Parties in a lawsuit generally have 20-days to file a response to a Complaint after being served. If the party misses this deadline, they are at risk of their adversary filing a Motion for Default for failure to respond. However, even if the Motion for Default is filed and granted, the party in default does have an opportunity to file a Motion to Set Aside the Order of Default. You must act immediately to meet the legally required deadlines, and you should consult and hire counsel to help with this important step.
The block quote below explains the standards for how courts review a Motion to Set Aside a Default Order.
Washington generally disfavors default judgments because “[w]e prefer to give parties their day in court and have controversies determined on their merits.”7 CR 55 provides that “if a judgment by default has been entered, [the trial court] may likewise set it aside in accordance with rule 60(b).”8 CR 60(b) lists 11 grounds upon which a party may seek relief from judgment. While Era Living did not specifically identify the grounds upon which it sought relief, the relevant basis appears to be CR 60(b)(1) “[m]istakes, inadvertence, surprise, excusable neglect or irregularity in obtaining a judgment or order.”