Washington Motion-to-Vacate Deadlines
Washington's primary motion-to-vacate rule is CR 60(b). Ordinary grounds (mistake, inadvertence, surprise, excusable neglect) must generally be raised within 1 year ((1-3)). Fraud grounds are more generous in Washington, and void-judgment attacks have no fixed time limit.
| Ground | Washington Deadline |
|---|---|
| Ordinary relief (mistake/neglect) | 1 year ((1-3)) |
| Fraud on the court | 1 year (intrinsic); reasonable time (extrinsic) |
| Void judgment (jurisdiction/service) | void any time |
If your motion targets the ordinary window, it must be filed within 1 year ((1-3)) of the judgment. A void-judgment attack under CR 60(b) is not time-barred because the judgment was never valid to begin with.
Extrinsic vs Intrinsic Fraud in Washington
Washington follows federal extrinsic-fraud doctrine.
The distinction matters because extrinsic fraud (fraud that prevented you from presenting your case) typically can be attacked at any reasonable time under Washington law, often via an independent equity proceeding. Intrinsic fraud (false evidence or perjury within the case) is usually bound by the ordinary window.
- Extrinsic examples: opposing party intentionally concealed your address to prevent service; bribed your lawyer; kept you from testifying.
- Intrinsic examples: perjured affidavit of amount owed; forged signed contract; false account statement.
If you have evidence of extrinsic fraud in Washington, you likely have a cause of action even after the ordinary vacatur window has closed.
Void Judgments -- No Time Limit in Washington
A judgment is void (not merely voidable) when the court lacked:
- Personal jurisdiction -- e.g., improper service, out-of-state defendant with insufficient minimum contacts.
- Subject-matter jurisdiction -- e.g., state-court suit on exclusively federal claim.
- Due process compliance -- e.g., no meaningful notice or opportunity to be heard.
Void judgments in Washington can be attacked at any time and should be void as of their entry. Service defects (sewer service, no personal service attempt before publication, substitute service on someone not authorized) are by far the most common basis.
FRCP 60 State Analog for Washington
Washington's CR 60(b) is the state analog of Federal Rule of Civil Procedure 60 (or FRCP 60(b) for relief from final judgments). In federal practice, FRCP 60(b) covers:
- (1) mistake, inadvertence, surprise, or excusable neglect
- (2) newly discovered evidence
- (3) fraud, misrepresentation, or misconduct
- (4) void judgment
- (5) satisfied judgment
- (6) any other reason that justifies relief
Washington's rule tracks this structure with variations noted above. If your case is in federal court (e.g., bankruptcy adversary proceeding), FRCP 60(b) applies directly.
Stipulated Judgments in Washington
WA stipulated judgments reviewed under White v. Holm four-factor test.
Stipulated (consent) judgments are harder to vacate because they represent a contractual agreement. Washington courts generally require a showing of:
- Fraud. The other party lied about a material fact you relied on.
- Mutual mistake. Both parties were wrong about a material fact (e.g., amount owed was misstated).
- Duress or coercion. You signed under improper pressure or threat.
- Lack of capacity or authority. You could not legally consent, or the signing attorney lacked authority.
Ordinary remorse or change of mind will not vacate a stipulated judgment in Washington. See default vs consent judgments.
Timeline for Filing Your Washington Motion
Speed matters in Washington. The typical timeline:
- Day 0. Judgment entered (or discovered by you).
- Day 1-14. Gather evidence -- service records, correspondence, affidavits, meritorious defense documents.
- Day 15-30. Draft motion with supporting affidavit. Courts view delay as waiver.
- Day 30+. File motion, serve opposing party. Ask for a hearing.
For ordinary relief under CR 60(b), filing beyond 1 year ((1-3)) is fatal. Use our motion template to stay ahead of the deadline.
When Bankruptcy Is the Cleaner Path
If the motion-to-vacate window has closed or your grounds are weak, bankruptcy remains effective. In Washington:
- Chapter 7 discharges the underlying debt within 90-120 days.
- Chapter 13 restructures the judgment debt over 3-5 years.
- Section 522(f) judicial lien avoidance strips judgment liens that impair exemptions.
- Section 362 automatic stay halts all collection activity on filing.
See 1328(f) refiling screener, Washington means test, and judgment after bankruptcy.