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Filing a Motion for Relief from Failure to Appear Judgment on a Parking Citation

In the Circuit Court of the State of Oregon for Multnomah County

Under Oregon law, the court may enter judgment against a person who does not appear on a parking citation. ORS

153.820. Because the bail amount doubles if the defendant does not appear within 30 days from issuance of the ticket, a

person who posts only the original bail amount after the 30 day period has expired and the bail has doubled has not

made an “appearance” as required by court rule. Supplementary Local Rule 17.015 and 17.067. Judgments entered

under ORS 153.820 are termed “failure to appear” judgments and the financial obligation imposed on the judgment is the

full amount of the bail due. The judgment is owed to the State of Oregon.

A failure to appear judgment based on a parking citation does not become a lien on real property of the debtor, but failure

to pay the judgment will result in referral of the judgment to the Oregon Department of Revenue (DOR) or to a private

agency for collection.

Oregon allows you to request that the failure to appear judgment be set aside. Pursuant to ORS 153.820(7), this request

must be made within one year from the date of entry of the judgment. You must establish good cause for the court to set

aside the judgment. For a judge to consider whether relief should be granted you need to accomplish the following steps

using the form of motion and declaration supplied to you with these instructions.

(1) You must file the motion requesting relief from the judgment and the motion must be supported by a sworn

statement, a declaration. The sworn statement must set out the reasons why you are entitled to relief from the

judgment. When signing the sworn statement, you declare, to the best of your knowledge and belief, that the

statement is true and can be used as evidence in court. The sworn statement is subject to penalty for perjury. (2).

(2) Complete the Motion for Relief from Default Judgment and Order. Fill in the blanks on the top portion of the

motion: your name, citation number(s), date and sign.

(3) Complete the Declaration in Support of Motion for Relief from Default Judgment. Fill in your name and the citation

number(s). Provide your sworn statement, related to the specific citation(s), that you wish the court to consider.

(4) Deposit with the court the full amount of the financial obligation which remains outstanding in the judgment. This

payment must accompany the motion and declaration for relief at the time of filing with the court. The motion and

declaration will not be submitted to a judge for review unless the full amount of the financial obligation is

deposited into court at the time the motion is filed. Payment may be made on-line at

or by check, money order or cash [Note: Cash payments must be made

at the courthouse, not by mail].

(5) File the original motion and declaration, together with the required deposit for the remaining financial obligation (if

payment is made on-line, court staff will identify that your payment has been made). For in-person payment, go to

Parking Citation Office, Room 106, Multnomah County Courthouse, 1021 S.W. 4th Avenue, Portland, OR, 97204.

The mailing address is: Multnomah County Circuit Court, Parking Citation Office, P. O. Box 78, Portland, OR

97207-0178.

When payment is confirmed, the clerk will forward the motion and declaration to the judge. The court may allow or deny

the motion without a hearing or may require a hearing. If the court requires a hearing you will be notified and must appear

at the hearing to provide further information to the court in support of the motion.

If the court allows the motion, the court will set aside the failure to appear judgment and order the clerk to set the case(s)

for trial and notify the parties (the officer and defendant) of the trial date. The money posted with the motion will be held by

the court until the conclusion of the case.

The court may deny the motion and leave the judgment in full force and effect. In addition, if the court denies the motion,

the court may order that money posted with the motion is to be applied to the judgment owed the State.

Allow 60 days after filing the motion and declaration before inquiring with the Parking Citation Office, regarding the judge’s

decision on your motion. The telephone number to the Parking Citation Office is: (503) 988-3235, Option 2.

06-43 (5/12)

Instructions for filing Motion for Relief from Default Judgment

Filing A Motion For Relief From Failure To Appear Judgment On A Parking Citation - Multnomah County, Oregon

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