How to Complete Process Service of Legal Documents in Washington State

Why do I need to serve the other party in my case?

What legal documents are required to be served on the other party?

How do I serve the other party?

Process service must be done in a specific manner to comply with state laws. In Washington, process service is governed by the Washington State Court Rules: Superior Court Civil Rules (CR for short) and the Revised Codes of Washington (RCW). General rules for service in civil cases are located at CR 4 and RCW 4.28.080 and are discussed further below. These rules provide the framework for delivering legal documents to a defendant or other parties in a lawsuit. The key objective is to ensure the recipient has actual notice of the legal action.

Washington law allows for several methods of service. Choosing the right type of process service is absolutely critical in order to prevent delays in the furtherance of the case.You should select the appropriate method depending on the circumstances of the case and the location of the other party. If you are not sure what type of service is required, you should confirm with an attorney before proceeding to avoid any missteps or issues that may delay or dismiss your case.

Types of Service

1. Personal Service (In-Hand Delivery) – RCW 4.28.080

Personal service is the most common and reliable method of service. It involves delivering the legal documents directly to the individual being served. Here are the steps:

• The server physically hands the documents to the defendant, respondent, or other party.
• This method must be completed within Washington state unless otherwise authorized.
• If the other party is evasive or cannot be found at their residence or place of business, personal service can be attempted at alternative locations.

2. Substitute Service (Service at Home or Workplace) – RCW 4.28.080

If the other party cannot be personally served, substitute service is allowed:

• Service can be made by leaving the documents with someone over the age of 18 at the other party’s residence or (sometimes) place of business.
• The person served must be informed about the nature of the documents.
• Additionally, the documents must be mailed to the other party’s address. The server will typically provide an affidavit of service to confirm the details.

3. Service by Mail – RCW 7.105.150

Washington allows service by mail under certain conditions. This method is often used when other methods have failed, when the parties agree, or when the court has ordered it. It can be done via:

• First-Class Mail: The documents must be mailed with a return receipt requested (i.e., certified mail).
• Acceptance of Service: If the other party agrees, they can sign an acceptance of service, acknowledging receipt of the documents without a formal process server.
• Service by Mail for Subpoenas: Subpoenas and other documents can be served by mail if allowed by the court, provided the recipient has adequate notice.

4. Service by Publication – RCW 4.28.180 & RCW 4.28.110

If the other party cannot be located after diligent effort, a party can request service by publication. This method involves publishing a notice in a local newspaper for a set number of weeks.

• The party must submit an affidavit demonstrating due diligence (attempts made to complete service including locations, number of times tried, etc.) in trying to find the other party.
• The court will approve the publication if the other party’s whereabouts are unknown, and service will be deemed valid once the notice is published for the required period of time in an approved newspaper.

5. Service on an Authorized Agent – RCW 4.28.080

If the other party has designated an agent for service of process (often a registered agent for corporations), documents can be served directly to the agent, and this constitutes effective service for the other party .

6. Service on a Business Entity (Corporations, LLCs) – RCW 4.28.080 & RCW 23.95.450

For business entities like corporations and limited liability companies (LLCs), the legal documents can be served on:

• The corporate officer or managing member of the LLC.
• Registered agents listed with the Washington Secretary of State.

Who can serve documents?

Process servers must be over 18 years old and cannot be a party to the lawsuit per RCW 7.105.150. While a professional process server is often hired, it can also be done by anyone who meets the criteria. It is recommended that anyone that has an interest in the result of the case or may be a potential witness in the case not be involved in serving papers, to avoid any bias or concerns with their involvement in the case. That can have a big impact on a case, if they need to be called as a witness on service and can’t testify beyond that if needed.

Can the Police Department or Sheriff’s Office help me with service?

Can I have a friend, family member, or co-worker serve the other party?

While it may seem like an easy solution, attempting service without a professional often leads to conflict, ineffective service, and, in some cases, more serious issues. Fixing a faulty service can be costly and typically results in additional complications and effort if not done correctly. Most professional process servers and all law enforcement agencies carry insurance, providing recourse if they fail to follow the legal requirements for service. While successful service cannot always be guaranteed due to various factors, using a trained professional ensures that the person serving understands and follows the applicable rules and statutes.

Service of process, especially when hostility or potential conflict is present in a case, is best done by totally neutral individuals.

Where can service take place?

Documents can be served within Washington state or outside the state under certain conditions. RCW 4.28.180

Make sure to check the governing laws/statutes/rules, etc., regarding service out of state. Most states are very specific about not only the service, but how the return or affidavit of service is completed and filed. When serving documents out of state, the jurisdiction where the party is being served may have additional requirements, such as specific hours for service or restrictions to prevent a breach of peace. Each state also has its own rules regarding substitute or alternative service within its jurisdiction, including minimum age requirements for those who can accept service. In Washington, substitute service may be made on someone 14 or older or an individual of suitable age, except in family law cases, where a minor child cannot accept service. It is important to check the policies of the entity serving the documents, including any restrictions on service hours, to ensure compliance with all legal requirements.

How does a process server know where to find the party for service?

Should I tell the other party he/she is going to get served legal documents?

How do I notify the court that service was completed?

Complete the Proof of Service – RCW 59.12.040
Once service is completed, the server must provide a proof of service or affidavit of service, which includes:

• The name of the person served.
• The date, time, and place of service.
• The method of service used (e.g., personal service, mail, etc.).
• A statement verifying that the server is of legal age and not a party to the case.

The proof of service is then filed with the court. This document serves as evidence that the other party was properly notified and is crucial in moving forward with the case.

What if the other party refuses to accept service or can’t be located?

In some cases, service may be difficult or impossible, and you may need to explore alternative methods. If the other party is evading service or is in a location outside of Washington state, you may need an attorney to assist and:

• Request an extension of time to serve the documents.
• Seek court permission to use other methods like service by publication (RCW 4.28.100)
• Employ a process server with specialized expertise in difficult or evasive service situations.

Conclusion

While service of process may seem straightforward, it is often more complex than it appears. Mistakes can lead to additional costs, unnecessary delays, or even invalid service. If there are any questions, consulting an attorney or an experienced process server is recommended, as they can provide valuable insights and guidance to ensure proper service. Process service is not a game; it is very important to any court proceeding. It is essential that it is done in an efficient manner with as few problems arising as possible. The process server is the buffer between the parties; utilize them appropriately. It will benefit you in the long run.