default judgment. If they are awarded a default judgment against you, you will have your wages garnished or money taken directly from your account to satisfy the debt. In some cases, the courts may look to confirm that the debt is correct, but usually, they will not. This can lead to you paying for a debt you do not owe. This means you must respond.

If you end up going to small claims court it will be different. In this situation, the creditor or debt collector would file the lawsuit in small claims court. You would get notification first and then go to court for the trial. This is either in front of what is called a magistrate or another judicial officer. You do not need to submit a written answer.

Going into default

In some cases, you will need to simply go into default. This is if you know you owe the debt and have no defense to it. Should the amount requested by the creditor be a correct amount of what you owe, consider going into default. You must ensure you have no defenses or claims. You may look into a settlement or simply pay off the debt.

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance

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