Default or Summary Judgement?

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scottcap

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My jurisdiction is: Washington State

I, pro se, have filed a suit against an out-of-state defendant. The defendant (pro se) has filed a motion to dismiss based on lack of contact, no personal jurisdiction. I have filed a Notice of Issue for a hearing on the Motion to Dismiss and a court date has been set to hear the issue. I sent the Defendant the Notice of Issue and the proposed order to reject the Motion to Dismiss by USPS with mail confirmation. The Defendant has refused delivery of this paper work and in doing so is not now aware of the court date for the hearing because of the refusal to take delivery. When I appear the order will therefore be unopposed and with the affidavit showing that I did meet the court requirements in notifying the Defendant of the Notice of Issue the judge will most likely sign the order rejecting the Motion to Dismiss.

Now my question is this. is the Motion to Dismiss filed by the Defendant an answer to the law suit, if it is not can I move for a default judgment if the proper time has expired for answering the suit, considering that the clock on the time was stopped when she filed the Motion to Dismiss and starts again after the Order rejecting the Motion to Dismiss is signed. It looks like the Defendant (a crack addict) is just going to ignore the suit.

Which would be better in this situation to go for a Default Judgment or a Summary Judgment?

All knowledgeable replies would be appreciated.
 
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