Washington Motion to Set Aside a Default Judgment
Set aside a Washington default judgment under CR 60(b). File within a reasonable time, and within one year for mistake or excusable neglect, using the White v. Holm four-factor test.
Introduction
A motion to set aside a default judgment asks the court to undo a judgment entered against you because you did not respond to the lawsuit in time, so the case can be reopened and decided on the merits. In Washington the path depends on how far the case has gone. A bare entry of default, the clerk's record that you did not answer, is set aside under Superior Court Civil Rule 55(c)(1) for good cause shown and on terms the court deems just, with no fixed outer deadline. Once a default judgment has actually been entered, you set it aside under CR 60(b). To vacate a default judgment Washington applies the four-factor test of White v. Holm: you must show substantial evidence of at least a prima facie defense to the claim (a meritorious defense, meaning a real defense you could prove), that your failure to appear was due to mistake, inadvertence, surprise, or excusable neglect, that you acted with due diligence after learning of the judgment, and that setting it aside will not cause the other side substantial hardship. The first two factors are primary and are weighed on a sliding scale, so a strong defense lowers the scrutiny of your excuse. A judgment that is void, most often because you were never properly served, is set aside under CR 60(b)(5) and is not capped at one year. DocDraft drafts a Washington motion to set aside a default judgment from your facts, with attorney review available before you file.
Key Things to Know
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A default judgment is the judgment entered when a defendant does not respond in time. In Washington you undo it with a motion to set aside, which reopens the case so it can be decided on the merits rather than by default.
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The rule depends on the stage. A bare entry of default (before any judgment) is set aside under CR 55(c)(1) for good cause shown. A default judgment that has already been entered is set aside under CR 60(b).
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Washington uses the four-factor White v. Holm test to vacate a default judgment: substantial evidence of a prima facie defense, mistake or excusable neglect, due diligence after learning of the judgment, and no substantial hardship to the other side.
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The first two White v. Holm factors are primary and weighed on a sliding scale. A strong or conclusive defense reduces how strictly the court scrutinizes the reason for the default, and a weak defense raises it.
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The deadline has two parts. Every CR 60(b) motion must be brought within a reasonable time, and for mistake, inadvertence, surprise, excusable neglect, or irregularity (grounds (1), (2), and (3)) no more than one year after the judgment was entered.
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If the judgment is void, most often because you were never properly served, CR 60(b)(5) applies and the one-year cap does not. A void-judgment motion must still be brought within a reasonable time.
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You file the motion in the Washington Superior Court where the case is pending. Show your prima facie defense with a supporting declaration setting out the facts of the excuse and the defense you would raise.
Key decisions before you file
Before you file a Motion to Set Aside a Default Judgment in Washington, a few decisions shape the document: which option to choose and what each one means. The Motion to Set Aside a Default Judgment guide walks through them.
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Washington Requirements for Motion to Set Aside a Default Judgment
Every CR 60(b) motion to set aside a default judgment must be brought within a reasonable time. The court weighs how promptly you moved after learning of the judgment, so file as soon as you can rather than waiting.
For mistake, inadvertence, surprise, excusable neglect, or irregularity (CR 60(b) grounds (1), (2), and (3)), the motion must be brought no more than one year after the judgment was entered. The one year runs from entry and is a calendar limit.
The first White v. Holm factor requires substantial evidence supporting, at least prima facie, a defense to the claim. Set out the real defense you would raise if the case is reopened, not just a denial. This is one of the two primary factors.
Show that your failure to timely appear was due to mistake, inadvertence, surprise, or excusable neglect, and explain the facts. This is the second primary White v. Holm factor, and it is weighed against the strength of your defense on a sliding scale.
The remaining two White v. Holm factors require that you acted with due diligence after learning of the default judgment and that setting it aside will not cause the other side substantial hardship. Address both in your motion.
If you were never properly served, the judgment may be void. CR 60(b)(5) lists that the judgment is void as a ground, and the one-year cap does not apply to a void judgment, though the motion must still be brought within a reasonable time.
Support the motion with a declaration under penalty of perjury under the laws of the State of Washington. State the facts of the mistake or excusable neglect, when you learned of the judgment, and the defense you would raise if the case is reopened.
File the motion in the Washington Superior Court where the case is pending, under the same case number, and serve it on the plaintiff or the plaintiff's attorney with a certificate of service. Check your court's local rules for the hearing procedure and filing method.
Frequently Asked Questions
It is a request asking a Washington Superior Court to undo a default judgment, which is the judgment entered against a defendant who did not respond to the lawsuit in time. Setting it aside reopens the case so you can defend it on the merits. A default judgment is set aside under CR 60(b), and Washington applies the four-factor White v. Holm test to decide whether to vacate it.
An entry of default is the clerk's record that you did not respond on time; a default judgment is the later judgment that decides the case against you. In Washington a bare entry of default is set aside under CR 55(c)(1) for good cause shown, with no fixed deadline. Once a default judgment is entered, you must use CR 60(b) and meet the White v. Holm four-factor test.
Every CR 60(b) motion must be brought within a reasonable time. For mistake, inadvertence, surprise, excusable neglect, or irregularity, grounds (1), (2), and (3), it must also be brought no more than one year after the judgment was entered. The one year runs from entry of the judgment and is a calendar limit, so act quickly rather than waiting.
It is the four-factor test Washington uses to decide whether to vacate a default judgment. You must show substantial evidence of at least a prima facie defense, that your failure to appear was due to mistake, inadvertence, surprise, or excusable neglect, that you acted with due diligence after learning of the judgment, and that setting it aside will not cause substantial hardship. The first two factors are primary and weighed on a sliding scale.
Often yes. If you were never properly served, the court may have lacked jurisdiction and the judgment may be void. Under CR 60(b)(5), which lists that the judgment is void as a ground, the court may set it aside. The one-year cap that applies to mistake and excusable neglect does not apply to a void judgment, though the motion must still be brought within a reasonable time.
Yes, to vacate a default judgment. The first White v. Holm factor requires substantial evidence extant to support, at least prima facie, a defense to the claim. This means a real defense you could prove if the case is reopened, not just a denial. It is one of the two primary factors, so a strong defense weighs heavily in your favor. Confirm your court's local requirements before filing.
You file it in the Washington Superior Court where the case is pending, under the same case number in the caption. Support the motion with a declaration setting out the facts of your excuse and the prima facie defense you would raise if the case is reopened. Check your court's local rules for the hearing procedure and filing method before you file.