The notice of claim may be served either as provided for the service of summons or complaint and notice in civil actions as described in RCW 4.28.080 or by registered or certified mail if a return receipt with the signature of the party being served is filed with the court. No other legal document or process is to be served with the notice of claim. Information from the court regarding the small claims department, local small claims procedure, dispute resolution services, or other matters related to litigation in the small claims department may be included with the notice of claim when served.

Ask a small claims case law question, get an answer ASAP!
Thousands of highly rated, verified small claims case experts.
Specialties include: appeals, mediation, judgment and more
Click here to chat with a lawyer about your rights.

Terms Used In Washington Code 12.40.040

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Summons: Another word for subpoena used by the criminal justice system.
The notice of claim shall be served promptly after filing the claim. Service must be complete at least ten calendar days prior to the first hearing.
The person serving the notice of claim shall be entitled to receive from the plaintiff, besides mileage, the fee specified in RCW 36.18.040 for such service; which sum, together with the filing fee set forth in RCW 12.40.020, shall be added to any judgment given for plaintiff.

NOTES:

Court Improvement Act of 1984Effective datesSeverabilityShort title1984 c 258: See notes following RCW 3.30.010.
Severability1981 c 194: See note following RCW 36.18.040.