“Lex Tag” – Personal Service of Process

Letting a defendant know that they are facing a lawsuit is a necessary step early in litigation.  The legal term for giving such notice is “service of process”.  At a minimum it entails providing the defendant with a copy of the complaint and the summons. 

Washington civil actions can be commenced either by filing the complaint, or by serving the defendant with a copy of the complaint and summons.  Regardless of how an action is commenced, however, service of process is crucial at some early stage.

Washington law prescribes different methods for personally serving different defendants.  There are special provisions for serving foreign and domestic corporations, minors, insurers, towns, and schools, among others.

But perhaps the most common type of service is personal service on an individual defendant.  The law provides this can be accomplished by giving a copy of the summons and complaint “to the defendant personally, or by leaving a copy … at the house of his or her usual abode with some person of suitable age and discretion then resident therein.”

The latter part of that statute is important.  Washington Courts have found that the laws on service of process are meant to serve two purposes: “(1) provide means to serve defendants in a fashion reasonably calculated to accomplish notice and (2) allow injured parties a reasonable means to serve defendants.”

The provision allowing a process to be delivered to a person “of suitable age and discretion” staying at the house goes a long way toward achieving the goal of allowing plaintiffs “a reasonable means to serve defendants.”

The unfortunate reality, however, is that sometimes even the flexibility to leave the summons and complaint with someone else at the house is not enough.  In such cases alternative service methods may be necessary. 

References:

Wash. Super. Ct. Civ. R. 3

Wash. Rev. Code Ann. § 4.28.080 (West)

Dolby v. Worthy, 141 Wash. App. 813, 816, 173 P.3d 946, 947 (2007) (quoting Sheldon v. Fettig, 129 Wash.2d 601, 608, 919 P.2d 1209 (1996))