FINAL BILL REPORT

                     SHB 2370

                                 C 125 L 92

                            Synopsis As Enacted

 

Brief Description:  Requiring the registration of process servers.

 

By House Committee on Judiciary (originally sponsored by Representatives Padden, Appelwick, Paris, Ludwig, Vance, Riley, Forner, Broback, D. Sommers, Inslee, Scott, R. Johnson, Franklin, Winsley, Mitchell and Bowman).

 

House Committee on Judiciary

Senate Committee on Law & Justice

 

Background:  Persons who serve legal process for a fee currently do not have to register.  If a process server improperly serves process, an injured party may be unable to find the process server to seek redress.

 

Summary:  A person who serves legal process for a fee must register with the county auditor.  The registration requirement does not apply to the following servers:  sheriffs, attorneys not serving on a fee basis, court personnel serving the court's process, people who do not receive a fee for serving process, and employees of registered servers and those not required to register.

 

The auditor may charge a registration fee up to $10. The Office of the Administrator for the Courts must develop registration forms.  The county auditor must maintain a register of process servers and issue registration numbers.  The process servers must use the registration number on all proof of service of process.  The process server must renew the registration annually or within 10 days of when the server's address or other identifying information changes, whichever occurs first.  The server must pay the registration fee upon renewal.

 

If a person does not hire a registered process server, the person may not collect the costs of service unless the process server registers within 45 days after serving the process.  This provision applies to processes served on or after August 1, 1992.

 

The bill does not modify the civil court rules which govern service of process.

 

Votes on Final Passage: 

 

House 96    0

Senate   48    0    (Senate amended)

House 91    2    (House concurred)

 

Effective:     June 11, 1992