He contended he had never been served with a summons and complaint in the lawsuit, and the trial court had a nondiscretionary duty to vacate a void judgment. Leber moved to vacate the default order and judgment within a matter of weeks of learning of the intent to garnish. Leber was present when this happened but averred, based on “reason to believe,” that the dog was “kept, harbored, owned and/or resided” with Mr. The dog bit his face, causing severe lacerations of his nose and lip. Jones sustained the damages in October 2011 when he went to pet a dog that was on a leash being held by Ms.

Caleb Jones’s 2014 lawsuit, which named Deborah Howe and William Leber as defendants, was for damages sustained by Mr. Leber, who claims to have previously been unaware of any lawsuit, promptly retained a lawyer. The law firm, on behalf of plaintiff Caleb Jones, sought to garnish that amount plus interest, attorney fees and costs. Leber six and a half years earlier, in January 2014, in the principal amount of $155,670.50. application for a writ of garnishment was based on a judgment evidently taken against Mr. FACTS AND PROCEDURAL BACKGROUND In September 2020, William Leber received a certified letter from a law firm that informed him the firm had applied for a writ of garnishment of his assets. We find no abuse of discretion and affirm. Jones would suffer a substantial hardship if the judgment was vacated. Leber acted with due diligence after notice of the default judgment and whether Mr. He also contends the trial court misapplied the equitable factors of whether Mr. Leber’s failure to timely appear and respond was excusable. Leber demonstrated a prima facie defense to his claim and in finding that Mr. He contends the trial court abused its discretion in finding that Mr. Caleb Jones appeals the vacating of a default order and judgment he obtained against defendant William Leber in January 2014. 38541-8-III UNPUBLISHED OPINION SIDDOWAY, C.J. HOWE, an individual and WILLIAM LEBER, an individual, Respondents. FILED JIn the Office of the Clerk of Court WA State Court of Appeals, Division III IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION THREE CALEB J.

Deborah howe