[WSBARP] Service RCW 59.12.040 / HB 5160

[Kary Krismer]

I wonder who's responsible for that drafting, and how many counties 
actually have their mail processed in the same county from which it was 
mailed?  I can see trying to have an in-state firm processing these 
things, but protecting at the county level seems a bit overboard.

Kary L. Krismer
206 723-2148

On 8/3/2021 10:36 AM, Britt Donoho 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 <http://www.hbjlaw.com>
>
> _britt at hbjlaw.com <mailto:britt at hbjlaw.com>_
>
> //
>
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