[WSBARP] UD Gurus

[Marcus Fry]

Paul:
The problem is that the statutory summons does not really set it out that way.  It has a section for a specified time and date to return the summons (see link).  However, the statute does say "substantially" but I rarely want to be a test case for something that 99% of UD attorneys do, which is to specify a date.
http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18.365

When giving instructions to a process server, I always give them a drop dead date to serve by and I calculate off the last day to serve for inputting the date into the summons.  For example, if I give the dx to the process server today and tell him to serve by 9/20, I count 7 days from the 20th.  Now as a practice tip, I often don't file the summons and complaint if I think we may have trouble serving.  That way I can easily amend the summons for purposes of serving without having to file multiple amended summonses.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
Adoption Attorney*
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Wednesday, September 16, 2015 4:24 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] UD Gurus

Does your Summons for an unlawful detainer set a date specific for a return date or can I just say that the return date is seven days from the date of service.  A problem arose because I put a specific date on my summons but the local sheriff didn't serve in time and there is less than 7 days left so I have to prepare a new summons for the sheriff to deliver (AND to add insult to injury, the sheriff wants to charge a new and additional service fee.)  So, I'm thinking to get around this problem, I just put that the return date is 7 days from the date of service, and then I find out the date of service and go in and get a default 7+ days later.  Does this work????
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