[WSBARP] Returned "served by mail" pleadings
Kaitlyn Jackson
kaitlyn at dimensionlaw.com
Thu Jul 21 16:40:40 PDT 2022
RCW 59.18.055 allows service by alternative method by posting and mailing
*without *filing the case and a formal motion for alternative service. It
applies to RCw 59.20 as well.
See below -
*RCW 59.18.055 Notice—Alternative procedure—Court's jurisdiction
limited—Application to chapter 59.20 RCW*.
(1) When the landlord, after the exercise of due diligence, is unable to
personally serve the summons on the tenant, the landlord may use the
alternative means of service as follows:* (a) The summons and complaint
shall be posted in a conspicuous place on the premises unlawfully held, not
less than nine days from the return date stated in the summons; and (b)
Copies of the summons and complaint shall be deposited in the mail, postage
prepaid, by both regular mail and certified mail directed to the tenant's
or tenants' last known address not less than nine days from the return date
stated in the summons.*
(2) When service on the tenant or tenants is accomplished by this
alternative procedure, the court's jurisdiction is limited to restoring
possession of the premises to the landlord and no money judgment may be
entered against the tenant or tenants until such time as jurisdiction over
the tenant or tenants is obtained.
(3) Before the entry of any judgment or issuance of a writ of restitution
due to the tenant's failure to appear, the landlord shall provide the court
with a declaration from the person or persons who served the tenant that
describes the service achieved, and if by alternative service pursuant to
this section, that describes the efforts at personal service before
alternative service was used and a declaration from the landlord stating
his or her belief that the tenant cannot be found.
(4) For the purposes of subsection (1) of this section, the exercise of due
diligence is met if the landlord attempts personal service on the tenant at
least three times over not less than two days and at different times of the
day.
*(5) This section shall apply to this chapter and chapter 59.20 RCW. *
[2019 c 356 § 11; 1997 c 86 § 1; 1989 c 342 § 14.] Intent—2019 c 356: See
note following RCW 59.12.030.
*Sent with Right Inbox <https://www.rightinbox.com/?utm_source=signature>*
On Thu, Jul 21, 2022 at 3:41 PM <Jeff at bellanddavispllc.com> wrote:
> We always attempt, at least three times, to serve personally. You need to
> do that before seeking an order for alternate service. When personal
> service fails, we obtain an order to serve by mail under CR 4(d)(4), RCW
> 4.28.100 and .110. I did not see any “how to serve” the summons and
> complaint in RCW 59.18. I use RCW 59.12.040 for serving the 14 day notice
> to pay or vacate. RCW 59.12.080 says the summons must be served and
> returned in the same manner as summons in other actions is served and
> returned. If you see any service rules of original process in 59.18, let
> me know. All these statutes are so intertwined now it makes your head spin.
>
>
>
> Jeff
>
>
>
> *W. Jeff Davis*
>
> *BELL & DAVIS PLLC*
> P.O. Box 510
>
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129
> Fax: (360) 683.1258
> email: jeff at bellanddavispllc.com
> www.bellanddavispllc.com
>
> The information contained in this e-mail message may be privileged,
> confidential, and protected from disclosure. If you are not the intended
> recipient, any dissemination, distribution, or copying is strictly
> prohibited. If you think that you have received this e-mail message in
> error, please e-mail the sender at info at bellanddavispllc.com or call
> 360.683.1129.
>
>
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Kaitlyn Jackson
> *Sent:* Thursday, July 21, 2022 3:23 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Returned "served by mail" pleadings
>
>
>
> I think you have to serve by alternative service method which requires 3
> attempts at personal service and then when personal service cannot be
> achieved on the 4th attempt the Summons and Complaint can be served by
> posting in a conspicuous place on the property and mailing - I think this
> option is baked into RCW 59.18 which has some overlap with RCW 59.20. But
> maybe 59.20 is different in this respect from RCW 59.18.
>
> If the court ordered you to serve by mail - then you should follow their
> instructions but I would also follow the statute on alternative service in
> 59.18 or 59.20 (if one exists).
>
>
>
> Kaitlyn
>
> *Sent with Right Inbox <https://www.rightinbox.com/?utm_source=signature>*
>
>
>
>
>
> On Thu, Jul 21, 2022 at 3:00 PM <Jeff at bellanddavispllc.com> wrote:
>
> Kaitlyn,
>
>
>
> It’s a residential (RV Park) eviction. I am only serving the Summons and
> Complaint by both regular and certified mail. We served the 14 notice by
> posting and mail (after we could not get personal service) and that notice
> did not come back. This is a professional bad tenant.
>
>
>
> Jeff
>
>
>
> *W. Jeff Davis*
>
> *BELL & DAVIS PLLC*
> P.O. Box 510
>
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129
> Fax: (360) 683.1258
> email: jeff at bellanddavispllc.com
> www.bellanddavispllc.com
>
> The information contained in this e-mail message may be privileged,
> confidential, and protected from disclosure. If you are not the intended
> recipient, any dissemination, distribution, or copying is strictly
> prohibited. If you think that you have received this e-mail message in
> error, please e-mail the sender at info at bellanddavispllc.com or call
> 360.683.1129.
>
>
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Kaitlyn Jackson
> *Sent:* Wednesday, July 20, 2022 4:29 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Returned "served by mail" pleadings
>
>
>
> Commercial or Residential?
>
>
>
> Did you post and mail? Or just mail? Serving the lawsuit or the order to
> show cause?
>
> *Sent with Right Inbox <https://www.rightinbox.com/?utm_source=signature>*
>
>
>
>
>
> On Wed, Jul 20, 2022 at 4:23 PM Maxwell Glasson <max at glassonlegal.com>
> wrote:
>
> If you complied with the Statute and the Order, I could see no argument
> being raised other than if the address was incorrect.
>
>
>
> I have not had any issues with still obtaining the writ in similar
> situations so long as the address was correct.
>
>
>
> Regards,
>
>
>
> Maxwell B. Glasson
>
> *Glasson Legal, PLLC*
>
> 8 Boston Street, Suite 2
>
> Seattle, Washington, 98109
>
> (206) 627-0528
>
> max at glassonlegal.com
>
> www.glassonlegal.com
>
> *WA# 51948 NV# 13339 CA# 292356*
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *
> Jeff at bellanddavispllc.com
> *Sent:* Wednesday, July 20, 2022 3:52 PM
> *To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] Returned "served by mail" pleadings
>
>
>
> Listmates:
>
>
>
> UDA. Tenant avoided personal service so we obtained an order to serve by
> mail. Tenant refuses to pick up mail so the mailings are returned. I
> assume by mailing the pleadings pursuant to the court order, and statute,
> it is still good service even if the tenant causes the mailings to be
> returned. I don’t see how publication would do any good as the Tenant
> probably doesn’t read the local newspaper. Have any of you run into this;
> were service issues raised?
>
>
>
> Jeff
>
>
>
>
>
>
>
> *W. Jeff Davis*
>
> *BELL & DAVIS PLLC*
> P.O. Box 510
>
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129
> Fax: (360) 683.1258
> email: jeff at bellanddavispllc.com
> www.bellanddavispllc.com
>
> The information contained in this e-mail message may be privileged,
> confidential, and protected from disclosure. If you are not the intended
> recipient, any dissemination, distribution, or copying is strictly
> prohibited. If you think that you have received this e-mail message in
> error, please e-mail the sender at info at bellanddavispllc.com or call
> 360.683.1129.
>
>
>
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not
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> --
>
> Thank you,
>
>
>
> Kaitlyn R. Jackson, Senior Associate Attorney
>
> Dimension Law Group, PLLC
>
> *Office:* 206-973-3500│*Fax:* 206-577-5090
>
> *Email: **kaitlyn at dimensionlaw.com <http://dimensionlaw.com/>*
>
> *www.dimensionlaw.com <http://www.dimensionlaw.com/>*
>
> 130 Andover Park East, Suite 300, Tukwila, WA 98188
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> --
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> Thank you,
>
>
>
> Kaitlyn R. Jackson, Senior Associate Attorney
>
> Dimension Law Group, PLLC
>
> *Office:* 206-973-3500│*Fax:* 206-577-5090
>
> *Email: **kaitlyn at dimensionlaw.com <http://dimensionlaw.com/>*
>
> *www.dimensionlaw.com <http://www.dimensionlaw.com/>*
>
> 130 Andover Park East, Suite 300, Tukwila, WA 98188
>
>
>
> *PLEASE NOTE THAT I WILL BE OUT OF THE OFFICE *
>
> *JULY 11-15, 2022 with limited access to email. *
>
>
>
> PRIVILEGED AND CONFIDENTIAL: This email (including any attachments) is
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> contain privileged or confidential information. If you are not the intended
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> return the e-mail to us at the e-mail address below; and destroy all paper
> and electronic copies. Any settlement offer contained herein is made
> pursuant to Washington ER 408, and without admitting fault or liability on
> the part of this firm’s client(s) or its agents. IRS CIRCULAR 230
> DISCLAIMER: To ensure compliance with requirements imposed by the IRS, I
> inform you that any U.S. tax advice contained in this communication
> (including any attachments) is not intended or written to be used, and
> cannot be used, for the purpose of (i) avoiding penalties under the
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--
Thank you,
Kaitlyn R. Jackson, Senior Associate Attorney
Dimension Law Group, PLLC
*Office:* 206-973-3500│*Fax:* 206-577-5090
*Email: **kaitlyn**@dimensionlaw.com <http://dimensionlaw.com/>*
*www.dimensionlaw.com <http://www.dimensionlaw.com/>*
130 Andover Park East, Suite 300, Tukwila, WA 98188
*PLEASE NOTE THAT I WILL BE OUT OF THE OFFICE *
*JULY 11-15, 2022 with limited access to email. *
PRIVILEGED AND CONFIDENTIAL: This email (including any attachments) is
intended only for the use of the individual or entity named above and may
contain privileged or confidential information. If you are not the intended
recipient, or the employee or agent responsible to deliver it to the
intended recipient, you are notified that any review, dissemination,
distribution or copying of this email is prohibited. If you have received
this email in error, please immediately notify us by email, facsimile, or
telephone; return the email to us at the email address below; and destroy
all paper and electronic copies.
--
PRIVILEGED AND CONFIDENTIAL: This e-mail (including any attachments) is
intended only for the use of the individual or entity named above and may
contain privileged or confidential information. If you are not the intended
recipient, or the employee or agent responsible to deliver it to the
intended recipient, you are notified that any review, dissemination,
distribution or copying of this e-mail is prohibited. Attempts to intercept
this message are in violation of 18 USC 2511(1) of the Electronic
Communications Privacy Act, which subjects the interceptor to fines,
imprisonment and/or civil damages. If you have received this e-mail in
error, please immediately notify us by e-mail, facsimile, or telephone;
return the e-mail to us at the e-mail address below; and destroy all paper
and electronic copies. Any settlement offer contained herein is made
pursuant to Washington ER 408, and without admitting fault or liability on
the part of this firm’s client(s) or its agents. IRS CIRCULAR 230
DISCLAIMER: To ensure compliance with requirements imposed by the IRS, I
inform you that any U.S. tax advice contained in this communication
(including any attachments) is not intended or written to be used, and
cannot be used, for the purpose of (i) avoiding penalties under the
Internal Revenue Code; or (ii) promoting, marketing or recommending to
another party any transaction or tax-related matter addressed herein.
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