[WSBARP] Sheriff's Incomplete Service of Process

[Paul Neumiller]

Thanks to all who answered.  After I posted my question, the Sheriff went back and served two copies, will not charge my client, and the office apologizes.  Gotta love practice in a small county where I try to be cordial with everyone.  Caused a delay but my client understands and we are going to wait the new 20 days before I (hopefully) go back in to court for the default.


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From: Harbor Appeals and Law <office at harborappeals.com>
Sent: Saturday, August 26, 2023 7:44 PM
To: Paul Neumiller <pneumiller at hotmail.com>; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: RE: Sheriff's Incomplete Service of Process

I'd post and mail to the vacant land's address. ... 59.12.040 just says to mail and post. It's silent on the mail getting there. Or have the landlord put up a mailbox on the property? Lol

Best,

Drew


Drew Mazzeo
Attorney at Law
Harbor Appeals and Law, PLLC
3510 53rd Street, Gig Harbor, WA 98335
Phone:  (360) 539-7156
Fax:  (360) 539-7205
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From: ll_atty at googlegroups.com<mailto:ll_atty at googlegroups.com> <ll_atty at googlegroups.com<mailto:ll_atty at googlegroups.com>> On Behalf Of Paul Neumiller
Sent: Wednesday, August 23, 2023 3:04 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Sheriff's Incomplete Service of Process

Listmates, how risky is it for me to proceed?  Client has a homeless encampment on vacant land.  We know the main squatter so I prepared a summons and complaint for ejectment and listed the squatter's name and "All Other Occupants" in the masthead.   I delivered TWO copies of the S&C to the local sheriff's office with the instructions to serve the TWO copies on the named squatter.  The sheriff's office misread my letter of instructions (and now apologizes) and served only ONE copy of the S&C on the named squatter.  After discovery of the error, and it is now three weeks later, the sheriff's office still can't find the named squatter on the vacant lot to serve the second set of S&C.   The squatter's 20 days to respond have expired a couple of weeks ago and I can bring a motion for a default against the named squatter.  What is the most likely outcome if I attempt to take a default against the named squatter and all other occupants?  Who has standing to object that a second copy of the S&C for the "all other occupants" was not served?  Many thanks for your guidance.


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