LCRLJ 55. DEFAULT
(a) Entry of Default Judgment.
(5) All necessary papers required for entry of a default
judgment shall be filed at the same time as the motion for
default judgment, unless extended by court order to correct
a clerical error or omission or for furnishing of any proof
required by the court. Default judgments shall be subject
to the following:
(6) No default judgment shall be granted except upon motion
by plaintiff's counsel of record, or if none, by motion of
plaintiff.
(7) No default judgment shall be granted except upon proof
satisfactory to the court. The court shall require at least
the following to be on file with the motion for default
judgment, unless otherwise excused by the court for good
cause:
(i) on assigned causes of action, the assignment
instrument;
(ii) on causes of action based on a negotiable
instrument, the original negotiable instrument;
(iii) on causes of action based on a retail sales
contract, chattel mortgage, or conditional sales
contract, the original contract (or a copy if the
original has been filed with a government agency).
Where applicable, an automobile title or bill of sale
must be filed;
(iv) on causes of action based on open account where
the complaint is not specific, a written statement of
account setting forth all charges and credits and the
dates thereof, the nature of merchandise or services
furnished, and a statement of any interest or
surcharges which are included;
(v) on causes of action for rent based on an oral
lease, a statement of account setting forth the dates
of accrued rent, dates of delinquency, late charges and
any other costs. If any claim is made for damages or
repairs to premises, such claim must be itemized
separately;
(vi) on causes of action for rent based on a written
lease, a copy of the lease and a statement of account
setting forth the dates of accrued rent, dates of
delinquency, late charges and any other costs allowed
by the lease;
(vii) on causes of action based on all other contracts,
oral testimony to prove performance may be required,
together with filing of a copy of the contract, if
written; and filing or proving the items of account and
any credits;
(viii) on causes of action for tort, the proof required
shall be the same as required above for proving
contract balances except that the following additional
proof of the amount of damage shall be required:
Property damage may be proved by repair bills or
estimates;
Loss of use claims, loss of wages, and pain and
suffering shall be proved by oral testimony;
Hospital and doctor bills may be proved by written
bills, whether paid or not.
(8) No judgment for interest shall be allowed unless
citation to applicable authority is presented and there is
on file proof of the factors necessary for computation of
interest including applicable dates, rate of interest,
amounts subject to interest, and a computation of the total
interest claimed due.
(9) Default Judgments must be accompanied by:
(i) Affidavit of Service if not previously filed.
(ii) Affidavit of Soldiers' and Sailors' Relief Act.
(g) Collection and handling charges and attorneys fees on
actions brought to collect dishonored checks shall not be
allowed unless proof of the following is provided:
(1) The statutory form of notice of dishonor has been sent
as required by RCW chapter 62.A-3 and a copy is filed with
the court.
(2) An accounting statement, or some reasonable alternate
means of determining the plaintiff's collection costs is
filed with the court.
Click here to view in a PDF.
|
| Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library |
| Back to Top | Privacy and Disclaimer Notices |