[WSBARP] Service by Posting under RCW 59.12.040

[Jeff at bellanddavispllc.com]

Thank you for this information; its what I thought.  However, client went
ahead with posting and mailing.  If I have the process server now attempt
personal service, assuming they can't get personal service, is the old
posting and mailing valid?

 

JEff

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Maxwell Glasson
Sent: Monday, April 12, 2021 2:49 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Service by Posting under RCW 59.12.040

 

Jeff - To tag on to this, you would have the server attempt to serve by
knocking, and if there is no answer or a refusal to answer the door, then
have them post and mail.  The attempts do not need to be on different days.


 

Deric - Which counties have stayed execution on Writs?  I have had no issues
with King and Pierce counties.  Do you mean only on cases where the CDC
moratorium is brought as a defense to the evictions?

 

Maxwell B. Glasson 

Glasson Legal, PLLC 

2212 Queen Anne Ave. N, #659

Seattle, Washington, 98109

206-627-0528

 <mailto:max at glassonlegal.com> max at glassonlegal.com

 <http://www.glassonlegal.com/> www.glassonlegal.com 

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From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of Deric Young
Sent: Monday, April 12, 2021 2:40 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Service by Posting under RCW 59.12.040

 

No, personal service must first be attempted.  RCW 59.12.040 also states:
". . .or (2) if he or she be absent . . . or (3) if the person . . ."

 

Also, in my opinion, the 60 day notice is not unlike the 20 day notice under
RCW 59.12.030 in the sense that it is not literally 20 days, it just must be
served at least 20 days in advance of the end of the term, which with most
month to month tenancies is the last day of the month.

 

Also, be aware that the Supreme Court has stayed execution on writs of
restitution  in at least three counties to allow them to consider whether
the CDC moratorium preempts the governor's order with respect to 60 day
notices.  However, the CDC moratorium does not prevent you from serving
notices or commencing unlawful detainer actions.

 

Deric N. Young, Attorney at Law

Jack W. Hanemann, P.S.

2120 State Ave N.E., Suite 101

Olympia, Washington  98506

Phone: (360) 357-3501

Fax: (360) 357-2299

Email:  deric at hbjlaw.com <mailto:deric at hbjlaw.com> 

 

This e-mail message and any attachments are confidential and may be
privileged.  If you are not the intended recipient, please notify
deric at hbjlaw.com <mailto:deric at hbjlaw.com>  immediately by replying to this
message and destroy all copies of this message including all attachments.

 

From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of
Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com> 
Sent: Monday, April 12, 2021 2:22 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: [WSBARP] Service by Posting under RCW 59.12.040

 

Listmates,

 

Is the posting and mailing, under RCW 59.12.040, of a 60-day notice to
vacate based upon the property sale, allowed without first attempting to
personally serve the tenant?  That statute starts out by "Any notice
provided for in this chapter shall be served either . . . ?

 

Jeff Davis

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