Sued by a debt collector in Washington

In Washington you usually have about 20 days to answer a debt lawsuit. Here is what happens if you don't, how an old debt can be a defense, what can be taken if you lose and what to do now.

Short answer

Washington's deadline is shorter than in most states, so act fast. 20 days after you are served in Washington, not counting the day of service (superior court CR 12(a) and district court CRLJ 12(a)) If you do not answer within 20 days, the collector can ask for a default judgment, which can lead to wage or bank garnishment. A debt older than Washington's time limit for written contracts (6 years) can be a defense.

Time to answer
20 days
Time limit to sue (written contract)
6 years
Court self-help
Official page

How long you have to answer in Washington

Time to answer
20 days after you are served in Washington, not counting the day of service (superior court CR 12(a) and district court CRLJ 12(a))
Court self-help
Washington court self-help (official)

Across our 48 state guides the time to answer runs 14–30 days; Washington's 20 is shorter than most.

In nearby states

If you don't answer in Washington

If you do not answer within 20 days, the collector can ask for a default judgment, which can lead to wage or bank garnishment.

Old debts as a defense in Washington

Washington's time limit to sue is 6 years (RCW 4.16.040(1) (6 years: written contract) and (2) (6 years: account receivable, meaning any obligation for payment incurred in the ordinary course of the creditor's business; shown as the open-account limit); RCW 4.16.080(3) (3 years: other contracts not in writing)). Be careful before you pay on an old debt in Washington: A payment made before the 6 years run out restarts the clock. A payment, acknowledgment or promise made after the time limit has expired does not restart or revive it. A collector may not sue or threaten to sue on a time-barred debt (12 CFR 1006.26(b)).

Check Washington's statute of limitations

If the collector wins in Washington

  • Wage limit: Stricter than federal for consumer debt: you keep the greater of 80% of disposable earnings or 35 times the Washington minimum wage per week.
  • Bank account: For consumer debt, $2,000 in bank accounts is protected automatically ($500 for most other debts; $1,000 automatic, up to $2,500, for private student loans).
  • Property: Your homestead is protected up to the greater of $125,000 or the county median sale price of a single-family home in the prior year (RCW 6.13.030).

Washington's garnishment rules

Washington rules for debt lawsuits

  • Debt collectors may not 'pocket serve' you: the lawsuit must be filed and have a case number first. (RCW 19.16.250(27))
  • A collector may not sue or start arbitration when it knows, or should know, the debt is past the statute of limitations. (RCW 19.16.250(23))

Suing a collector who breaks the rules in Washington

Breaking RCW 19.16.250 or collecting without a license is an unfair or deceptive practice under Washington's Consumer Protection Act (chapter 19.86 RCW), so you can sue under that act. Also, the collector and later owners lose the right to collect any interest, fees or charges on that debt, only the original amount.

Responding to a debt lawsuit in Washington

  1. Make sure the lawsuit is real

    Look it up with the court yourself, not through a number on the papers.

  2. Mark your deadline

    In Washington: 20 days after you are served in Washington, not counting the day of service (superior court CR 12(a) and district court CRLJ 12(a))

  3. Send in your answer

    File it with the court clerk and send a copy to the collector's lawyer. Start with Washington court self-help (official).

  4. List your defenses

    Is it yours, is the amount right, did you pay, is it older than Washington's 6 years for written contracts?

  5. Show up in court

    Bring every paper you have, and send a dispute letter so the collector must prove the debt.

Where to get free help in Washington

Questions about debt lawsuits in Washington

What is the deadline to respond to a collection lawsuit in Washington?

20 days after you are served in Washington, not counting the day of service (superior court CR 12(a) and district court CRLJ 12(a))

Can a collector win by default in Washington?

If you do not answer within 20 days, the collector can ask for a default judgment, which can lead to wage or bank garnishment.

What if the debt is too old to sue on in Washington?

Washington's time limit to sue is 6 years (RCW 4.16.040(1) (6 years: written contract) and (2) (6 years: account receivable, meaning any obligation for payment incurred in the ordinary course of the creditor's business; shown as the open-account limit); RCW 4.16.080(3) (3 years: other contracts not in writing)). A collector may not sue or threaten to sue on a time-barred debt (12 CFR 1006.26(b)).

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