Full question:
I have a legal matter which I have to attend to. I recently got divorced. I was represented very badly in the divorce by the firm. The lawyer who was assigned to my case left the firm and then the lead attorney stepped up to take my case. She was not only hopeless she managed to make things worse. I fired her on November 23rd 2009. I settled my entire bill and had an assurance that there were no further bills on December 1st 2009. I lost all my community property in the US to former spouse, so I moved to Italy in late June 2010 where my mother left me a home. This attorney billed me in March for work she says she did in February 2010, three months after I fired her. I contested this. She assigned this small bill [first $919, then $1,800] to a very sleazy debt collector. Notwithstanding my contesting the merits of the case, the debt collector unbeknownst to me filed a motion for affidavit of service and obtained default judgment on September 10th 2010, full knowing I was not served because I was in Italy. On October 12th 2010 an affidavit of garnishment was filed with the court. Unfortunately I only found out about any of this on November 12, after an default judgement for the garnishment on my bank account was filed for $3,107.23. The bill gets bigger all the time. How can I file a motion to have the Default Judgement set aside? Please only answer if you know what documents I need to file in the relevant court.
- Category: Civil Actions
- Subcategory: Default Judgment
- Date:
- State: Washington
Answer:
A "default judgment" may be rendered against a party if it is the result of a party's failure to take a necessary step in the action within the proper time; this generally means a failure to plead or otherwise defend within the time allowed. In some cases you can vacate a default judgment, which essentially gives you another chance to present your case before a judge. To vacate a default judgment, you will need to file a "Motion to Vacate Judgment" with the clerk of the appropriate court. You must have a good reason for not being able to attend the hearing, such as not being properly served. A supporting affidavit may be attached to the motion. If the plaintiff was aware that the address where the complaint was served was no longer valid, evidence of such knowledge may be presented. You may also request a stay against garnishment. After you have paid the clerk the proper filing fees, they should give you a date on which you and your creditor will re-appear in court.
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Please see the following WA statutes:
RCW 4.72.010 The superior court in which a judgment or final order has been
rendered,....
The superior court in which a judgment or final order has been rendered,
or made, shall have power to vacate or modify such judgment or order:
(1) By granting a new trial for the cause, within the time and in the
manner, and for any of the causes prescribed by the rules of court relating
to new trials.
(2) By a new trial granted in proceedings against defendant served by
publication only as prescribed in RCW 4.28.200.
(3) For mistakes, neglect or omission of the clerk, or irregularity in
obtaining a judgment or order.
(4) For fraud practiced by the successful party in obtaining the judgment
or order.
(5) For erroneous proceedings against a minor or person of unsound mind,
when the condition of such defendant does not appear in the record, nor the
error in the proceedings.
(6) For the death of one of the parties before the judgment in the
action.
(7) For unavoidable casualty, or misfortune preventing the party from
prosecuting or defending.
(8) For error in a judgment shown by a minor, within twelve months after
arriving at full age.
RCW 4.72.020 The proceedings to vacate or modify a judgment or order for
mistakes or....
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 attorney in the
action, and within one year.
RCW 4.72.030 RCW 4.72.010 (2), (3), (4), (5), (6), and (7) shall be by
petition....
RCW 4.72.010 (2), (3), (4), (5), (6), and (7) shall be by petition
verified by affidavit, setting forth the judgment or order, the facts or
errors constituting a cause to vacate or modify it, and if the party is a
defendant, the facts constituting a defense to the action; and such
proceedings must be commenced within one year after the judgment or order
was made, unless the party entitled thereto be a minor or person of unsound
mind, and then within one year from the removal of such disability.
RCW 4.72.050 The judgment shall not be vacated on motion or petition until
it is....
The judgment shall not be vacated on motion or petition until it is
adjudged that there is a valid defense to the action in which the judgment
is rendered; or, if the plaintiff seeks its vacation, that there is a valid
cause of action; and when judgment is modified, all liens and securities
obtained under it shall be preserved to the modified judgment.
RCW 4.72.070 The party seeking to vacate or modify a judgment or order may
obtain an....
The party seeking to vacate or modify a judgment or order may obtain an
injunction suspending proceedings on the whole or part thereof, which
injunction may be granted by the court or the judge upon its being rendered
probable, by affidavit or petition sworn to, or by exhibition of the
record, that the party is entitled to have such judgment or order vacated
or modified.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
