[WSBARP] Acceptance of Service by Non-Represented Parties

Tue Feb 13 12:18:14 PST 2024

I've had good luck with such workarounds as Diane indicates, if the parties can be located and we have brought in title to "bless" whose interests we are trying to extinguish. I don't think it's a silly question when you are considering the cost or time of a QT action...

Kailei
Kailei B. Feeney
Attorney-at-Law
[cid:image001.jpg at 01DA5E76.B69E23E0]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
kailei at westseattlelaw.com<mailto:kailei at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>
CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment. Unless you have previously signed an engagement agreement with this firm, and the firm has accepted you as a client, NO exchange of information by virtue of emails or communications will create any attorney client relationship, including any duty of confidentiality, between sender and/or recipient.
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: Tuesday, February 13, 2024 11:53 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; solo-and-small-practice-section at list.wsba.org; creditor-debtor-section at list.wsba.org
Cc: Business Law Section <business-law-section at list.wsba.org>
Subject: Re: [WSBAPT] Acceptance of Service by Non-Represented Parties

In the alternative, and I'm really going out there, why not ask that person to sign a quit claim title instead if he has no interest?  May be a silly question but I'm curious.......

Diane J. Kiepe
Douglas Eden, P.S.
717 W. Sprague Ave., Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

KINDLY ALLOW 2-4 WORKING DAYS TO RECEIVE A RESPONSE TO NON-URGENT EMAILS.  FEEL FREE TO SEND YOUR EMAIL (OR RESEND YOUR EMAIL AS THE CASE MAY BE) MARKED URGENT IN THE SUBJECT LINE.

DISCLAIMER: the preceding message and any attachments may contain confidential information protected by law, the attorney-client privilege or other privilege.  This communication is intended to be private and may not be recorded or copied without the consent of the author.  If you believe this message has been sent in error, REPLY to sender and then DELETE this message.  Thank you.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Timothy Steen
Sent: Tuesday, February 13, 2024 11:14 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>; solo-and-small-practice-section at list.wsba.org<mailto:solo-and-small-practice-section at list.wsba.org>; creditor-debtor-section at list.wsba.org<mailto:creditor-debtor-section at list.wsba.org>; wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Cc: Business Law Section <business-law-section at list.wsba.org<mailto:business-law-section at list.wsba.org>>
Subject: Re: [WSBAPT] Acceptance of Service by Non-Represented Parties

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/>

This email message may contain confidential and privileged information.  Any unauthorized use is prohibited.  If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.  To comply with IRS regulations, we advise you that any discussion of Federal tax issues in this e-mail is not intended or written to be used, and cannot be used by you, (a) to avoid any penalties imposed under the Internal Revenue Code or (b) to promote, market or recommend to another party any transaction or matter addressed herein.  We do not accept service of any kind by e-mail unless expressly authorized in writing by the attorney of record.  E-mail communications are not intended to create contracts or CR 2A agreements.  All such agreements must be signed by the attorney of record.  Thank you.

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

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20240213/d65c8aeb/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 7107 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20240213/d65c8aeb/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 7560 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20240213/d65c8aeb/image002.png>