Wa First 30 Days

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name: wa-first-30-days description: > Use this skill when a Washington defendant has just been served with a civil summons and complaint in any subject-matter case and the answer window is running. Triggers include "I was just served", "summons and complaint", "what do I do first", "deadline to answer", "answer the complaint", "affirmative defenses checklist", "counterclaim planning", "CR 12", "CRLJ 12", "motion to dismiss or answer". Covers the matter-neutral from-service-through-answer window: CR 12 / CRLJ 12 response deadline, motion-to-dismiss vs. answer triage, affirmative-defenses checklist, counterclaim mechanics, compulsory-counterclaim analysis, evidence preservation, and initial discovery planning. version: 0.3.2

The First 30 Days — From Service Through Answer

Most pro se defendants lose their case in the first 30 days — by missing the answer deadline, by filing a defective answer, or by failing to preserve the affirmative defenses and counterclaims that would have saved them. This skill covers the matter-neutral window from service of the summons and complaint through filing a compliant answer or motion to dismiss, and sets up the discovery posture for rounds 2 and 3.

For subject-matter-specific substantive guidance (fact patterns, specific affirmative defenses, statutory counterclaims), compose with the relevant subject-matter skill:

• Consumer-debt cases → wa-consumer-debt
• (Future: landlord-tenant, family, personal injury, etc.)

Inputs to gather

Ask the user (use the AskUserQuestion tool for anything not clear):

1. Case name and cause number — parties, court, cause number format (KCDC is \d{2}CIV\d{6}KCX; KCSC differs; verify).
2. Subject matter — contract, tort, consumer debt, landlord-tenant, family, etc. Determines which subject-matter skill to compose with.
3. Date served — exact date; needed for deadline math.
4. Method of service — personal, abode, substituted, publication (affects validity and excusable-neglect analysis).
5. Is the user's address on the summons current? — bears on whether the user is likely to miss future mailings.
6. What's attached to the complaint — contracts, records, declarations, exhibits, schedules. Scan the attachments for subject-matter pattern matching (delegate to the relevant subject-matter skill).
7. Is a default already entered? — if yes, this skill is not the right starting point; hand off to wa-post-judgment for a CR 60 / CRLJ 60 motion to vacate.
8. Plaintiff identity — individual, corporation, debt buyer, governmental, etc. Subject-matter skills may have specific checks (licensing, capacity, authority to sue).
9. Prior communications — any letters, calls, notices, demands, or negotiations.

Step 1 — Compute the deadline (via wa-deadlines)

The answer window depends on the court (superior vs. district), the method of service (personal vs. mail vs. out-of-state vs. publication), and the current court-rule text. Do not embed specific day counts here — wa-deadlines plus scripts/case-calendar.py carry the current values; the rule text lives in wa-law-references/references/court-rules/CR.md and CRLJ.md.

Hand off to wa-deadlines with the date of service and the court / method of service. The deadlines skill returns the specific date and a court-day vs. calendar-day breakdown. Surface the deadline in boldface to the user; create a calendar entry.

Critical: the answer deadline is not a "respond sometime" window. A late answer entitles the plaintiff to move for default. If the user is already late:

• Within the day — file today; contemporaneous or next-day answers are commonly accepted without default.
• A few days late but no default yet — file the answer immediately; the plaintiff may or may not challenge timeliness.
• Default entered — hand off to wa-post-judgment for CR 60 / CRLJ 60 motion to vacate.

Step 2 — Subject-matter pattern recognition

Read the complaint and attachments. If the case is a recognized subject matter with a dedicated skill, hand off that reading to the subject-matter skill for fact-pattern triage:

• Consumer-debt → wa-consumer-debt/SKILL.md and its references/fact-patterns.md
• (Future bundles plug in here.)

The pattern is informational — it maps to the procedural options the rules make available: (a) the choice between an MTD and an answer, (b) the affirmative defenses that fit the pattern, (c) the counterclaims the pattern raises, and (d) the discovery the pattern points toward. Which of these the litigant pursues remains the litigant's decision (and any counsel the litigant retains).

If no subject-matter skill applies, proceed with the general triage below.

Step 3 — Motion to dismiss vs. answer (the triage)

Two paths from here.

Motion to dismiss under CR 12(b)(6) / CRLJ 12(b)(6)

File if the complaint, taken as true:

• Does not state a claim (element missing on the face of the pleading)
• Is time-barred on the face of the pleading (SOL apparent from alleged dates)
• Lacks specificity required to put the defendant on notice
• Fails for subject-matter-specific reasons (consult the subject-matter skill — e.g., for a debt-buyer case, a missing assignment allegation)

Risk of MTD: the court takes allegations as true at this stage. If the complaint is facially sufficient but weak, MTD will be denied — and the user has used their first motion without advancing. Prefer MTD only where the facial defect is real.

If choosing MTD, also file an answer within the CR 12 window as a backstop unless the MTD stays the response deadline (some jurisdictions; verify against current rule text and local rules).

Hand off to wa-draft-motion with motion type = motion-to-dismiss.

Answer + affirmative defenses + counterclaim

The more common path. File a compliant answer that:

1. Admits, denies, or states lack of knowledge for each numbered allegation (CR 8(b) / CRLJ 8(b)).
2. Preserves every available affirmative defense (CR 8(c) / CRLJ 8(c)).
3. Pleads counterclaims where the facts support them (compulsory vs. permissive — see below).

Affirmative defenses — general checklist

Plead every one that fits; unpleaded defenses are waived. Matter-neutral defenses to consider in any civil case:

• Statute of limitations (applicable RCW 4.16 section depends on the claim)
• Lack of standing (CR 17(a), real-party-in-interest)
• Lack of capacity to sue (corporate registration, licensing where required by subject-matter statute)
• Failure to state a claim (CR 12(b)(6), preserved for later motion)
• Lack of personal jurisdiction (only if service was defective — verify before pleading)
• Improper service (similarly, only if documented)
• Lack of subject-matter jurisdiction (rare in civil; watch for amount-in-controversy in KCDC)
• Waiver / estoppel / laches (fact-specific)
• Accord and satisfaction (if any settlement was reached)
• Payment (if any part paid)
• Set-off (if plaintiff owes defendant on another claim)
• Release (if any release was signed)
• Statute of frauds (if applicable to the claim type)
• Reservation: "Defendant reserves the right to assert additional affirmative defenses as discovery reveals facts supporting them."

Subject-matter-specific defenses layer on top of this checklist. For debt-buyer cases, add the defenses listed in wa-consumer-debt/SKILL.md (RCW 19.16.110 licensing, failure of consideration under Article 9, unclean hands / FDCPA, etc.).

Counterclaims — compulsory vs. permissive

Compulsory counterclaims (CR 13(a) / CRLJ 13(a)) — a claim arising out of the same transaction or occurrence as the plaintiff's claim. Must be pleaded with the answer or is waived.

Permissive counterclaims (CR 13(b) / CRLJ 13(b)) — any other claim the defendant has against the plaintiff. May be pleaded in the answer or in a separate action.

Before filing, ask:

1. Is there a claim back? Does the defendant have any civil claim against the plaintiff?
2. Is it compulsory? Does it arise from the same transaction? If yes, plead it now or lose it.
3. Is it time-barred? Some counterclaims have short SOLs (e.g., FDCPA 1-year). Compulsory-counterclaim analysis may be the only thing that revives an otherwise stale claim.
4. Does it add a party? If yes, consult CR 13(h) / CR 19 joinder rules.
5. Does it survive jurisdictionally? If pleaded in KCDC, the counterclaim amount cannot exceed the district court jurisdictional limit (RCW 3.66.020); consider transfer to superior court if it does.

Subject-matter skills (e.g., wa-consumer-debt) supply the menu of counterclaims typically available in that subject matter.

Prayer for relief — plead every category of recovery the claim supports: dismissal of the complaint, actual damages, statutory damages, treble damages (where available by statute), attorney fees (see wa-law-references/references/fees-and-costs.md for every applicable ground), costs, and such further relief as the court deems just.

Hand off to wa-draft-declaration for a verification / declaration and wa-draft-motion (or wa-draft-note + file-packet flow) for the answer-and-counterclaim packet.

Step 4 — Evidence preservation

Inform the user of their obligation to preserve:

• Every document relating to the transaction or occurrence (agreements, records, statements, letters, emails)
• Electronic records (texts, voicemails, call logs, metadata)
• Third-party records that the defendant can obtain (bank statements, employer records, medical records, credit-bureau reports, etc.)

Do not destroy anything, even documents the user thinks are harmful — spoliation is worse than any bad document. Litigation hold should attach the moment the defendant reasonably anticipates litigation.

Step 5 — Opening discovery plan (don't serve yet)

Line up — but do not serve — Round 1 of discovery. Timing:

• Cannot serve before the answer is filed (limits under CR 26(d) and CRLJ 26).
• Can serve with the answer or shortly after.
• Response window starts on service (current day count per CR 33/34/36 — see wa-deadlines).

Prepare (via wa-discovery):

• 10–15 RFPs targeting the threshold / foundational elements of the plaintiff's claim.
• 5–8 interrogatories identifying witnesses, document custodians, and key computations.
• 5–8 RFAs narrowing issues (deemed admitted if not answered within the response window — a powerful lever).

Subject-matter skills supply the specific request banks (e.g., wa-consumer-debt/references/rfp-debt-buyer.md).

Hold for service on a day tied to a calendar plan — do not serve all discovery at once on day 1; stagger by round (see wa-discovery/SKILL.md for the general cadence).

Step 6 — Counterclaim preparation

Before pleading a counterclaim, verify its elements and preservation window. Some subject-matter statutes (FDCPA, FCRA, CPA) have specific notice requirements or short SOLs. Compose with the subject-matter skill to confirm:

• Are the elements adequately pleaded on the facts available?
• Is a pre-suit notice required (e.g., under a specific statute)?
• Are there compulsory-counterclaim issues if the claim is not pleaded now?
• Does the counterclaim require any verification or declaration?

Pro se note: any correspondence with the plaintiff goes into the evidentiary record. Write as if a judge will read it.

Step 7 — Assemble and file the answer packet

Hand off to wa-file-packet with components:

• Answer and affirmative defenses
• Counterclaim (if pleading one)
• Certificate of service
• Note (only if the defendant needs a hearing at this stage — usually not)
• Not the discovery yet — hold for after filing

For KCDC, the clerk-issued-date rule applies to hearings, not to the answer itself. Answers are filed through the KCDC e-filing portal; no hearing reservation needed for an answer.

Before filing, run wa-fact-check on the packet. Stray citations in an answer can undercut a user's credibility for the rest of the case.

Step 8 — Calendar the next 60 days

Set reminders for:

• Day of filing: answer filed, CoS filed, service on opposing counsel completed
• Day +1: confirm plaintiff received the answer (email delivery receipt or certificate)
• Day +7 to +14: serve Round 1 discovery
• Day +37 to +44 (30 + 3 mailing + small buffer): track plaintiff's discovery response
• Day +30: review plaintiff's answer to counterclaims (if timely filed); note any deemed admissions on RFAs
• Day +60: assess whether meet-and-confer + motion to compel is warranted; hand off to wa-discovery

Common pitfalls

• Filing a general denial — CR 8(b) / CRLJ 8(b) require paragraph-by-paragraph response; a general denial admits allegations the defendant failed to specifically deny.
• Failing to plead affirmative defenses — each unpleaded defense is waived under CR 8(c) / CRLJ 8(c).
• Filing an answer that includes substantive admissions — pro se answers sometimes recite facts the defendant thinks "strengthen" their case; avoid, unless the fact is undisputed and necessary.
• Ignoring the compulsory-counterclaim analysis — a transaction-or-occurrence counterclaim not pleaded with the answer may be barred by res judicata in a later action.
• Filing too much too early — discovery served with the answer often produces a generic objection-fest; better to serve after a day or two of reflection and after reading plaintiff's exact attachments.
• Forgetting to plead fees — "Defendant prays for reasonable attorney fees under [every applicable ground — see wa-law-references/references/fees-and-costs.md]."
• Skipping the subject-matter skill — on a debt-buyer complaint, failing to compose with wa-consumer-debt will miss the FDCPA counterclaim, the RCW 19.16.110 licensing defense, the chain-of-title discovery, and the fact-pattern triage.

Deliverables

End of this skill's run, the user should have:

• A calendared answer deadline (via wa-deadlines)
• A subject-matter classification and (if applicable) a pattern match via the subject-matter skill
• A decision: motion to dismiss vs. answer, with reasoning
• A drafted answer with affirmative defenses and (if applicable) counterclaim (via wa-draft-motion / wa-draft-declaration)
• A drafted Certificate of Service
• An assembled filing packet (via wa-file-packet)
• A fact-check pass (via wa-fact-check)
• A discovery plan for Rounds 1–3 (via wa-discovery), unfiled, queued for service
• A 60-day forward calendar

Notes

• Respond by the deadline. Every other decision can be corrected; missing the deadline often cannot.
• Do not have substantive conversations with opposing counsel without a plan. Any admissions made orally become evidence; any settlement discussion should be in writing.
• Keep a case journal from day one — date, event, document — with every phone call, letter, and email logged. The journal is itself admissible as a present-sense impression / business record for the declaration later.
• Not legal advice. This skill orchestrates draft generation; the user is responsible for every word filed and is encouraged to consult a licensed attorney for the decisive calls.