Washington Default Judgments are court orders that are issued when a defendant in a lawsuit fails to respond to a complaint in a timely manner. They are typically issued when the defendant has been properly served with the complaint, but fails to appear or respond to it within the required time frame. In Washington, there are two types of Default Judgments: general and stipulated. A general Default Judgment is issued when the defendant does not respond to the complaint and the plaintiff requests a judgment without presenting evidence. The court will enter a judgment awarding damages to the plaintiff based on the allegations in the complaint. A stipulated Default Judgment is issued when the defendant fails to respond to the complaint and the plaintiff and defendant enter into an agreement or stipulation regarding the damages to be awarded. The court will enter a judgment awarding damages based on the agreement or stipulation.
Washington Default Judgments
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FAQ
If the respondent doesn't submit the document by the deadline, the petitioner can file a motion for default. At the hearing on the motion, the court will enter a default order prohibiting the respondent from doing anything else in the divorce case ? no presenting evidence, witnesses, or arguments.
You should file a Motion for Default with the clerk of the superior court. Schedule a court hearing and ask the judge or court commissioner to sign an Order on Motion for Default granting the default.
Generally, a defendant/debtor must pay the judgment within 30 days or within the amount of time mandated by the court. If a judgment debtor does not pay, the court cannot collect the debt for you. However, you can pursue collection on your own.
(a) Entry of Default. When a party against whom a judgment for affirmative relief is sought has failed to appear, plead, or otherwise defend as provided by these rules and that fact is made to appear by motion and affidavit, a motion for default may be made.
Civil judgments have a life span provided by state law. In Washington, a judgment lasts for 10 years and can be renewed at the end of that period. Therefore once you have a judgment entered against you it can last a long time and incur a large amount of interest.
Judgment in the State of Washington can also be extended beyond the initial ten year period by filing an application in the court where the judgment has been filed within ninety days of the expiration of the initial ten year period (RCW 6.17. 020).
Judgments Last Quite a While in Washington In the state of Washington, a judgment lien will remain attached to a person's property for ten years. The ability of a creditor to collect under a judgment lien can be affected by several factors.
Motion to vacate?Time limitation. The proceedings to vacate or modify a judgment or order for mistakes or omissions of the clerk, or irregularity in obtaining the judgment or order, shall be by motion served on the adverse party or on his or her attorney in the action, and within one year.