A default judgment in Washington State is a court order giving the plaintiff everything they asked for in the lawsuit because the defendant never responded on time. It carries the same weight as a verdict after a full trial, and the plaintiff can enforce it through wage garnishment, bank account seizures, and property liens. If one has been entered against you, Washington Civil Rule 60(b) gives you a path to challenge it, but the deadlines are short and the standard is specific.
How a Default Judgment Gets Entered
Two things have to happen before a Washington court will enter a default judgment. First, the plaintiff has to have served you properly with the Summons and Complaint under Washington’s court rules. If service was defective, the court never had authority over you. Second, you have to have missed the deadline to respond. A defendant served personally inside Washington gets 20 days (not counting the day of service) to file a response. A defendant served personally outside Washington gets 60 days.1Washington Courts. Washington Superior Court Civil Rule CR 12 – Defenses and Objections That response can be a formal Answer or a Notice of Appearance signaling you plan to participate.
Once those two conditions are met, the plaintiff files a Motion for Order of Default with an affidavit confirming service and the missed deadline. If you made any kind of appearance in the case before the motion was filed, the plaintiff has to give you five days’ written notice of the default hearing. A defendant who never appeared gets no advance warning. There is one exception: if more than a year has passed since the lawsuit was served with no appearance from the defendant, the court will not sign an order of default or enter judgment until the plaintiff serves a notice on the defendant at least 10 days before the application.2Washington Courts. Washington Superior Court Civil Rule CR 55 – Default and Judgment
After the court grants the Order of Default, you can no longer defend the case without the court’s permission. The plaintiff then files a Motion for Default Judgment. If they are owed a specific, calculable dollar amount, the court can enter judgment on the affidavit alone.2Washington Courts. Washington Superior Court Civil Rule CR 55 – Default and Judgment For claims where damages are uncertain, the court holds a hearing.
Grounds for Vacating a Default Judgment
Washington Civil Rule 60(b) lists eleven grounds for setting aside a final judgment. For default judgments, most motions fall into a few categories.
The strongest argument is that the judgment is void because service of process was defective. If the plaintiff did not properly deliver the Summons and Complaint under Washington’s rules, the court never had authority over you, and the judgment cannot stand.3Washington Courts. Washington Superior Court Civil Rule CR 60 – Relief From Judgment or Order
The next most common ground is excusable neglect. A medical emergency, a family crisis, or a genuine clerical error that caused the papers to be lost or overlooked can qualify. Other recognized grounds include fraud or misrepresentation by the plaintiff, newly discovered evidence, unavoidable casualty or misfortune, and defective service by publication. Rule 60(b)(11) also provides a catchall for “any other reason justifying relief.”3Washington Courts. Washington Superior Court Civil Rule CR 60 – Relief From Judgment or Order
The Four-Factor Test for Excusable Neglect
When a defendant seeks to vacate a default judgment based on excusable neglect, Washington courts apply a four-part test established in White v. Holm. You have to show all four:
- A viable defense exists. You need to lay out specific facts that, if proven, would defeat the lawsuit. Not a general denial — actual evidence.
- The failure to respond was excusable. The missed deadline resulted from mistake, inadvertence, surprise, or excusable neglect rather than deliberate indifference.
- You acted quickly after learning of the default. Once you discovered the judgment, you moved with reasonable speed to challenge it.
- The plaintiff will not be substantially harmed. Setting the judgment aside will not cause serious prejudice to the plaintiff beyond having to litigate on the merits.
The first factor is where most motions succeed or fail. Saying “I would have fought the case” is not enough. In a debt collection case, for instance, you might show the debt was already paid, the amount is wrong, or the statute of limitations has run. Whatever the defense is, it has to be concrete.
How to File a Motion to Vacate
You file the Motion to Vacate in the same court that issued the judgment. The motion has to state the specific Rule 60(b) ground you are relying on and be supported by a sworn affidavit setting out the facts.3Washington Courts. Washington Superior Court Civil Rule CR 60 – Relief From Judgment or Order If your ground is excusable neglect, the affidavit should explain what happened, why you missed the deadline, and when you learned about the judgment.
You also have to attach a proposed Answer to the plaintiff’s original Complaint. This is not optional. The court wants to see you have a real defense and are ready to litigate if the judgment is set aside. A motion filed without a proposed Answer signals that reopening the case would be pointless.
After filing, you schedule a hearing and serve the motion papers 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 rely on, and missing it can permanently close the door.
For excusable neglect, mistake, or newly discovered evidence (grounds 1, 2, and 3 under Rule 60(b)), the motion has to be filed no more than one year after the judgment was entered.3Washington Courts. Washington Superior Court Civil Rule CR 60 – Relief From Judgment or Order The clock runs from the date of judgment, not the date you found out. If you discover the judgment 13 months in, excusable neglect is off the table.
For all other grounds, including void judgments and fraud, the motion has to be filed within a “reasonable time” with no fixed outer deadline.3Washington Courts. Washington Superior Court Civil Rule CR 60 – Relief From Judgment or Order What counts as reasonable depends on the circumstances. Waiting two years after learning of a void judgment, with no explanation, is a harder sell than moving within weeks. Move fast either way.
If You Are on Active Military Duty
The Servicemembers Civil Relief Act adds real protections. Before any default judgment is entered, federal law requires the plaintiff to file an affidavit stating whether the defendant is on active duty or that the plaintiff could not determine the status.4Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments If the affidavit is missing or wrong, a judgment entered against an active duty servicemember is vulnerable to being reopened.
When a servicemember’s duties prevent them from appearing, the court must delay proceedings for at least 90 days if the commanding officer submits a letter confirming that duty prevents attendance and leave is not authorized. If more time is needed and the court denies it, the court must appoint an attorney to represent the servicemember.5United States Courts. Servicemembers Civil Relief Act (SCRA)
What the Plaintiff Can Do to Collect
If the judgment stands, the plaintiff becomes a judgment creditor with several enforcement tools. The judgment does not collect itself; the creditor has to take steps.
Wage garnishment. The creditor can obtain a writ of garnishment directing 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. For other debts, the protected amount is the greater of 35 times the federal minimum hourly wage or 75 percent of disposable earnings. Private student loan judgments get extra protection: the exempt amount is the greater of 50 times the state minimum hourly wage or 85 percent of disposable earnings.6Washington State Legislature. RCW 6.27.150 – Exemption of Earnings, Amount
Bank accounts and personal property. A writ of garnishment can reach bank accounts held by a third party. The bank must freeze the account and respond within 20 days. A separate writ of execution allows the creditor to seize personal property directly.
Real property. A creditor can levy on real property by recording a copy of the writ of execution with the county recording officer. Before doing so, the creditor must file an affidavit stating they investigated whether you have enough non-exempt personal property to satisfy the judgment and whether the property is your homestead.7Washington State Legislature. Chapter 6.17 RCW – Executions Washington’s homestead exemption protects a significant amount of equity in a primary residence from forced sale, which limits this tool in practice.
How Long the Judgment Lasts and What It Costs You
A Washington default judgment is enforceable for 10 years from the date it was entered. The creditor can garnish wages, levy on property, and use other collection methods throughout that period. Before the 10 years expire, the creditor can apply within a 90-day window to renew for another 10 years, and the court grants renewal as a matter of right when the filing is timely. No judgment is enforceable beyond 20 years from the original entry.8Washington State Legislature. RCW 6.17.020 – Execution Authorized Within 10 Years, Exceptions
Interest runs the whole time. The rate depends on the type of claim. Consumer debt judgments accrue at 9 percent per year. Unpaid child support accrues at 12 percent. Personal injury and other tort claims, along with private student loan judgments, accrue at two percentage points above the prime rate published by the Federal Reserve on the first business day of the month before entry. A written contract with a specified rate uses that rate, provided the judgment reflects it.9Washington State Legislature. RCW 4.56.110 – Interest on Judgments
On a $10,000 consumer debt judgment at 9 percent, that is $900 in interest every year the balance is unpaid. Over a full 10-year enforcement period, interest alone can nearly double the original amount. Whether the right move is to pay, negotiate, or file a motion to vacate, acting soon is almost always cheaper than waiting.