Vacate a default eviction judgment and stop a writ of restitution
If you didn’t go to court and a sheriff posted an eviction notice on your door, you can ask a judge to cancel the eviction if you have a defense. Includes forms and instructions for a Motion to Vacate Default and Stay Enforcement of Writ of Restitution.
1. Fast facts
What is a motion to vacate?
This written request asks a judge to withdraw or take back (to vacate) a previous order issued in your case, such as eviction orders (judgment for unlawful detainer and writ of restitution).
We use the word “order” here to refer to an order or a judgment.
Generally, a judge will approve your Motion to Vacate if you can convince them that you didn't have a fair chance to present your case before the order was issued. If you did have that chance, don't file a Motion to Vacate. This is not an appeal. An appeal asks a higher court to change a lower court’s decision. A Motion to Vacate asks the same court to take back its own decision.
Judges rarely approve a Motion to Vacate. Before filing this motion, make sure you have solid legal grounds for it. Otherwise, a judge could decide against you and order you to pay the other side’s costs, including attorney’s fees. Try to talk to a lawyer before you file.
What is a motion to stay?
This written request asks a judge to pause (to stay) a previous order temporarily while they consider another request, such as a motion to vacate or motion for reconsideration or revision.
Your motion to vacate a default eviction judgment can also include a request to stay the writ of restitution (pause the eviction order). If the judge approves it, a stay will temporarily stop the sheriff from evicting you while the judge decides whether to vacate the eviction judgment. You must ask for an emergency hearing on this motion.
Deadline!
You can file a motion to stay and vacate any time before the sheriff carries out (enforces) the writ and evicts you. The sooner, the better. It takes time to get the paperwork filed, reviewed by a judge, and sent to the sheriff.
You can still ask a judge to vacate a default after you’ve been removed from the property. But it’s much harder to get back into a rental once you’re out.
A lawyer can help you figure out if your motion is timely before you file.
I just want more time to move. Can I file this motion to buy time?
No. Needing more time to move is not a solid legal ground to ask for a motion to vacate. Your motion would be considered “frivolous” or in bad faith. You could owe more money to the landlord for court costs and attorney’s fees.
If you just want more time, try to make an agreement with the landlord or their attorney on a move out date instead. If you reach an agreement, one of you must put it in writing and everyone involved should sign and date it. Then you must deliver a copy of the signed agreement to the Sheriff to stop them from enforcing the eviction notice (Writ of Restitution). You can read about this law at RCW 59.18.390(1).