[WSBARP] UD Gurus

[Paul Neumiller]

Marcus, thanks for the input.  I used the same method you use (didn't file
yet either) but still got caught up when the sheriff didn't serve in time
(to the sheriff's defense, they tried three times before the drop dead date.
But the sheriff also helped the guy before the drop dead date when the guy
ran out of gas on the side of the road but the sheriff didn't have the
paperwork in the sheriff's cruiser at the time).  The RCW for a regular
summons states that the defendant must answer within 20 days of service.  As
you have noted, the summons for a UD complaint must "state the names of the
parties to the proceeding, the court in which the same is brought, the
nature of the action, in concise terms, and the relief sought, and also the
return day;"

 

I was trying to creatively get around the specific "return day" issue. I
also decline to be the test case.

 

Paul Neumiller 

 

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Wednesday, September 16, 2015 4:42 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] UD Gurus

 

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>
[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 <mailto: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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