In King County Seattle Courthouse, Civil, debt collections case (live in another state but sued and defaulted without knowledge of in Seattle).
If I want to file and have a hearing for a Motion To Vacate Default Judgment and Stay of Execution of Writ of Garnishment, do I first have to get an Order To Show Cause granted?
I know I can file the Motion To Vacate, but I'm unclear on whether I have to get the Order To Show Cause granted (which requires a Motion To Vacate hearing date on the Order form), or whether I have to get an Order To Show Cause at all.
CR 60 says 'upon good cause shown', but does not specifically state an Order To Show Cause is needed to get the Motion To Vacate Default Judgment
A show cause is required - see King County Local Rules
LCR 60. RELIEF FROM JUDGMENT OR ORDER
(e) Procedure on Vacation of Judgment.
(1) Default Judgment: The return on the order to show cause to set aside a default judgment shall be as follows:
(A) Case originally assigned to a judge who has not been assigned (transferred) to a new case designation area or to juvenile court: The order to show cause shall be returned to the judge to whom the case had been originally assigned, regardless of which judicial officer signed the judgment of default.
(B) Case originally assigned to a judge who has left the court or who has transferred to a court facility other than that reflected in the case designation: The order to show cause shall be returned to the Chief Civil Judge in Seattle or the Regional Justice Center Chief Judge, according to the designation of the case or in family law cases involving children before the Chief Unified Family Court Judge.
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