General information
Civil Court Rules CR 8 and CR 12 for Superior Court and for District Court talk about defenses, including affirmative defenses. Affirmative defenses need to be proven by the person who is claiming them. A successful affirmative defense can mean that the defendant has no liability, even if all of the allegations in the complaint are true. The Court Rules also specify the time period for serving an answer (responding) to the other party.
Forms and instructions
Washington LawHelp has guides with instructions to help you respond to a debt collection lawsuit. The material is general enough to use in many other types of cases:
- Answer a Lawsuit for Debt Collection - printable packet with forms that you can fill out by hand
- Answer a Lawsuit for Debt Collection - online interview that can help you fill out the forms
If you are served with a lawsuit, Washington LawHelp has a Notice of Appearance that you can use to say that you want to defend yourself and get notice of anything else that happens in the case:
- File a Notice of Appearance - printable packet with instructions and a form that you can fill out by hand or an online interview to help you fill out the form
More information about responding to default is on the default judgment page. More information and forms about answering are available at the Law Library.
Self-help kit from the law library
The law library sells a Respond to a Civil Lawsuit in Superior Court kit with forms and instructions to respond to a civil lawsuit in Superior Court filed against a person. It includes affirmative defenses and counterclaims, but does not include cross claims. Kits can be purchased at the library or online and mailed out.
Counterclaims
Counterclaims can be included when responding to a lawsuit. These are claims by the defendant against the plaintiff. In addition to responding to the plaintiff's lawsuit, the defendant may also raise these counterclaims. This is basically suing the plaintiff, and will require a filing fee.
Civil Court Rule CR 13 for Superior Court and for District Court discuss counterclaims. Washington LawHelp's If Someone Sues You in Small Claims Court has a section about counterclaims.
Free eBook about representing yourself in court
How to find the eBook about representing yourself in court
Pages 74-80 pertain to the defendant's response to a lawsuit
Additional resources
Washington LawHelp has:
- Tips for trying to resolve your dispute and what to do if you need to appear If Someone Sues You in Small Claims Court
- Information about responding to a lawsuit if you live out of state and were served with a complaint or petition filed in Washington State courts