[WSBARP] Service RCW 59.12.040 / HB 5160

[Kaitlyn Jackson]

That is correct. And I have heard of cases where HJP has made an argument
that notice is invalid if the Declaration of Service does not specifically
state that the Notice was mailed from that county.

On Tue, Aug 3, 2021 at 10:39 AM Britt Donoho <britt at hbjlaw.com> wrote:

> An issue just popped up that has me mildly puzzled that I would like
> thoughts.
>
>
>
> RCW 59.12.040 Service of Notice – Proof of Service
>
>
>
> The last few sentences outline the affidavit requirements, the relevant
> parts state:
>
>
>
> Proof of any service under this section may be made by the affidavit of
> the person making the same in like manner and with like effect as the proof
> of service of summons in civil actions. When a copy of notice is sent
> through the mail, as provided in this section, *service shall be deemed
> complete when such copy is deposited in the United States mail in the
> county in which the property is situated* properly addressed with postage
> prepaid: PROVIDED, HOWEVER, That when service is made by mail one
> additional day shall be allowed before the commencement of an action based
> upon such notice. RCW 59.18.375 may also apply to notice given under this
> chapter. (*emphasis added)*
>
>
>
> I am reading this to mean, if you are mailing a notice to an individual in
> Pierce County, you must mail it from the Pierce County post office. This
> seems slightly preposterous but that is how I am interpreting this.
>
>
>
> Any thoughts on this would be appreciated.
>
>
>
> Sincerely,
>
>
>
> *Britt Donoho, Attorney *
>
> Jack W. Hanemann, P.S.
>
> 2120 State Ave. NE, Suite 101
>
> Olympia, WA 98506
> Phone: (360) 357-3501
>
> Fax: (360) 357-2299
>
> www.hbjlaw.com
>
> *britt at hbjlaw.com <britt at hbjlaw.com>*
>
>
>
>
>
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-- 
Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: *206.973.3500 *| f: *206.577.5090*| e: *kaitlyn at dimensionlaw.com*|
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