WashingtonDebt lawsuits require records and warnings before default judgments
Starting January 1, 2027, plaintiffs seeking default judgments over certain consumer debts must provide supporting records and serve consumers with a warning notice.
What it does
To seek a default judgment over covered consumer debt, a plaintiff must give the court account details, explain the amount sought, and provide records supporting the debt and, when needed, its ownership.
People sued over covered consumer debt must receive a warning that ignoring the case may lead to a judgment, possible collection steps, and problems with work, insurance, credit, or housing.
A court may deny a default judgment request if the plaintiff misses the required steps. It may also give the plaintiff 30 days to fix the complaint before dismissing the case.
Argument forPeople sued could better understand the debt, who owns it, and what may happen if they do not respond, helping them decide whether to seek legal help.
Argument againstPlaintiffs may need to gather account and ownership records before seeking a default judgment, which could make filing harder when records are missing.
More detail
A plaintiff seeking a default judgment must include required debt details and supporting records with the complaint. These rules cover default judgments for unsecured consumer debt, secured debt when the lawsuit seeks only money, and debt left after secured property is sold. They do not cover lawsuits to take or dispose of property or government agencies collecting government debt. The complaint must identify the debt, explain the amount sought, and give facts about the plaintiff's authority, proper location for the case, and filing deadline. For purchased debt, the plaintiff must attach records showing ownership; if the debt changed hands more than once, the records must show each transfer. The rules apply to lawsuits started on or after January 1, 2027.
The plaintiff must serve the consumer with a warning notice along with the complaint or amended complaint. The notice is required in actions covered by the chapter when a plaintiff seeks a default judgment. The notice must be at least 10-point type and explain that a judgment may follow if the consumer does not respond. It must describe possible ways a judgment could be collected and possible effects on work, insurance, credit, or housing, and give information about finding legal help, including through 211. The notice must accompany the complaint or amended complaint served on the consumer. The rules apply to lawsuits started on or after January 1, 2027.
A court may deny a request for default judgment when the plaintiff fails to follow the chapter and may start a process to dismiss the case. These court responses apply to actions covered by the chapter. The additional consequences apply to holders of purchased debt and their affiliates when collecting that debt. After sending the plaintiff notice that it intends to dismiss the case, the court may dismiss without prejudice unless the plaintiff files a compliant amended complaint within 30 days. Violations while collecting purchased debt may also trigger consumer protection and collection agency consequences for the debt holder or an affiliate. The 30-day period starts when the plaintiff is sent the court's notice of intent to dismiss.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 18Effective date 1/1/2027.Latest
- Mar 18Chapter 107, 2026 Laws.Major
- Mar 18Governor Bob Ferguson signed.Became Law
- Mar 9Delivered to Governor.To Governor
- Mar 5Speaker signed.Passed House
- Mar 5President signed.Passed Senate
- Mar 4Third reading, passed; yeas, 93; nays, 1; absent, 0; excused, 4.Minor
- Vote recorded 3rd Reading & Final Passage (#26). Result: pass.Lower
- Mar 4Rules suspended. Placed on Third Reading.Minor
- Feb 27Rules Committee relieved of further consideration. Placed on second reading.Minor
- Feb 25Referred to Rules 2 Review.Minor
- Feb 24CRJ - Majority; do pass.Minor
- Feb 24Executive action taken in the House Committee on Civil Rights & Judiciary at 10:30 AM.
- Feb 18Public hearing in the House Committee on Civil Rights & Judiciary at 8:00 AM.
- Feb 9First reading, referred to Civil Rights & Judiciary.Minor
- Feb 5Third reading, passed; yeas, 47; nays, 0; absent, 0; excused, 2.Minor
- Vote recorded 3rd Reading & Final Passage (#5). Result: pass.Upper
- Feb 5Rules suspended. Placed on Third Reading.Minor
- Feb 51st substitute bill substituted (LAW 26).Major
- Feb 4Placed on second reading consent calendar.Minor
- Jan 23Passed to Rules Committee for second reading.
- Jan 22LAW - Majority; 1st substitute bill be substituted, do pass.Major
- Jan 22Executive action taken in the Senate Committee on Law & Justice at 10:30 AM.
- Jan 19Public hearing in the Senate Committee on Law & Justice at 10:30 AM.
- Jan 12By resolution, reintroduced and retained in present status.
- 2025
- Feb 13Public hearing in the Senate Committee on Law & Justice at 10:30 AM.
- Feb 10First reading, referred to Law & Justice.Introduced
Consumer Protection