Washington Code 4.28.080 – Summons, how served
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Service made in the modes provided in this section is personal service. The summons shall be served by delivering a copy thereof, as follows:
Terms Used In Washington Code 4.28.080
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- 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
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Summons: Another word for subpoena used by the criminal justice system.
(1) If the action is against any county in this state, to the county auditor or, during normal office hours, to the deputy auditor, or in the case of a charter county, summons may be served upon the agent, if any, designated by the legislative authority.
(2) If against any town or incorporated city in the state, to the mayor, city manager, or, during normal office hours, to the mayor’s or city manager’s designated agent or the city clerk thereof.
(3) If against a school or fire district, to the superintendent or commissioner thereof or by leaving the same in his or her office with an assistant superintendent, deputy commissioner, or business manager during normal business hours.
(4) If against a railroad corporation, to any station, freight, ticket or other agent thereof within this state.
(5) If against a corporation owning or operating sleeping cars, or hotel cars, to any person having charge of any of its cars or any agent found within the state.
(6) If against a domestic insurance company, to any agent authorized by such company to solicit insurance within this state.
(7)(a) If against an authorized foreign or alien insurance company, as provided in RCW 48.05.200.
(c) If against a reciprocal insurer, as provided in RCW 48.10.170.
(d) If against a nonresident surplus line broker, as provided in RCW 48.15.073.
(e) If against a nonresident insurance producer or title insurance agent, as provided in RCW 48.17.173.
(f) If against a nonresident adjuster, as provided in RCW 48.17.380.
(g) If against a fraternal benefit society, as provided in RCW 48.36A.350.
(h) If against a nonresident reinsurance intermediary, as provided in RCW 48.94.010.
(i) If against a nonresident life settlement provider, as provided in RCW 48.102.011.
(j) If against a nonresident life settlement broker, as provided in RCW 48.102.021.
(k) If against a service contract provider, as provided in RCW 48.110.030.
(l) If against a protection product guarantee provider, as provided in RCW 48.110.055.
(m) If against a discount plan organization, as provided in RCW 48.155.020.
(8) If against a company or corporation doing any express business, to any agent authorized by said company or corporation to receive and deliver express matters and collect pay therefor within this state.
(9) If against a company or corporation other than those designated in subsections (1) through (8) of this section, to the president or other head of the company or corporation, the registered agent, secretary, cashier or managing agent thereof or to the secretary, stenographer or office assistant of the president or other head of the company or corporation, registered agent, secretary, cashier or managing agent.
(10) If against a foreign corporation or nonresident joint stock company, partnership or association doing business within this state, to any agent, cashier or secretary thereof.
(11) If against a minor under the age of fourteen years, to such minor personally, and also to his or her father, mother, guardian, or if there be none within this state, then to any person having the care or control of such minor, or with whom he or she resides, or in whose service he or she is employed, if such there be.
(12) If against any person for whom a guardian has been appointed for any cause, then to such guardian.
(13) If against a foreign or alien steamship company or steamship charterer, to any agent authorized by such company or charterer to solicit cargo or passengers for transportation to or from ports in the state of Washington.
(14) If against a self-insurance program regulated by chapter 48.62 RCW, as provided in chapter 48.62 RCW.
(15) If against a party to a real estate purchase and sale agreement under RCW 64.04.220, by mailing a copy by first-class mail, postage prepaid, to the party to be served at his or her usual mailing address or the address identified for that party in the real estate purchase and sale agreement.
(16) In all other cases, to the defendant personally, or by leaving a copy of the summons at the house of his or her usual abode with some person of suitable age and discretion then resident therein.
(17) In lieu of service under subsection (16) of this section, where the person cannot with reasonable diligence be served as described, the summons may be served as provided in this subsection, and shall be deemed complete on the tenth day after the required mailing: By leaving a copy at his or her usual mailing address with a person of suitable age and discretion who is a resident, proprietor, or agent thereof, and by thereafter mailing a copy by first-class mail, postage prepaid, to the person to be served at his or her usual mailing address. For the purposes of this subsection, “usual mailing address” does not include a United States postal service post office box or the person’s place of employment.
[ 2015 c 51 § 2; 2012 c 211 § 1; 2011 c 47 § 1; 1997 c 380 § 1; 1996 c 223 § 1; 1991 sp.s. c 30 § 28; 1987 c 361 § 1; 1977 ex.s. c 120 § 1; 1967 c 11 § 1; 1957 c 202 § 1; 1893 c 127 § 7; RRS § 226, part. FORMER PART OF SECTION: 1897 c 97 § 1 now codified in RCW 4.28.081.]
NOTES:
Rules of court: Service of process—CR 4(d), (e).
Effective date, implementation, application—1991 sp.s. c 30: See RCW 48.62.900.
Severability—1977 ex.s. c 120: “If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected.” [ 1977 ex.s. c 120 § 3.]
Service of process on
foreign corporation: RCW 23B.15.100.
foreign savings and loan association: RCW 33.32.050.
nonadmitted foreign corporation: RCW 23B.18.040.
nonresident motor vehicle operator: RCW 46.64.040.