A default judgment in Washington State is a court order giving the plaintiff everything they asked for in a lawsuit because the defendant never responded. It carries the same legal weight as a verdict after a full trial and can be collected through wage garnishment, bank account seizures, and property liens. Washington Superior Court Civil Rule 55 governs how one is entered, and Civil Rule 60(b) governs how a defendant can try to undo it.
When a Court Can Enter One Against You
Two things have to be true before a judge will sign off on a default. First, the plaintiff must have properly served you with the Summons and Complaint under Washington’s rules. If service was defective, the court never had authority over you and any judgment it enters is void.
Second, you have to have missed the deadline to respond. If you were personally served inside Washington, you have 20 days from the day after service to file a response. If you were served outside Washington, you have 60 days.1Washington Courts. Washington Superior Court Civil Rule CR 12 – Defenses and Objections A response can be a formal Answer to the allegations or a Notice of Appearance saying you intend to participate. Either one closes the door on default. Nothing filed by the deadline opens it.
The Two Steps a Plaintiff Has to Take
A default judgment isn’t automatic. The plaintiff has to complete two separate stages under Civil Rule 55.
The first stage is a Motion for Order of Default. The plaintiff files the motion with an affidavit confirming proper service, the missed deadline, and that the case was filed in the right county. If you made any appearance in the case before this motion, the plaintiff must give you five days’ written notice of the default hearing.2Washington Courts. Washington Superior Court Civil Rule CR 55 – Default and Judgment If you never appeared, you get no advance warning.
There’s one exception. If more than a year passed between service and the motion with no appearance from you, the court will not sign the order until the plaintiff gives you at least 10 days’ notice of the application.2Washington Courts. Washington Superior Court Civil Rule CR 55 – Default and Judgment
Once the Order of Default is granted, you’re barred from defending the case without the court’s permission. The plaintiff then files a Motion for Default Judgment. If the amount owed is a specific, calculable dollar figure, the judge can enter the judgment based on the plaintiff’s affidavit.2Washington Courts. Washington Superior Court Civil Rule CR 55 – Default and Judgment If damages are uncertain, like pain and suffering or complex business losses, the court holds a hearing to decide the amount.
The Military Affidavit Requirement
Before any default judgment can be entered, federal law requires the plaintiff to file an affidavit stating whether you are on active military duty. Under the Servicemembers Civil Relief Act, the affidavit must either confirm your military status or state that the plaintiff was unable to determine it.3Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments If the court can’t determine status, it may require the plaintiff to post a bond. Status is checked through the Department of Defense’s SCRA verification site.4Department of Defense. SCRA Status Verification Skipping the affidavit gives the defendant grounds to have the judgment thrown out later.
If you are on active duty, the SCRA gives you real protection. A court must delay proceedings at least 90 days when your military duties prevent you from appearing, provided your commanding officer submits a letter confirming that duty prevents attendance and leave isn’t authorized. If you need more time beyond that 90 days and the court denies the request, the court must appoint an attorney to represent you.5United States Courts. Servicemembers Civil Relief Act (SCRA)
Grounds to Vacate a Default Judgment
Civil Rule 60(b) lists eleven grounds for setting aside a final judgment. For defaults, a few come up again and again.
The strongest is that the judgment is void because service of process was defective. No proper service means no authority over you, and a void judgment can be challenged at any time within a reasonable period, with no fixed outer deadline.6Washington Courts. Washington Superior Court Civil Rule CR 60 – Relief From Judgment or Order
The next most common ground is excusable neglect: a real-life circumstance that kept you from responding on time. A medical emergency, a family crisis, or a clerical error that caused the papers to be lost can qualify. Other recognized grounds include fraud or misrepresentation by the plaintiff, newly discovered evidence, unavoidable casualty or misfortune, and the catchall at Rule 60(b)(11) for “any other reason justifying relief.”6Washington Courts. Washington Superior Court Civil Rule CR 60 – Relief From Judgment or Order
The Four Factors for Excusable Neglect
When you ask a Washington court to vacate a default judgment based on excusable neglect, the court applies a four-part test from White v. Holm. You have to show all four.
- You have a viable defense, meaning substantial evidence of facts that would defeat the lawsuit if proven. You don’t have to win the defense at this stage, but you have to show it’s real.
- Your failure to respond was the result of mistake, inadvertence, surprise, or excusable neglect, not deliberate indifference.
- You acted with reasonable speed once you learned of the default.
- Vacating the judgment won’t substantially harm the plaintiff beyond the ordinary inconvenience of litigating the case on the merits.
The first factor is where most motions win or lose. Saying “I would have fought the case” is not enough. You need specific facts showing an actual defense. In a debt collection case, that might mean evidence the debt was paid, that the amount is wrong, or that the statute of limitations has run.
How to File a Motion to Vacate
You file the Motion to Vacate in the same court that entered the judgment. The motion must identify the specific ground under Rule 60(b) and come with a sworn affidavit laying out the supporting facts.6Washington Courts. Washington Superior Court Civil Rule CR 60 – Relief From Judgment or Order If you’re claiming excusable neglect, the affidavit should explain what happened, why the deadline was missed, and when you first learned about the judgment.
Attach a proposed Answer to the original Complaint. This isn’t optional. The court wants to see that you actually have a defense and are prepared to litigate if the judgment is set aside. A motion without a proposed Answer tells the judge that reopening the case would accomplish nothing.
After filing, you schedule a hearing and serve the motion documents on the plaintiff. Both sides argue at the hearing, and the judge decides whether to vacate.
Deadlines for Challenging the Judgment
The deadline depends on which ground you’re using, and missing it can permanently close off relief.
For excusable neglect, mistake, or newly discovered evidence (Rule 60(b) grounds 1, 2, and 3), you have no more than one year from the date the judgment was entered.6Washington Courts. Washington Superior Court Civil Rule CR 60 – Relief From Judgment or Order The clock runs from entry, not from when you found out. If you discover a default against you 13 months after entry, excusable neglect is off the table.
For all other grounds, including void judgments and fraud, you have a “reasonable time” with no fixed outer deadline.6Washington Courts. Washington Superior Court Civil Rule CR 60 – Relief From Judgment or Order What’s reasonable depends on circumstances. A defendant who learns a judgment is void and sits on it for two years without explanation will have a much harder time than one who acts within weeks. Move quickly regardless of the ground.
If the Judgment Stands: Collection, Lifespan, and Interest
Once a default judgment is entered, the plaintiff becomes a judgment creditor with real collection power. The judgment doesn’t collect itself, but the tools available are serious.
A writ of garnishment can direct your employer to withhold part of each paycheck. For most consumer debts, Washington law protects the greater of 35 times the state minimum hourly wage per week or 80 percent of your disposable earnings, leaving the rest reachable. Private student loan judgments are protected more generously, at the greater of 50 times the state minimum hourly wage or 85 percent of disposable earnings.7Washington State Legislature. RCW 6.27.150 – Exemption of Earnings, Amount A writ can also reach bank accounts; once served, the bank must freeze the account and respond within 20 days. A separate writ of execution lets the creditor seize personal property or record a lien against real estate, subject to Washington’s homestead protection on a primary residence.8Washington State Legislature. Chapter 6.17 RCW – Executions
A Washington default judgment is enforceable for 10 years from entry. The creditor can renew it for another 10 years by filing an application within the 90 days before the original period expires, and the court grants the renewal as a matter of right if the filing is timely. Total enforcement caps at 20 years from original entry.9Washington State Legislature. RCW 6.17.020 – Execution Authorized Within 10 Years, Exceptions
Interest accrues the whole time. Consumer debt judgments carry 9 percent per year. Unpaid child support carries 12 percent. Personal injury, private student loan, and tort judgments carry two percentage points above the prime rate (or above the 26-week Treasury bill rate for government defendants). Written contracts with a specified interest rate carry that rate if the judgment reflects it.10Washington State Legislature. RCW 4.56.110 – Interest on Judgments On a $10,000 consumer debt judgment at 9 percent, that’s $900 added every year the balance goes unpaid. Over a full 10-year enforcement period, interest alone can nearly double the original amount, which is why acting fast on a default judgment is almost always cheaper than waiting.