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"service by publication" WA state requirements?

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Latest post Thu, Apr 14 2016 7:32 AM by mkahler. 21 replies.
  • Fri, Feb 19 2016 11:02 AM In reply to

    • mkahler
      Consumer
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    • Joined on Wed, Feb 17 2016
    • WA
    • Posts 11

    Re: "service by publication" WA state requirements?

    I don't want to reveal or disclose too much information here, but lets just say the line of work could only place him somewhere within a 100 mile radius, and that location is likely to change by the minute.  No pre-set scheduled work hours. Perfect for him.  The service companies I've spoken with operate and charge "per address", so trying to serve "in the field" in this case is nearly impossible.

    Remind me though....if this person was approached by service company, and contact was made and identity confirmed (e.g., "are you john doe?"), need the person only hand the document to him, or is a signature from him required?

    If verbal identification and handing the document over is all that is required....it makes me think of a means he could be coalesced into presenting himself :)

     

  • Fri, Feb 19 2016 12:08 PM In reply to

    Re: "service by publication" WA state requirements?

    mkahler:
    need the person only hand the document to him, or is a signature from him required?

    As I understand the statute, the defendant's signature is only required on the Post Office return receipt form, and only if you serve him by certified mail with return receipt requested.  For in-person service, the process server only needs to be successful in giving him the documents, and must then file with the court an affidavit of service signed by the process server (not by the defendant).

    mkahler:
    If verbal identification and handing the document over is all that is required....it makes me think of a means he could be coalesced into presenting himself :)

    I'd guess it's up to the process server what evidence of the defendant's identity they consider sufficient so they feel comfortable signing the affidavit, in which they promise the court that they have succeeded in serving the correct person.

    BTW, RCW 4.28.080(17) doesn't require personal service on the defendant or a signed return receipt.  Instead, as I understand it, your process server (or a friend willing to sign an affidavit of service and take the risk of possibly having to show up in court) could arrange to meet the property manager of the defendant's apartment complex at the doorstep of his unit and give that person the documents, after which you'd have to mail the documents to him as well, but only by first class mail.

  • Fri, Feb 19 2016 12:26 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    Re: "service by publication" WA state requirements?

    The complex manager is not a resident of the unit....will likely lose that point.......service upon any adult appearing to live in unit is probably good.

    Having a buddy find him 100 miles away and cram it in his hand ..and showing up to testify to same and completing the appropriate paperwork is probably good .



  • Fri, Feb 19 2016 1:04 PM In reply to

    • mkahler
      Consumer
    • Not Ranked
    • Joined on Wed, Feb 17 2016
    • WA
    • Posts 11

    Re: "service by publication" WA state requirements?

    There is special RCW allowance for delivery to apartment manager etc, referred to as "proprietor"

    http://app.leg.wa.gov/RCW/default.aspx?cite=4.28.080

    (17) In lieu of service under subsection (16) of this section, where the person cannot with reasonable diligence be served as described, the summons may be served as provided in this subsection, and shall be deemed complete on the tenth day after the required mailing: By leaving a copy at his or her usual mailing address with a person of suitable age and discretion who is a resident, proprietor, or agent thereof, and by thereafter mailing a copy by first-class mail, postage prepaid, to the person to be served at his or her usual mailing address. For the purposes of this subsection, "usual mailing address" does not include a United States postal service post office box or the person's place of employment.

    However, this is moot point for me now - have already obtained permission to go with publication.

    could have - should have - would have.

     

  • Fri, Feb 19 2016 2:23 PM In reply to

    Re: "service by publication" WA state requirements?

    Just because the judge gave permission does not mean you are stuck doing service by publication.  If you can serve him through his employer or apartment manager, you are still free to do so and it would be cheaper.

  • Fri, Feb 19 2016 3:31 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    Re: "service by publication" WA state requirements?

    Before Its assumed an apartment complex manager counted Id double check ....relative to the person being served at his residence  does not seem to me the complex manager  is a resident of that unit, the propietor of that unit , or the residents agent ...AND DETAILS MAY MATTER.M



  • Thu, Apr 14 2016 7:32 AM In reply to

    • mkahler
      Consumer
    • Not Ranked
    • Joined on Wed, Feb 17 2016
    • WA
    • Posts 11

    Re: "service by publication" WA state requirements?

    Follow-up and conclusion.  I did make the publication for 6 weeks as prescribed in 4.28.110.

    In the hearing, I presented the affidavit of publication as proof of service.  The judge reviewed it for a bit, then mentioned "I just need to confirm it was published two times".  Of course the affidavit listed all 6 dates the notice was published.  She accepted it as proof and service, and I was awarded judgement (the defendant was a no-show).

    I'd sure like to know where that "published twice" requirement is documented.

     

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