Scared of failed service in Washington? Read this first

Facing difficulties in serving legal papers in Washington? This is a common issue many encounter when defendants seem to disappear. Understanding relevant laws is crucial for effective action. In this article, learn how the Huff v. Budbill case provides guidance on utilizing substitute service when you believe a defendant has left the state.

Situation

Specific Situation

In Washington State, a legal dispute emerged after a car accident in Seattle. The incident involved two people: the plaintiff, who got injured, and the defendant, who was accused of causing the crash by being careless. At the scene, the defendant shared contact details but no police report was filed. When the plaintiff tried to serve legal papers at the address given by the defendant, they couldn’t find the defendant. This led to the plaintiff using a substitute service process, which became the center of this legal case.

Plaintiff’s Claim

The plaintiff wanted to get compensation for the injuries suffered in the accident. They claimed that the defendant’s careless actions caused the accident. The plaintiff argued they tried hard to deliver legal papers to the defendant but got no response. So, they used the nonresident motorist statute, thinking the defendant might have left the state, to serve papers through the Washington Secretary of State.

Defendant’s Claim

The defendant argued that they never left Washington State and continued living and working there. They claimed the plaintiff had no good reason to think they left the state. The defendant said the substitute service was done incorrectly and asked the court to dismiss the plaintiff’s claims.

Judgment Outcome

The court agreed with the defendant. It said the plaintiff didn’t have a good reason to believe the defendant had left the state, which was necessary to use the nonresident motorist statute. As a result, the court reversed the Court of Appeals’ decision and ordered the trial court to grant the defendant’s motion for summary judgment, dismissing the plaintiff’s claims due to improper service of process. (Case No. 67619-4)

Resolution Method

Immediate Actions

If you find yourself in a similar situation, the first step is to gather as much information as possible about the defendant’s whereabouts. Check all known addresses and contact any mutual acquaintances who might have information. Document every attempt to serve the papers, as this will be crucial in demonstrating your efforts to the court.

Filing and Service

When preparing to file a lawsuit, ensure all paperwork is complete and accurate. If personal service is not possible, consider alternative methods like service by publication or mailing documents through certified mail. Double-check the accuracy of the defendant’s last known address and gather evidence that supports any claims of their departure or evasion.

Negotiation and Settlement

Before escalating the matter to court, consider negotiating with the defendant or their legal representative. Mediation can often resolve disputes without the need for a lengthy trial. If the defendant is willing to communicate, a settlement might save time and resources for both parties.

FAQ

What is Substitute Service?

Substitute service is when you serve legal papers in a different way because you can’t give them directly to the person. This could be through the mail, a public notice in a newspaper, or another method allowed by law.

When to Use RCW 46.64.040?

You use RCW 46.64.040 when you need to serve someone you believe has left Washington State. You must have a reasonable belief, backed by evidence, that they aren’t around anymore and that you’ve tried hard to find them.

What Does Due Diligence Mean?

Due diligence means making honest and reasonable efforts to find a person. This includes checking known addresses, asking around, and trying every possible way to contact them.

What is a Good Faith Belief?

A good faith belief is a genuine and honest belief based on facts you know. It means you truly think the person has left the state and you’re not just guessing or assuming.

How to Prove Departure?

Proving someone left the state might include showing statements from neighbors, mail returned from a known address, or any other evidence indicating they are no longer in the area.

What is RCW 4.28.080(15)?

RCW 4.28.080(15) explains how to serve legal documents at someone’s home. It says you can leave papers at the defendant’s usual address if you can’t give them directly.

What if the Defendant is Avoiding Service?

If the defendant is avoiding service, you can try service by publication or demonstrate that you did everything possible to find them. This might involve posting a notice in a local newspaper.

What is Service by Publication?

Service by publication is when you announce a legal action in a newspaper to notify a defendant who can’t be found. It’s used when you’ve tried other methods and they didn’t work.

What’s the Difference Between the Statutes?

RCW 46.64.040 is specific to nonresident motorists, meaning it applies when someone involved in an accident might have left the state. RCW 4.28.100 deals with general cases for people who are avoiding service or who can’t be found.

How to Appeal a Judgment?

To appeal a judgment, you need to file a notice of appeal with the appellate court. This document should include reasons for the appeal and follow the specific rules for how to submit it.