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Service in Washington state, and in Washington divorces especially, is something I have dealt with in virtually every situation
imaginable.
First, the purpose of service of process is to make sure that the person getting
sued or petitioned for divorce and property division is AWARE OF THE FACT A LAWSUIT
IS OCCURRING. The Courts have long held that the best way to ensure this is
to have a human being (but not the plaintiff) actually walk up and hand the documents
to the defendant or Respondent if it is a divorce case. Thats it. Now,
below are the important details everyone seems ignore (or be ignorant of, or both,
oh well.) Also, if you can't find the person read on below as well.
1. The person handing the documents can be anyone except the plaintiff themself
or Petitioner (if it is a Washington divorce case). It CAN be your brother, or sister,
or friend.
2. You CAN deliver it to their address in person so long as the person that
opens the door REASONABLY APPEARS to be over the age of 18 and of sane mental capacity.
3. They DO NOT have to accept anything. If they tell you to get lost
drop the papers where you stand and sleep soundly in the knowledge that they have
been served!
4. If they open the door to their home just one crack and then slam it shut
just tell them their is legal process for person X and drop them there. I
always tell people to put them under a mat or rock so they don't blow away.
5. If you serve them at work you have to serve them face to face it can not
be their boss or a coworker. If they see you tell them legal process, if they
just leave or start making up stories just leave you have served them.
6. You can serve them anywhere you find them, even in Jail. (And yes,
I've served people there.)
If you can't find them or they are hiding or won't answer the door there are easy
solutions please give me a call: we can use service by mail or service by publication.
Note: FOREIGN COUNTRY SERVICE - is your husband/wife in a foreign country? Washington state
allows service by mail (after you get an Order from the court which authorizes it) if it is return receipt.
Service may be made pursuant to Superior court civil rule 4(i)(D),:
“ by any form of mail, requiring a signed receipt, to be addressed and mailed to the party to be served;” I do
not reccomend trying to get this on your own because you need to understand that the default rule of personal delivery
still applies until you get the order waiving the requirement. (You don't have to get an Order to publish in the newspaper
however.) But to do it in a foreign country by mail you must get an Order to that effect first.
Service of process in a divorce (dissolution) case in Washington state follows mainly the same rules
as in any other civil case. Sometimes I do get Orders from the Court to serve by mail, on occassion I serve
the other party myself but I try not to have to do that. You can not serve them by mail (without an order in advance) or if you
are the husband or wife in the case. You don't have to serve every document in the case personally: only the
summons and petition. However, be careful, as certain motions and situations DO IN FACT require a renewed
personal service of that motions documents. If you are uncertain after this please go to the "Prices" page
and purchase a diagnosis for $65.00.
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