← All Washington benefits
otherstate
The State Civil Relief Act — 180-Day Stays, No Quiet Default Judgment, and a Case the Governor’s Call-Up Does Not Break
Chapter 38.42 RCW gives a service member and their dependants protections in every Washington civil or administrative proceeding: a plaintiff must file an affidavit on military status before default, the court appoints counsel, and proceedings can be stayed until 180 days after release. A national guard member called up by the governor is inside it.
Verified August 23, 2026
What this benefit is
Chapter 38.42 RCW gives a service member and their dependants protections in every Washington civil or administrative proceeding: a plaintiff must file an affidavit on military status before default, the court appoints counsel, and proceedings can be stayed until 180 days after release. A national guard member called up by the governor is inside it.
What it's worth: Protection from the day the orders arrive until 180 days after release, plus costs and reasonable attorneys’ fees on a violation
- The protection period is fixed by statute: it begins on the date the service member receives the order and ends 180 days after termination of or release from military service.
- The chapter applies to any judicial or administrative proceeding commenced in any court or agency in the state in which a service member or dependant is a party, and to civil asset forfeiture proceedings. It does not apply to criminal proceedings.
- The chapter is to be construed liberally so as to provide fairness and do substantial justice to service members and their dependants — that instruction is in the statute itself.
- No dollar value is claimed. What is being protected is a judgment, a defence, or a case, and its worth is whatever was at stake in it.
Who is entitled to it
- You are inside the window the state civil relief act protects.
- The chapter protects the service member who received the orders.
- A dependant is protected in their own right for the same period as the member.
- Your home is in Washington.
Not sure whether that describes you?
Answer a few questions about this benefit specifically — we only ask what this one actually depends on, and we stop as soon as we know.
How to claim it
Deadline: While serving, or within 180 days of release- 1Check the dates first. The window opens the day the order is received and closes 180 days after termination of or release from military service — not on the day you come home.
- 2To get a stay, send the court two things: a letter or other communication setting out how current military duty requirements materially affect the ability to appear, with a date when appearance will be possible; and a letter from the commanding officer stating that current military duty prevents the appearance.
- 3Ask for an additional stay if the duty continues. The statute allows a further application, on the same documentation, and if the court refuses it the court must appoint counsel.
- 4If a default judgment has already been entered, do not assume it is final. It can be reopened during the period of military service or within 180 days after release, on a showing that military service materially affected the ability to defend and that a meritorious defence exists.
- 5Point the court at RCW 38.42.050 before default is entered against you: the plaintiff must file an affidavit either stating the facts showing the defendant is in military service or is a dependant, or stating that the plaintiff could not determine military status.
- 6If a company or a party has broken the federal act, say so in state terms. RCW 38.42.120 makes a violation of the federal servicemembers civil relief act a violation of this chapter, and RCW 38.42.130 lets a person aggrieved sue for equitable or declaratory relief and monetary damages, with costs including reasonable attorneys’ fees to a prevailing party.
- 7Guard members called up by the governor should say which authority ordered them. A call to active service authorised by the governor under RCW 38.08.040 for more than thirty consecutive days is military service under this chapter.
- Form
- An application to the court, with a commanding officer’s letter
- File with
- The Washington court or agency hearing the matter
- No renewal
- Once granted it does not need renewing.
CorrectionThe state act does not set an interest-rate ceiling below the federal six percent. Every section of chapter 38.42 RCW was listed this session and the only interest provision, RCW 38.42.110, is about restructuring a business loan rate. What the state chapter adds is the enforcement route: because a federal-act violation is a state-chapter violation, the six percent cap can be pursued in a Washington court with costs and reasonable attorneys’ fees attached.
Worth knowingThe governor’s call-up is the difference that matters most here. A national guard member ordered to state active service by the governor for more than thirty consecutive days is inside the state definition of military service — a route that does not depend on a federal activation.
Worth knowingA dependant is protected in their own name, not through the member. A spouse being sued while the member is deployed can ask for the stay themselves, on the member’s commanding officer’s letter.
Known gapHow readily Washington courts grant the additional stay, and what they accept in place of a commanding officer’s letter, is a matter of practice and no published guidance on it was read this session.
Sources
- authority · statuteRCW 38.42.020 — applicability of chapter (any service member who is ordered to report for military service and his or her dependents are entitled to the rights and protections of this chapter during the period beginning on the date on which the service member receives the order and ending one hundred eighty days after termination of or release from military service; the chapter applies to any judicial or administrative proceeding commenced in any court or agency in Washington state in which a service member or his or her dependent is a party, and to civil asset forfeiture proceedings, but not to criminal proceedings; the chapter shall be construed liberally so as to provide fairness and do substantial justice to service members and their dependents)
- operating · statuteRCW 38.42.010 — definitions ("service member" means an active member of the United States armed forces, a member of a military reserve component, a member of the national guard who is either stationed in or a resident of Washington state, or a member of the United States public health service commissioned corps or national oceanic and atmospheric administration commissioned officer corps; "military service" means a call to active service authorized by the president of the United States or the secretary of defense for a period of more than thirty consecutive days, or a call to active service authorized by the governor under RCW 38.08.040 for a period of more than thirty consecutive days; "dependent" means the service member’s spouse, the service member’s minor child, or an individual for whom the service member provided more than one-half of the individual’s support for one hundred eighty days immediately preceding an application for relief)
- operating · statuteRCW 38.42.050 — protection of service members and their dependents against default judgments (the plaintiff must file an affidavit stating that the defendant is in military service or is a dependent, with supporting facts, or stating that the plaintiff is unable to determine whether the defendant is in military service; where military service is established the court must appoint an attorney to represent the defendant before entering judgment; the court may grant a stay of proceedings until one hundred eighty days after termination of or release from military service where appointed counsel cannot contact the defendant or determine whether a meritorious defense exists; a default judgment may be reopened during the service member’s period of military service or within one hundred eighty days after termination of or release from military service where the service member was materially affected by military service and has a meritorious defense)
- operating · statuteRCW 38.42.060 — stay of proceedings when service member has notice (on application the court shall stay proceedings until one hundred eighty days after termination of or release from military service, where the application contains a letter or other communication setting forth facts stating the manner in which current military duty requirements materially affect the service member’s or dependent’s ability to appear with a date when appearance will be available, and a letter or other communication from the commanding officer stating that current military duty prevents the appearance; an additional stay may be applied for on the same showing, and if the court refuses the additional stay it must appoint counsel to represent the service member or dependent)
- operating · statuteRCW 38.42.120 — federal servicemembers civil relief act, applicability (the federal servicemembers civil relief act of 2003, P.L. 108-189, as amended, is specifically declared to apply in proper cases in all the courts of this state; a violation of the federal servicemembers civil relief act of 2003 is a violation of this chapter); RCW 38.42.130 — civil action, person aggrieved (the court may grant any appropriate equitable or declaratory relief with respect to the violation and all other appropriate relief including monetary damages, and may award to a prevailing party the costs of the action including reasonable attorneys’ fees); RCW 38.42.900 — short title (this chapter may be known and cited as the Washington service members’ civil relief act)
This finder provides an informational match, not a government eligibility determination. The responsible agency decides your application.