How do I set aside a default judgment in Washington?

1. Governing Rule. Wash. Civil Rule 55(c) governs setting aside defaults; Wash. CR 60(b) governs relief from default judgments. The standards mirror Fed. R. Civ. P. 55(c) and 60(b).

2. Grounds. CR 60(b): (1) mistakes, inadvertence, surprise, excusable neglect, or irregularity; (2) for erroneous proceedings against a defendant who was not personally served; (3) newly discovered evidence; (4) fraud, misrepresentation, or other misconduct; (5) void judgment; (6) judgment satisfied, released, or vacated; (11) any other reason justifying relief.

3. Deadline. CR 60(b)(1)-(3): reasonable time, not more than one year after judgment. (4)-(11): reasonable time. Void judgments: any time.

4. Mandatory vs Discretionary. Discretionary, governed by the four-factor test from White v. Holm, 73 Wash. 2d 348: (a) substantial evidence of a prima facie defense; (b) failure to timely appear was due to mistake, inadvertence, surprise, or excusable neglect; (c) due diligence after notice of default; (d) no substantial hardship to opposing party.

5. Required Showing. Verified motion + supporting affidavits stating specific facts of the defense and the reason for default; proposed answer attached.

6. Filing Procedure. Motion to vacate + affidavit + proposed answer; note for hearing; serve opposing party.

7. Bond / Conditions. Court may impose conditions including payment of terms and costs.

8. Appeal of Denial. Appealable as of right under RAP 2.2(a)(10).

9. Collateral Attack. A judgment void for lack of personal jurisdiction may be challenged collaterally and at any time.

This is legal information, not legal advice.