Serving by Publication in Pierce-Tacoma Washington County (12/8/2012)
Service by publication is the most expensive option when it comes to serving legal documents. The best and most common type of service is always personalized service; If personal service is not feasible, substitute service is the next best alternative. The service by the required first class mail signature can be completed in certain circumstances, but most people will simply not sign the envelope and lastly we have the service by publication. Service by publication requires an order or special permission from the court where your action is filed. There are a few reasons why service per post might be justified. For example, if the defendant is homeless or says the target is eluding or evading service. For these reasons, the court may or may not issue an order for the award of services by publication. This type of service is by far the most expensive and time-consuming form of servicing a defendant. All other options should be completely exhausted before attempting such a service, including multiple attempts at old addresses, deposition of neighbors, family members, and any co-workers to lessen all chances of getting a good address. If you have not yet gotten a good address from the person, a Skip-Trace should be performed to demonstrate a good faith effort on your part to locate the opposing party. The process that publication is intended to serve varies from county to county and each local jurisdiction has its own set of rules that must be followed to satisfy the court. In most cases, the service by publication is provided by attorneys; however, if you can’t afford one, you can try using the prepaid legal service. They offer a full service of legal advice on all legal matters for a nominal fee of $ 17.00 per month with no annual contract. This means that you can use the service for the duration of your case and cancel it at any time. Prepaid legal services can be purchased at Legalshield.com. Trying to navigate the minutiae of legal forms can be problematic, especially if you don’t have a working knowledge of legal documents and civil processes. For this reason, we recommend calling an attorney for further instructions before attempting to do it yourself. However, if you cannot find an attorney, there are some free resources that can help you along the way. Walawhelp.org has an excellent guide and instructional forms available on their site; They are also a great resource for other legal documents and forms. Note that not all situations are the same, so use caution when using these forms, but they are not foolproof. Once you have completed your subpoena service statement and all your documentation has been filed with the court, you will need to obtain the court order, note that you will need to show detailed proof that you have no other way of serving. . Google, Wikipedia, walawhelp.org, and the pierce county law library are good resources in addition to the prepaid legal service for information on running the service by publication.
Publish your ad in the newspaper!
Once you have the court order signed, call your county clerk for a list of newspapers approved to publish legal bulletins in your county, see- (RCW 65.16.070). Also check the Washington State Legislatures website apps.leg.wa.gov or a quick Google search for (service by WA publication); this will produce the same result. The repeating website samples of the states of (RCW 4.28.110) and (RCW 12.04.100) are below for reference. Most legal notices are generally published in the Tacoma News Tribune or The Tacoma Daily Index. The Tacoma Daily Index will have 100 words for $ 31.00 on the first day and $ 27.00 for additional days, for a total of $ 409.00 for 3 weeks and $ 818.00 for 6 weeks. Postings typically last 3-6 consecutive weeks, depending on your legal action, consult an attorney. The newspaper will generate a mailing affidavit at the end of its run. You can contact the Tacoma News Tribune at 253-597-8742 or the Tacoma Daily Index at (253) -627-4853. Be sure to file the completed publication affidavit with the court.
Samples of RCW 4.28.110 and RCW 12.04.100 (district court) are below for reference.
RCW 4.28.110 (Service per issue as of 12/8/2012)
Form of publication and form of call.
The publication shall be made in a newspaper of general circulation in the county where the action is filed once a week for six consecutive weeks: DISPOSED, That the publication of the summons shall not be made until after the filing of the complaint, and the service of the The call will be considered complete at the expiration of the period prescribed for publication. The summons must be signed by the plaintiff or their attorney or attorneys. The summons must contain the date of the first publication, and will require that the accused or those who are notified by publication appear and respond to the complaint within sixty days following the date of the first publication of the summons; and the call for publication must also contain a brief statement of the object of the action. The call for publication will be substantially the following:
In the Washington State Superior Court for the County of …
The state of Washington as stated (naming the defendant or defendants to be served by publication):
You are called to appear within sixty days after the date of the first publication of this summons, that is, within sixty days after … day of …, 1 …, and defend the action previously titled in the authorized court, and answer the plaintiff’s complaint …, and notify
a copy of your response to the undersigned attorneys for the plaintiff …, at his or her office indicated below; and in case of not doing so, a sentence will be handed down against him in accordance with the claim of the complaint, which has been filed with the secretary of said court. (Insert a short declaration of the object of the action here).
PO Address …
[2011 c 336 § 98; 1985 c 469 § 2; 1895 c 86 § 2; 1893 c 127 § 10; RRS § 233.]
Publication of legal notices: Chapter 65.16 RCW.
RCW 12.04.100 (district court)
(Service by publication as of 12/8/2012)
Service by publication.
In the event that personal notification cannot be obtained due to the absence of the defendant from the county in which the action is to be initiated, it will be convenient to publish the summons or notice with a brief statement of the object and sentence of the claim. or complaint, in a newspaper of general circulation of the county where the action is initiated, whose notification will be published not less than once a week for three weeks before the time set for the hearing of the case, which will not be less than four weeks from the first publication of the notice. The notice may be substantially as follows:
| | > | |
County of …
In the court of law, … justice.
You are hereby notified that … you have filed a complaint (or claim, as the case may be, as the case may be) against you in said court, which will be heard in my office at …, at … county, Washington state. , on the … day of …, AD 19 …, at the time of … o’clock … m., and unless you present yourself and respond, the same will be taken as confessed and granted the plaintiff’s claim. The object and demand of said claim (or complaint, as the case may be) is (here insert a brief statement).
Claim filed …, AD 19 …
[1985 c 469 § 6; Code 1881 § 1720; 1873 p 337 § 27; RRS § 1766.]
Legal Publications: Chapter 65.16 RCW.
(RCW 65.16.010-160) – (12/8/2012)
(RCW 04.12.100) – (12/8/2012)
(RCW 4.28.100) – (12/8/2012)
(RCW 4.28.110) – (12/8/2012)