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In King County Seattle Courthouse, do I need an Order To Show Cause granted before filing a Motion To Vacate Default Judgment?

Seattle, WA |

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

Attorney Answers 2

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More detail needed

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1. I live in california, was sued in washington by a junk debt buyer. I was not served. I had no knowledge of the legal action until my accounts were emptied by the bank/by a Writ of Garnishment. 2. Bank holds the funds for 20 days before releasing said funds to Plaintiff. I want to vacate the void judgement and stay the execution of the writ of garnishment (or at least (I guess it has been executed, but I want to stop the bank from releasing funds or short of that, get the funds back from the Plaintiff if they get their hands on them. 3. I believe I need an Order To Show Cause to have the other side show cause at the hearing for the Motion To Vacate default judgment. I need to confirm whether I actually need the order or not, as if so, one must pick a vacate hearing date to put on the order to show cause. Otherwise can just file/serve the motion to vacate etc. 4. What more details would you like?

Posted

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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