How to stop a default judgment?

[crayiii]

What is the name of your state? WA

I was served a notice for a default judgment hearing for my divorce in Washing State (I'm in Oregon). I have been fighting jurisdiction and both Oregon and Washing stayed the cases in obeyance of the UCCJEA.

On 4/14 Oregon gave jurisdiction to Washington after a teleconference between both courts.

The judge told my wife's attorney to write up the findings and send them out. He never has and I keep asking him to send them to me.

I never responded to the original petition because I had one in Oregon and we were fighting jurisdiction. I apeared on many many occasions in Washington for the jurisdictional hearings.

I was served on 3/3/05 and they filed for the default on 5/4/05. There is a hearing next week in WA. I have since filed a response to the default motion.

I am Pro Se.

Is there a motion I can file asking the judge to cancel the hearing since I am active in the case, and because the original petition should have been stayed?

If my wife wins by default, I am in bad shape because she is asking for me to have zero visitation as well as pay all attorney fees and a ton of spousal support.

[Fobbed-Fodder]

Check these out

Washington State Court Rules
Rules for Superior Court

http://www.courts.wa.gov/court_rules/?fa=court_rules.state&group=sup

      
Washington State Court Rules: Superior Court Civil Rules
http://www.courts.wa.gov/court_rules/?fa=court_rules.list&group=sup&set=CR

CR 60 Relief From Judgment or Order
RULE 60                                                
               RELIEF FROM JUDGMENT OR ORDER                                    
                                                                                 
    (a) Clerical Mistakes. Clerical mistakes in judgments, orders or other      
parts of the record and errors therein arising from oversight or omission        
may be corrected by the court at any time of its own initiative or on the        
motion of any party and after such notice, if any, as the court orders.          
Such mistakes may be so corrected before review is accepted by an appellate      
court, and thereafter may be corrected pursuant to RAP 7.2(e).                  
    (b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered              
Evidence; Fraud; etc. On motion and upon such terms as are just, the court      
may relieve a party or his legal representative from a final judgment,          
order, or proceeding for the following reasons:                                  
    (1) Mistakes, inadvertence, surprise, excusable neglect or irregularity      
in obtaining a judgment or order;                                                
    (2) For erroneous proceedings against a minor or person of unsound          
mind, when the condition of such defendant does not appear in the record,        
nor the error in the proceedings;                                                
    (3) Newly discovered evidence which by due diligence could not have          
been discovered in time to move for a new trial under rule 59(b);                
    (4) Fraud (whether heretofore denominated intrinsic or extrinsic),          
misrepresentation, or other misconduct of an adverse party;                      
    (5) The judgment is void;                                                    
    (6) The judgment has been satisfied, released, or discharged, or a          
prior judgment upon which it is based has been reversed or otherwise            
vacated, or it is no longer equitable that the judgment should have              
prospective application;                                                        
    (7) If the defendant was served by publication, relief may be granted        
as prescribed in RCW 4.28.200;                                                  
    (8) Death of one of the parties before the judgment in the action;          
    (9) Unavoidable casualty or misfortune preventing the party from            
prosecuting or defending;                                                        
    (10) Error in judgment shown by a minor, within 12 months after              
arriving at full age; or                                                        
    (11) Any other reason justifying relief from the operation of the            
judgment.                                                                        
    The motion shall be made within a reasonable time and for reasons (1),      
(2) or (3) not more than 1 year after the judgment, order, or proceeding        
was entered or taken. If the party entitled to relief is a minor or a            
person of unsound mind, the motion shall be made within 1 year after the        
disability ceases. A motion under this section (b) does not affect the          
finality of the judgment or suspend its operation.                              
    (c) Other Remedies. This rule does not limit the power of a court to        
entertain an independent action to relieve a party from a judgment, order,      
or proceeding.                                                                  
    (d) Writs Abolished--Procedure. Writs of coram nobis, coram vobis,          
audita querela, and bills of review and bills in the nature of a bill of        
review are abolished. The procedure for obtaining any relief from a              
judgment shall be by motion as prescribed in these rules or by an                
independent action.                                                              
    (e) Procedure on Vacation of Judgment.                                      
    (1) Motion. Application shall be made by motion filed in the cause          
stating the grounds upon which relief is asked, and supported by the            
affidavit of the applicant or his attorney setting forth a concise              
statement of the facts or errors upon which the motion is based, and if the      
moving party be a defendant, the facts constituting a defense to the action      
or proceeding.                                                                  
    (2) Notice. Upon the filing of the motion and affidavit, the court          
shall enter an order fixing the time and place of the hearing thereof and        
directing all parties to the action or proceeding who may be affected            
thereby to appear and show cause why the relief asked for should not be          
granted.                                                                        
    (3) Service. The motion, affidavit, and the order to show cause shall        
be served upon all parties affected in the same manner as in the case of        
summons in a civil action at such time before the date fixed for the            
hearing as the order shall provide; but in case such service cannot be          
made, the order shall be published in the manner and for such time as may        
be ordered by the court, and in such case a copy of the motion, affidavit,      
and order shall be mailed to such parties at their last known post office        
address and a copy thereof served upon the attorneys of record of such          
parties in such action or proceeding such time prior to the hearing as the      
court may direct.                                                                
    (4) Statutes. Except as modified by this rule, RCW 4.72.010-.090 shall      
remain in full force and effect.
   

[crayiii]

This is what I filed in response:

1. I am the Respondent in the above-captioned action and, on a limited appearance, make this statement upon my personal knowledge. Any and all exhibits attached are incorporated by reference and are true and correct copies of the originals, unless they are original.

2. I have recently seen action on this proceeding indicating that Petitioner has filed a motion for Default Judgment with a hearing being scheduled. I have not yet received service of a court date as required under Rule 55.

3. I have not missed my deadline for responding to this petition.

4. This case and the one filed in Oregon have both been held in abeyance while the courts followed rules set out in the UCCJEA to determine proper jurisdiction.

5. On April 14, 2005, the Oregon and Washington courts held a teleconference call to discuss the matter. During the teleconference call, the Oregon judge determined that, although Oregon was the Home State of the child, Oregon would be an inconvenient forum for my wife.

6. Opposing counsel was told by the Washington Commissioner to write up the order and send it out. I have asked the opposing counsel, Mr. NAME, numerous times to please send me the write-up. Mr. NAME has refused to do so as of the signing of this Declaration.

7. Attached as Exhibits "A", "B", and "C" are copies of communication that I have had with opposing counsel. Exhibit "A" happened before the Petitioner filed her motion for default. Opposing counsel knew that I would be continuing this case Pro Se, and decided to try to take advantage of me.

8. Rule 60 allows for RELIEF FROM JUDGMENT OR ORDER and states the following:

"(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered
Evidence; Fraud; etc. On motion and upon such terms as are just, the court
may relieve a party or his legal representative from a final judgment,
order, or proceeding for the following reasons:
(1) Mistakes, inadvertence, surprise, excusable neglect or irregularity
in obtaining a judgment or order;
(2) For erroneous proceedings against a minor or person of unsound
mind, when the condition of such defendant does not appear in the record,
nor the error in the proceedings;
(3) Newly discovered evidence which by due diligence could not have
been discovered in time to move for a new trial under rule 59(b);
(4) Fraud (whether heretofore denominated intrinsic or extrinsic),
misrepresentation, or other misconduct of an adverse party;
(5) The judgment is void;
(6) The judgment has been satisfied, released, or discharged, or a
prior judgment upon which it is based has been reversed or otherwise
vacated, or it is no longer equitable that the judgment should have
prospective application;
(7) If the defendant was served by publication, relief may be granted
as prescribed in RCW 4.28.200;
(8) Death of one of the parties before the judgment in the action;
(9) Unavoidable casualty or misfortune preventing the party from
prosecuting or defending;
(10) Error in judgment shown by a minor, within 12 months after
arriving at full age; or
(11) Any other reason justifying relief from the operation of the
judgment".
9. I would ask for relief under Rule 60 (b)(1) and (b)(11).

10. I have received no notice that the stay has been lifted in this case and have been reserving my response until such time as I have been notified of jurisdiction.

11. After realizing that I might lose by default (I am a layman responding Pro Se) I have now filed a response to the original Petition.

12. I ask the court to deny the Motion for Default on the grounds that I have not been provided notice on the ruling regarding jurisdiction, the Petition has been stayed, during the time the Petition has been stayed I have been arguing vigorously regarding jurisdiction, the "clock" stopped for response during the stay for UCCJEA Hearings, and I have every intention of exercising my rights to argue this case.

13. As shown in Exhibit "D", there has been much action on this case with many appearances, and responses by me.

14. I feel that this is a "dirty tactic" by the Petitioner. My attorney for the UCCJEA in Washington served notice to withdraw on May 3 and on May 4, Petitioner filed the Motion for Default Judgment.

15. I have every intention of presenting evidence during trial to uphold my position and to justify my requests for parenting.

16. I ask the court to dismiss the Motion for Default Judgment, cancel the Default Judgment Hearing, and set this case for trial.

[gipsy]

In pierce county Court this won't work , especially if this is just a commissioner's hearing , The court doesn't favor default hearings , If you don't appear they will get thier order through . You need to write a response and probably show income that you have , Like pay stubs for the last three months or so . , I know a really straight forwrd atty up here that I used , If you have a fax I can send you the arguments against default orders , I would deny every one of her requests , And ask to freeze any liquid assets , except what may be need for living expenses , You will need to file the financial discloser , Or what ever it is called , Or in the least show what you make , If there are kids there needs to be a temp parenting plan ,
   I tried this on My wife , Pro se and filed it all , Then it got more complicated And I used an atty , However My atty said he knew I would lose the default order because washington does not favor default orders , My email is   [email protected]    If you email me I will try to find her responce with arguments against default orders , she may get ahead on you a bit if you don't file  something that proves what you make , If you don't show that You cant pay what she is asking for the court may sign the order ! I will also send the number of a good atty In Tacoma , If you ar not in tacoma then I cant direct you to an atty ,

[Fobbed-Fodder]

Your arguments sound good,  You need to use the proper forms though.

Now go here: http://www.lawhelp.org/WA/showdocument.cfm/County/%20/City/%20/demoMode/=%201/Language/1/State/WA/TextOnly/N/ZipCode/%20/LoggedIn/0/rpc/1390099/doctype/dynamicdoc/ichannelprofileid/14165/idynamicdocid/1677/iorganizationid/1553/itopicID/862/iProblemCodeID/1390099/iChannelID/7/isubtopicid/1/iproblemcodeid/1390099


and then here:
http://www.washingtonlawhelp.org/WA/StateSubTopics.cfm/County/%20/City/%20/demoMode/%3D%201/Language/1/State/WA/TextOnly/N/ZipCode/%20/LoggedIn/0/iTopicID/862/sTopicImage/familyjuvenile.gif/bAllState/0

here too:
http://www.courts.wa.gov/forms/

[crayiii]

The Order for Default hasn't been granted a hearing was setup and I was given notice because I have appeared.

I will have all of the Vacate forms filed out when I get there next week in case the commissioner awards the default.