[WSBAPT] unfiled unlawful detainer

[Diane J. Kiepe]

So, there is something I think that is called "pocket service" in a lawsuit and I just know enough to know I would look into it more - here is a blurb below from online article Duty & The Breach  - Savitt Bruce & Willey -


In Washington, a party does not have to actually file a complaint in Superior Court to start a lawsuit and trigger the time period within which the defendant must respond.[1]<https://www.sbwllp.com/washingtons-pocket-service-rule-a-unique-and-useful-tool-for-certain-plaintiffs/#_ftn1>  Instead, a party can commence a lawsuit by serving a complaint and summons on the defendant.[2]<https://www.sbwllp.com/washingtons-pocket-service-rule-a-unique-and-useful-tool-for-certain-plaintiffs/#_ftn2>  This process is commonly called "pocket service."  It is different from the procedure in federal court and most state courts, where a party must file a complaint in court to commence a lawsuit.[3]<https://www.sbwllp.com/washingtons-pocket-service-rule-a-unique-and-useful-tool-for-certain-plaintiffs/#_ftn3>

Pocket service can be a useful tool for plaintiffs.  Because the complaint is not filed, it is not in the public record.  Thus, plaintiffs seeking an early resolution to their dispute while keeping the matter private may want to utilize pocket service and engage in early settlement discussions.


Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Roger Hawkes
Sent: Monday, June 13, 2022 9:45 AM
To: Roger Hawkes <Roger at law-hawks.com>; Probate and Trust Listserve <wsbapt at lists.wsbarppt.com>; wsajgeneralpractice at lists.washingtonjustice.org <wsajgeneralpractice at lists.membercentral.org>
Subject: [WSBAPT] unfiled unlawful detainer

Current client, long time friend, has been 'served' by posting of unlawful detainer action in commercial case.  The case is unfiled, per Odyssey.  Does that mean he does not need to reply yet?  I am unsure if unlawful detainer can be filed last minute before hearing and still be effective?

Roger Hawkes, WSBA # 5173
Sky Valley Lawyers, PLLC
Physical Address: 423 Main Street
Mailing Address:   Box 351
Both in Sultan, WA 98294
Phone 360 799 6438
Email: roger at skyvalleylawyers.com<mailto:roger at skyvalleylawyers.com>

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