How to Vacate a Default Judgment in Washington Small Claims Court

A default judgment means the court ruled against you because you didn't show up. In Washington small claims court, the judgment is entered on the District Court civil judgment docket under RCW 12.40.105. If it remains unpaid 30 days after entry, garnishment or execution may issue, and the prevailing party may file it in Superior Court's lien docket. The judgment generally remains valid for 10 years.

Vacating the default — getting it set aside so you can have an actual hearing — is possible, but you need to move quickly and meet specific legal grounds.

The Legal Basis: CRLJ 60(b)

Under RCW 12.40.120, a party in default can seek to set aside the judgment using the rules in CRLJ 60(b). Three grounds apply most often in small claims:

Excusable neglect, mistake, or inadvertence. You had a legitimate reason for missing the hearing — hospitalization, a family emergency, a work crisis that made it physically impossible to attend. "I forgot" generally doesn't qualify. Courts look for documented circumstances beyond your control.

Void judgment due to defective service. The plaintiff was supposed to serve you at least 10 calendar days before the hearing under RCW 12.40.040. If they didn't serve you at all, served the wrong person, or served you too late, the court may have lacked personal jurisdiction and the judgment may be void.

Fraud or misrepresentation. The plaintiff fabricated the proof of service or materially misrepresented the facts in the claim.

Deadlines

For excusable neglect: file within a "reasonable time" and no more than one year after the judgment was entered. The court decides whether the motion was filed within a reasonable time.

For void judgment (bad service): there is no time limit. You can challenge a jurisdictionally defective judgment at any point.

What to File

1. Motion and Declaration to Vacate Default Judgment — state your grounds clearly. Attach evidence: hospital records, travel documentation, proof that you were never served, a timeline showing when you learned about the judgment.
2. Proposed Order — a blank order for the judge to sign if they grant your motion.
3. Proof of service — serve copies of everything on the plaintiff.

The filing fee depends on the county. Some counties accept the motion through e-filing portals; others require in-person or mail filing.

Filing Does Not Stop Collection

This catches people off guard. Filing a Motion to Vacate does not automatically pause wage garnishment or bank account seizure. If the plaintiff has already started collecting, file a separate Motion for Stay of Execution at the same time. Ask the court to freeze collection activities while your vacatur motion is pending.

What Happens at the Hearing

The court schedules a hearing on your motion. You'll need to explain your grounds and present supporting evidence. The plaintiff can argue against vacatur. If the judge grants the motion, the default judgment is set aside and the case resets for a trial on the merits — you finally get your day in court. If denied, the judgment stands and collection continues.

A Default Can't Be Directly Appealed

This is a common mistake. You cannot appeal a default judgment in Washington small claims. Under RCW 12.40.120, you must first vacate the default through CRLJ 60. Only after vacatur, if you then lose at trial, can you pursue the normal appeal process under Chapter 12.36 RCW.

The Washington Small Claims Response Guide covers the full vacatur process alongside a post-judgment action tracker that keeps your motion deadlines, service dates, and court appearances in one place.

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