Wash. Rev. Code » Title 4 · Chapter 4.28
Revised Code of Washington

Wash. Rev. Code § 4.28.200 (2026)

Right of one constructively served to appear and defend or reopen

✓ current as of May 2026
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If the summons is not served personally on the defendant in the cases provided in RCW 4.28.110 and 4.28.180, he or she or his or her representatives, on application and sufficient cause shown, at any time before judgment, shall be allowed to defend the action and, except in an action for divorce, the defendant or his or her representative may in like manner be allowed to defend after judgment, and within one year after the rendition of such judgment, on such terms as may be just; and if the defense is successful, and the judgment, or any part thereof, has been collected or otherwise enforced, such restitution may thereupon be compelled as the court directs.
[ 2011 c 336 s 101; 1893 c 127 s 12; RRS s 235.]
Notes of Decisions
Cited in 15 cases (2 in the last 5 years), 1964–2025 · leading case: Caouette v. Martinez, 856 P.2d 725 (Wash. Ct. App. 1993).
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Caouette v. Martinez, 856 P.2d 725 (Wash. Ct. App. 1993). · cites it 4× “The trial court also determined that there *73 were independent grounds to vacate the default judgment pursuant to CR 60(b)(1), (11) and RCW 4.28.200. I Statute of Limitations The statute of limitations on personal injury actions is 3 years.”
In Re Marriage of Himes, 965 P.2d 1087 (Wash. 1998). “(4) Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (5) The judgment is void; (7) If the defendant was served by publication, relief may be granted as prescribed in RCW 4.28.200; (11) Any other reason…”
State v. Scott, 580 P.2d 1099 (Wash. Ct. App. 1978). “(2) By a new trial granted in proceedings against defendant served by publication only as prescribed in RCW 4.28.200. (3) For mistakes, neglect or omission of the clerk, or irregularity in obtaining a judgment or order.”
Malted Mousse, Inc. v. Steinmetz, 113 Wash. App. 157 (Wash. Ct. App. 2002). “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…”
Malted Mousse, Inc. v. Steinmetz, 52 P.3d 555 (Wash. Ct. App. 2002). “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…”
Owl Transfer Bldg. Ltd. P'ship, Res. v. Wah Louie, App. (Wash. Ct. App. 2014). · cites it 22× “In opposition, Owl Transfer LLP asserted that the motion to vacate was untimely under the service by publication statute, RCW 4.28.200. In reply, Wah Louie argued the motion was not barred by the one-year time limit under RCW 4.”
Burman v. State, 749 P.2d 708 (Wash. Ct. App. 1988). “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…”
Cherokee Bay Cmty. Club, V. Walter E. Bosshart, Et Ano (Wash. Ct. App. 2021). · cites it 7× “The Bossharts argue that the trial court erred in (1) determining that the Association performed its due diligence prior to service by publication; (2) finding no sufficient cause to vacate the judgment under CR 60(b)(1); and (3) finding no sufficient cause to vacate the…”
Staley v. Staley, 548 P.2d 1097 (Wash. Ct. App. 1976). “endant at his place of residence, unless it is stated in the affidavit that such residence is not known to the affiant, and stating the existence of one of the cases hereinafter specified, the service may be made by publication of the summons, by the plaintiff or his attorney in…”
Corp. Loan & Sec. Co. v. Peterson, 391 P.2d 199 (Wash. 1964). “489) Respondent (the garnishee-defendant), in an effort to support the order appealed from, suggests that perhaps RCW 4.28.200 3 is applicable. This is, indeed, a frail reed and gives no support; as pointed out by Professor Trautman in his article “Vacation and Correction of…”
In re the Marriage of: Kelli Benjamin & Greg Benjamin (Wash. Ct. App. 2017). · cites it 3× “34799-1-111 In re Marriage of Benjamin (4) Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (5) The judgment is void; (7) If the defendant was served by publication, relief may be granted as prescribed in…”
Michael E. Harkey v. Us Bank (Wash. Ct. App. 2015). · cites it 2× “3 On May 31, 2011, Harkey filed "motion to set aside default judgment and to suspend its operation" under CR 55, CR 60, and RCW 4.28.200. Clerk's Papers (CP) at 421.”
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