I served defendants a civil complaint by register mail with a return receipts request, and also by first class mail one of the four methods to serve in Oregon.
Defendants' attorney did not answer complaint, but without conferring with me filed a motion to dismiss reasoning my complaint was not served by a process server, and also for failure to state ultimate facts.
I opposed the motion to dismiss reasoning defendants did not confer with me prior to motion to dismiss.
I filed an amended complaint to state facts in details.
I filed separate proofs of service for each defendant with the return receipts signed by defendants' clerk.
I filed an amended opposition to motion to dismiss.
Defendants did not reply my answers to dismiss or amended complaint I filed.
If defendants do not answer amended complaint within 30 days from original complaint served with summons and register mail with return receipt, could a serve a ten day notice of request for entry of default?
No, defendant made an appearance in the case by filing a motion to dismiss so you cannot seek a default. The next step will be for the court to decide on the motion to dismiss; if someone requested oral argument, a hearing will be scheduled. Before this happens, I recommend you hire some time with an attorney to review your amended complaint to see if it alleges sufficient facts to survive the motion, also to give you some advice about some of the procedural problems I see brewing in your description of what's going on.
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First of all you are generally required to use personal service for the service of a complaint, the initiating document in a lawsuit. But if a Defendant acknowledges that they did actually recieve the complaint so they in fact did have actual notice of the lawsuit, then complaining about how you served the complaint may be dismissed by the court as frivolous. But generally speaking, always use personal service as specified in ORCP 7 so you don't get into these petty conflicts that waste everyone's time. (There are forms of personal service that require a followup mailing by certified mail such as where you use substituted service, ie personally service an person in an office or in a house who isn't the named party.)
My colleague is correct that the responding motion is an appearance so you can't take a default. They have appeared in the case. That not withstanding, there is also a rule under the UTCR which states that if you know the person is represented by counsel or is planning to appear you have to send them a letter giving them notice of your intent to take a default in 10 days (13 days because you have to add 3 days when you mail something.)
I suspect you still have pleading issues you need to deal with. Oregon court's require that complaints state only the ultimate facts, not the facts in detail. Ultimate facts is an archaic system of pleading the facts like a check list of what you need to create the type of claim recognized in common law. So for example, if the ultimate facts of a breach of contract claim are
You would need brief statements of the facts that demonstrate an offer of something, the acceptance of the offer, the consideration for the contract and the breach. You can't just do a narrative of an event and hope that someone figures out that you have a legal claim. You also need to include allegations that speak to the timeliness of the claim and which tell the court why the court has jurisdiction to hear the claim.
So you really need to get help from an Attorney to review and help you clean up your pleadings. If you don't and you keep filing pleadings that the court agrees with the defendant aren't sufficient you will eventually get dismissed with prejudice and that means game over.
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Service is questionable; the motion to dismiss forecloses the default; and depending on when you served and filed the amendment that may or may not be a superseding complaint.
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