A do it yourself guide on vacating a default judgment in Washington State
- Peter Schneider
- 4 hours ago
- 5 min read
Updated: 2 hours ago
Have you been blind sided by a default judgment? Maybe your wages are being garnished and it's the first you've heard of the lawsuit. Sometimes debt collection lawsuits are for low enough amounts that it doesn't make sense to hire an attorney.
This is a do-it-yourself guide about getting default judgment vacated for lack of service. What does that mean? If you weren't served with a summons and complaint in the lawsuit, then the default judgment that was entered against you can be vacated.
*DISCLAIMER: This is not legal advice or in anyway tailored to your (the reader) specific circumstances. This is simply a nuts and bolts guide to what documents are needed in a motion to vacate in Washington Courts. Northwest Debt Resolution, LLC, does not represent you unless you enter into a written representation agreement with it. Ok, now that the fun disclaimer is over.....
Here are the steps we recommend:
The Plaintiff almost certainly had to show the court proof of service of the summons and complaint. This is often called a declaration of service. Get it. You might have to visit the courthouse to get it, but get it. It will have the date and location of the supposed service and usually will have a physical description of the person who was served. Look it over for issues - Can you show you didn't live at that address? Is the physical description of the person served actually you?
A few things to remember. Just because you weren't served doesn't mean the service isn't valid. If a family member that lives with you, or even a roommate, were served then it's valid service. As long as the summons and complaint were served on a co-habitant of "suitable age and discretion" the judgment may be good.
What does suitable age and discretion mean? Well, there is no hard and fast rule, but basically anyone who lives with you that is a teenager or older. BUT, it has to be a co-resident. If your aunt Sally was visiting for the weekend and happened to be served, you have a basis to vacate the default judgment.
If there are errors here - wrong address, you didn't live there at the time, the physical description is an obvious mismatch, a motion to vacate for bad service might be your best move. the Washington law help website has tons of templates that can be used to assist you in preparing your pleadings. Here is a link to the motion to vacate documents. Download it and fill in your name, case number, and facts. You want to highlight the facts that show you weren't served with the summons and complaint. Make sure to include that you came to court as soon as your reasonably could after you learned about the default judgment and had you known about the lawsuit you would have shown up to defend yourself.
Along with the motion, download and fill out a supporting declaration. Your motion is not evidence - your declaration is. Make sure your declaration has the same supporting facts as your motion.
The second to last step is to set your motion for a hearing. You probably need to call the court clerk or visit the court clerk in person to find out when your motion can be heard, and then select that time. BUT, that's not all. If we look at the specific rule on vacating judgments in Washington there is some tricky language. CR 60(e)(2) states:
"Upon filing the motion [to vacate] and affidavit [or declaration], the court shall enter an order fixing the time and place of the hearing....."
This is colloquially called the "show cause order" and it's something I've seen even seasoned attorneys miss. It's an order from the Court ordering the judgment holder to show up to your hearing and show cause as to why the default judgment should not be vacated. If you don't get this, the Court might not hear your motion to vacate. What you can do is file your motion, affidavit / declaration, and your note for motion with the court and ask the Court clerk how to get a show cause order issued "ex-parte." They will assist you with this.
The last step is to serve your motion. Unlike most motions, you can't just mail this one off. Here is where the tricky language comes in again. CR 60(e)(3) states:
"The motion, affidavit, and order to show cause shall be served upon all parties affected in the same manner as in the case of a summons and complaint....."
Same manner as the summons and complaint? Yes, personal service by a process server. And by all parties, they mean all parties, not the Plaintiff's lawyer, which where most motions in a case are mailed off to. No, you have to serve the party who sued you. If a credit card company sued you, you must serve it.
Most companies have a registered agent in Washington that the company designates to accept service on its behalf in Washington. These registered agents can usually be found on the Washington secretary of state's website.
Pro Tip: Look up the attorney that represented the Plaintiff that got a default judgment against you here and also email the attorney a copy of everything you filed, including the show cause order. While this alone isn't valid notice of your motion to vacate, A dutiful attorney will often notify his client about the motion to vacate and possibly respond to and show up at the hearing. I've seen plenty of judges take a "well you're here.....might as well continue with the hearing" approach to motions to vacate when the attorney for the Plaintiff receives notice and attends, even if there is an issue with serving the judgment holder.
Show up at the hearing!
Prevailing on the motion won't get the case dismissed, the lawsuit will pick up where it left off. Typically the Plaintiff would resume trying to serve you. However, if your motion is granted it can be a good time to negotiate a settlement if you feel that is in your best interest. You'll have already proven you're a savvy pro se opponent.
Got a Case Like This?
If you’ve encountered similar issues with telemarketers, debt collectors, or bankruptcy-related harassment, we might feature your story in a future blog post. Email your situation or legal filing to peter@nwdebtresolution.com or nathen@nwdebtresolution.com.
📞 Call: 206-800-6000 / 971-800-6000
📧 Email: peter@nwdebtresolution.com
Note: The opinions in this blog are mine (Peter Schneider) and do not constitute legal advice. If you're considering suing over illegal robocalls or Do Not Call list violations, contact me for a legal consultation.
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