[WSBARP] Service RCW 59.12.040 / HB 5160

[Paul Neumiller]

It just says the mail shall be deposited in the county.  So, that's what my process server's affidavit says.  NO mail mailed from Island County says Island County.  It ALL has a Seattle postmark.  Apparently the postal gods don't trust our local postmaster with a mail canceling machine.


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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kary Krismer
Sent: Tuesday, August 3, 2021 12:25 PM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Service RCW 59.12.040 / HB 5160


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
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