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  1. #1
    Join Date
    Sep 2016
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    Default Can You Default on a Case Before it is Filed

    In Washington State, it is not uncommon for landlords to prepare an eviction lawsuit and to serve the tenant with the summons and complaint before filing the complaint with the court. If the tenant does not answer the complaint within the time frame for answering a complaint, can the landlord file for a default when they file the eviction case in court?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Can You Default on a Case Before it is Filed

    While it is understandable that a landlord might want to save money by serving an eviction case that has not been filed in court, the court case does not begin until the lawsuit is filed, and the deadline for answering does not start to run until the eviction case is filed and served. By delaying in filing the eviction case, the landlord is giving the tenant more time to respond to the complaint, and extending the amount of time that the tenant could potentially stay in occupation without paying rent or curing the problem underlying the eviction complaint.

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