Washington Judgment by Default - B 261A

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US-B-261A
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This form is a judgment by default. This form is used to issue a judgment in favor of plaintiff against the defendant pursuant to Fed. R. Bankr. P. 7055.

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FAQ

Collection of the Judgement If you are awarded a judgment and the defendant does not pay the judgment within thirty days, or such a greater time as is set by the court, your case may be transferred to Superior Court. Remember, the clerks cannot advise you how to execute upon the judgment.

(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.

A default order is when a judge says someone has failed to respond to a court case by the deadline. After a judge finds someone in default, they cannot participate in the case. The judge can sign final orders and hold hearings without notice to the person who was defaulted.

(3) The justice shall have full power at any time after a judgment has been given by default for failure of the defendant to appear and plead at the proper time, to vacate and set aside said judgment for any good cause and upon such terms as he or she shall deem sufficient and proper.

(1) A defendant sentenced to pay any fine, penalty, assessment, fee, or costs who willfully defaults in the payment thereof or of any installment is in contempt of court as provided in chapter 7.21 RCW. The court may issue a warrant of arrest for his or her appearance.

Judgments Last Quite a While in Washington Essentially, the plaintiff becomes a creditor, with the right to certain types of property in order to pay the judgment amount. In the state of Washington, a judgment lien will remain attached to a person's property for ten years.

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.

This is done by filing a ?Notice of Non-payment and Request for Transfer? form with the district court clerk's office. After you submit the form, the judgment will be entered on the district court's judgment docket and you may seek to collect the judgment by garnishment, execution or other sanctioned process.

(4) No summons is necessary for a counterclaim or cross claim for any person who previously has been made a party. Counterclaims and cross claims against an existing party may be served as provided in rule 5.

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Washington Judgment by Default - B 261A