Wash. Supreme Court published opinion — 1033320.pdf

Citation: Wash. Supreme Court published opinion — 1033320.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/1033320.pdf ↗

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file a motion requesting appointment of attorney prior to execution of the writ. SPR

98.24W. 1

1. RCW 59.18.365 precludes a default judgment against a tenant who appears but
does not submit a written answer in an unlawful detainer action
The tenant contends that the trial court erred when it entered a default judgment

for failure to answer the complaint. Specifically, the tenant reasons that RCW

59.18.365’s summons form directs defendants to respond with a notice of appearance

and, by responding, the tenant will receive a show cause hearing. The landlord disagrees,

relying primarily on the Civil Rules, which require an answer and allow a default

judgment regardless of a party’s notice of appearance.

RCW 59.18.365 governs the procedure for an unlawful detainer summons and

contains three subsections. Subsection (1) requires that a summons contain information

about the parties, nature of the action, relief sought, and return date. Subsection (2)

instructs the defendant how to serve a response to the summons. “A defendant may serve