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Washington Answer to a Complaint

Washington gives you 20 days, not counting the day of service, to answer a complaint under Civil Rule 12(a)(1). File on time to avoid a default judgment.

Introduction

A Washington Answer to a Complaint is the written response you serve and file after you are served with a summons and complaint in the Superior Court of Washington. It admits or denies the complaint's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. Washington counts your deadline in a way that catches people off guard. Under Wash. Super. Ct. Civ. R. 12(a)(1), a defendant shall serve an answer within 20 days, exclusive of the day of service, after the summons and complaint are served. The window is longer in two situations: 60 days if the summons is served by publication, and 60 days if you are served personally outside Washington. What also sets a Washington answer apart is its form. There is no statewide mandatory answer form for general civil cases, so you type the answer as a standard pleading on a caption that complies with Wash. Gen. R. 14 and Wash. Super. Ct. Civ. R. 10, then file it with the clerk of the court named in the summons. Miss the deadline and the plaintiff can move for an order of default under Wash. Super. Ct. Civ. R. 55(a)(1). DocDraft drafts a Washington-formatted answer from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    Your deadline is 20 days and the day of service does not count. Under Wash. Super. Ct. Civ. R. 12(a)(1) you must serve your answer within 20 days, exclusive of the day of service, after the summons and complaint are served. The window stretches to 60 days if the summons is served by publication or if you are served personally outside Washington.

  2. 2

    There is no statewide answer form. Washington has no mandatory answer form for general civil cases, so you type the answer as a standard pleading. The caption must comply with Wash. Gen. R. 14 and Wash. Super. Ct. Civ. R. 10, and you file it with the clerk of the court named in the summons.

  3. 3

    An eviction answer follows the date on the summons. In a residential unlawful detainer, the answer is due by the date designated in the summons under Wash. Rev. Code 59.18.365, and Wash. Rev. Code 59.12.070 fixes that date at not less than seven nor more than thirty days from the date of service, so read the actual return date on your summons.

  4. 4

    Small claims has no written answer. In the Small Claims Department of the District Court you do not file a written answer. Under Wash. Rev. Code 12.40.060 the notice directs you to appear personally at a time certain, which is not less than five days from the date of service.

  5. 5

    Filing the answer alone is free. Under the schedule in Wash. Rev. Code 36.18.020 there is no fee to file an answer by itself, but if your answer includes a counterclaim, cross-claim, or third-party claim the fee is $200 plus county surcharges, roughly $240 to $310.

  6. 6

    You can ask the court to waive the fee. If you are at or below 125% of the federal poverty level or receive needs-based assistance, you can file the Motion and Declaration for Waiver of Civil Fees and Surcharges (WPF GR 34.0100) with the Financial Statement (WPF GR 34.0300).

  7. 7

    A related claim is a mandatory counterclaim. Under Wash. Super. Ct. Civ. R. 13(a) a claim you have against the plaintiff that arises out of the same transaction or occurrence must be stated as a counterclaim in your answer. The statute of limitations on a written contract is six years under Wash. Rev. Code 4.16.040.

Key Decisions

Responding to the Allegations

Affirmative Defenses and Counterclaims

Filing and Serving Your Answer

Customize your Answer to a Complaint Template with DocDraft

SUPERIOR COURT OF WASHINGTON, COUNTY OF [COUNTY]

[PLAINTIFF NAME], Plaintiff, v. No. [CAUSE NUMBER] [DEFENDANT NAME], Defendant.

DEFENDANT'S ANSWER TO COMPLAINT

Defendant [DEFENDANT NAME] answers the Complaint of Plaintiff [PLAINTIFF NAME] as follows.

I. RESPONSES TO ALLEGATIONS

  1. Answering paragraph 1 of the Complaint, Defendant [admits / denies / is without knowledge or information sufficient to form a belief as to the truth of the allegations and on that basis denies them].
  2. Answering paragraph 2 of the Complaint, Defendant [admits / denies / is without knowledge or information sufficient to form a belief and on that basis denies]. [Continue for each numbered paragraph of the Complaint.]

II. AFFIRMATIVE DEFENSES [State each affirmative defense you intend to rely on, for example: the claim is barred by the six-year statute of limitations on a written contract under Wash. Rev. Code 4.16.040; accord and satisfaction; payment; fraud; estoppel; statute of frauds; waiver.]

III. COUNTERCLAIM (if any) [State any claim you have against the Plaintiff. Under Wash. Super. Ct. Civ. R. 13(a) a claim that arises out of the same transaction or occurrence as the Plaintiff's claim must be stated here as a counterclaim.]

IV. PRAYER FOR RELIEF WHEREFORE, Defendant asks the Court to dismiss the Complaint, deny the relief Plaintiff seeks, award Defendant costs, and grant any further relief the Court deems just.

Dated: [DATE]

[SIGNATURE] [DEFENDANT NAME], Pro Se [ADDRESS / PHONE / EMAIL]

CERTIFICATE OF SERVICE I certify that on [DATE] I served a copy of this Answer on [PLAINTIFF / PLAINTIFF'S ATTORNEY] under Wash. Super. Ct. Civ. R. 5(b), by [personal delivery / mail]. [SIGNATURE]

Washington Requirements for Answer to a Complaint

20-Day Answer Deadline

In a general civil case you must serve your answer within 20 days, exclusive of the day of service, after the summons and complaint are served, under Wash. Super. Ct. Civ. R. 12(a)(1). The window is 60 days if the summons is served by publication or if you are served personally outside Washington.

Standard Pleading, No State Form

Washington has no statewide mandatory answer form for general civil cases, so you type the answer as a standard pleading. The caption must comply with Wash. Gen. R. 14 and Wash. Super. Ct. Civ. R. 10. Respond to the complaint's allegations, state your affirmative defenses, and include any counterclaim.

Court Caption

Caption the answer for the court named in the summons, which for general civil cases is the Superior Court of Washington in the county where the suit was filed. Include the cause number, the parties' names, and the title Defendant's Answer to Complaint, formatted under Wash. Gen. R. 14 and Wash. Super. Ct. Civ. R. 10.

File With the Court Clerk

File your answer with the clerk of the court named in the summons under Wash. Super. Ct. Civ. R. 5(e). Electronic filing may be mandated by the court's local rules under GR 30, so check the requirements of the county where your case is pending.

Serve a Copy on the Plaintiff

Under Wash. Super. Ct. Civ. R. 5(b), serve a copy of your answer on the plaintiff or the plaintiff's attorney by personal delivery or by mail, and keep proof of service. In Washington you serve your answer as well as file it, so allow time for both.

No Answer Fee, Waiver Available

Filing an answer by itself is free under Wash. Rev. Code 36.18.020. If the answer includes a counterclaim, cross-claim, or third-party claim, the fee is $200 plus county surcharges, roughly $240 to $310. You can request a waiver with form WPF GR 34.0100 and the Financial Statement WPF GR 34.0300 if you are at or below 125% of the federal poverty level or receive needs-based assistance.

Affirmative Defenses

State each affirmative defense you intend to rely on, such as accord and satisfaction, statute of limitations, payment, fraud, estoppel, statute of frauds, discharge in bankruptcy, duress, or waiver. The statute of limitations on a written contract is six years under Wash. Rev. Code 4.16.040.

Mandatory Counterclaim If Any

Under Wash. Super. Ct. Civ. R. 13(a), a claim you have against the plaintiff that arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim must be stated as a counterclaim in your answer, or you can lose the right to bring it later.

Frequently Asked Questions

In a general civil case, Wash. Super. Ct. Civ. R. 12(a)(1) gives you 20 days, exclusive of the day of service, after the summons and complaint are served to serve your answer. The window is 60 days if the summons is served by publication or if you are served personally outside Washington. The deadline differs in other tracks. A residential eviction answer is due by the date designated in the summons, which is not less than seven nor more than thirty days from service, and a small claims case requires no written answer because you appear in person. Missing your deadline can lead to a default judgment.

Washington has no statewide mandatory answer form for general civil cases. You type the answer as a standard pleading, with a caption that complies with Wash. Gen. R. 14 and Wash. Super. Ct. Civ. R. 10. The answer responds to the complaint's allegations, states the affirmative defenses you intend to rely on, and includes any counterclaim you have against the plaintiff.

File your answer with the clerk of the court named in the summons. General civil cases are heard in the Superior Court of Washington, while the District Court handles claims up to $100,000 and the Small Claims Department of the District Court handles claims up to $10,000 for individuals. Under Wash. Super. Ct. Civ. R. 5(e) you file with the clerk, and electronic filing may be mandated by local rules under GR 30.

Filing an answer by itself costs nothing under the schedule in Wash. Rev. Code 36.18.020. If your answer includes a counterclaim, cross-claim, or third-party claim, the fee is $200 plus county surcharges, roughly $240 to $310. If you are at or below 125% of the federal poverty level or receive needs-based assistance, you can ask the court to waive the fee using form WPF GR 34.0100 with the Financial Statement WPF GR 34.0300.

Under Wash. Super. Ct. Civ. R. 55(a)(1), when a party has failed to appear, plead, or otherwise defend, and that fact is shown by motion and affidavit, the plaintiff may move for an order of default. You may be able to set aside the resulting default judgment under Wash. Super. Ct. Civ. R. 60(b) by moving within a reasonable time, and for reasons such as mistake, inadvertence, surprise, or excusable neglect not more than one year after the judgment.

Yes, and a related claim must be included. Under Wash. Super. Ct. Civ. R. 13(a), a pleading shall state as a counterclaim any claim you have against the plaintiff that arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim. A counterclaim that arises from a different transaction may be raised as a permissive counterclaim. Adding a counterclaim changes your filing to a paid one under Wash. Rev. Code 36.18.020.