[WSBARP] Acceptance of Service by Non-Represented Parties

[Timothy Steen]

Dave,

For a straight QT, you may wish to "guild the lilly" in your acceptance of service by expressly calling out the acceptance of service via mail in lieu of service of process, include an express waiver of service of process, and include language that would satisfy requirements of a declaration.  Parties are free to engage in agreements to allow alternate forms of service and these additions would be helpful if the defaulted party later attempted to unwind the default claiming they did not understand, lacked counsel and consent, etc., etc.



Timothy E. Steen

Attorney | Anderson Hunter Law Firm

2707 Colby Avenue #1001 | Everett, WA  98201

P.  (425) 252-5161<tel:+14252525161> | D.  (425) 303-3125<tel:+14253033125> | F.  (425) 258-3345<tel:+14252583345>

tsteen at andersonhunterlaw.com<mailto:tsteen at andersonhunterlaw.com>| www.andersonhunterlaw.com<http://www.andersonhunterlaw.com/>



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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Dave Culbertson <dculbertson at culbertsonlawoffice.com>
Sent: Tuesday, February 13, 2024 10:44:21 AM
To: solo-and-small-practice-section at list.wsba.org <solo-and-small-practice-section at list.wsba.org>; creditor-debtor-section at list.wsba.org <creditor-debtor-section at list.wsba.org>; wsbapt at lists.wsbarppt.com <wsbapt at lists.wsbarppt.com>; wsbarp at lists.wsbarppt.com <wsbarp at lists.wsbarppt.com>
Cc: Business Law Section <business-law-section at list.wsba.org>
Subject: [WSBARP] Acceptance of Service by Non-Represented Parties


Hi, Folks.

I’m throwing the wide-net on this fishing expedition. I have to serve an individual who lives out of state with a Quiet Title Action. They are not represented by an attorney. However, my understanding is that they have no interest in the property whose title I am clearing up.

So, I’m thinking if they are willing to sign an acceptance of service when I mail them the complaint and summons, that may meet the requirement of proving service of process for what I expect will be an eventual default judgment. That may be a little simpler and cheaper than having a process server. Anybody see any issues or problems with that approach?

Thanks.





Best Regards,



Dave Culbertson



The Law Office of Davisson Culbertson

PO 20403

Seattle, WA 98102



Phone: (206) 478-8134

FAX: (866) 867-7796

dculbertson at culbertsonlawoffice.com<mailto:dculbertson at culbertsonlawoffice.com>




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