There are no fixed standards to determine the type of mistake, surprise, or excusable neglect that would warrant the setting aside of a default judgment. The court's decision to set aside a judgment on any of these grounds turns upon the unique factual background of each particular case. However, mistake, inadvertence, and excusable neglect that warrants relief from a default judgment require some justification for an error beyond mere carelessness or ignorance of the law of the party or his or her attorney.
Washington Affidavit Supporting Notice of Motion for Vacation or Setting Aside of Default Judgment due to Mistake, Inadvertence, Surprise, or Excusable Neglect
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How to fill out Affidavit Supporting Notice Of Motion For Vacation Or Setting Aside Of Default Judgment Due To Mistake, Inadvertence, Surprise, Or Excusable Neglect?
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FAQ
You can get a default order if all of these are true: You filed papers to start your court case (usually a Summons and Petition) You properly served the person/s on the other side of your case (the ?other party? or ?other parties?) The other party did not file a Response by the legal deadline.
The judge will enter an order, which is called the judgment on the default. At that point, the defendant owes the plaintiff the amount of money the court has determined is due to the plaintiff. Essentially the case is done at this point.
What is a Motion to Vacate? It asks a judge to cancel (to vacate) an earlier order or judgment entered by the same court. You file this Motion in the Washington state court where the Order you want vacated was issued. Does a Motion to Vacate make sense for my situation?
A motion for default shall include a statement of the basis for venue in the action. A default shall not be entered if it clearly appears to the court from the papers on file that the action was brought in an improper county. (b) Entry of Default Judgment.
A default is a failure to perform a duty in legal proceedings. A default judgment is binding, and the defaulting defendant may not litigate his case or present any evidence. A civil action default judgment will grant the amount of relief sought in a plaintiff's complaint.
Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders.
To ask a court to set aside (cancel) a court order or judgment, you have to file a ?request for order to set aside,? sometimes called a ?motion to set aside? or ?motion to vacate.? The terms ?set aside? or ?vacate? a court order basically mean to ?cancel? or undo that order to start over on a particular issue.
Default means a party didn't timely respond to the petition ? the document that started the case ? and the court subsequently banned that party from participating in the case any further. This results in an easy court victory for whoever filed the petition.