Sample motion to set aside Order of Default in Washington State
- Peter Schneider
- Jan 12
- 2 min read
We have a lady who is being suit for $1,300 and the dirty bastards didn't actually serve her, and she found out about it before the default judgement hearing.
If you are also in a similar situation, we have recommendations.
Default vs Default Judgment
It is easy to get confused by "default" and "default judgment". A "default" occurs when a defendant fails to appear, plead, or otherwise defend the action in the time allowed. This failure allows the opposing party to seek an order declaring the defendant to be in "default" and it is a stepping stone to what the plaintiff really wants, a "default judgment" which resolves the case in favor of the party seeking relief.
Here is a starting point for a motion to set aside the Order of Default.
The factual statements in the motion are not evidence, testimony is evidence. Use a declaration to testify to the non-service of the summons and complaint. If there are multiple adults who live with you and they could have been served, each of them needs to fill out a similar declaration.
You need to serve the motion to the Court and the plaintiff. In this case the lady would send a copy to the Court, and to the attorney for the plaintiff [worse case the Court will have their address].
That does not get the motion in front of a judge, to do that fill out this Citation. In the lady's case she can use the date and time for their pending motion for a default judgment. If you don't have that date already picked out, find out from the court clerk a hearing date 3-4 weeks out, fill out your Citation, and serve the Citation along with the motion and declarations.
Recapping:
Fill out the motion, declaration, and Citation. Send a complete copy of everything to the Court, and to the opposing attorney. Show up at the hearing date!
Last but not least! See our post on filing an Answer, create your Answer, and serve it with your Motion.
Part of a Series - Also see our self-help posts on:
Feel free to ping my Law Clerk (Nathen) if you have specific questions about the process.
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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