SENATE BILL REPORT

                                   SSB 6187

                      AS PASSED SENATE, FEBRUARY 12, 1992

Brief Description:  Allowing service of process on a marital community by serving either spouse.

SPONSORS: Senate Committee on Law & Justice (originally sponsored by Senators Nelson, Madsen and A. Smith)

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  That Substitute Senate Bill No. 6187 be substituted therefor, and the substitute bill do pass. 

      Signed by Senators Nelson, Chairman; Erwin, Hayner, M. Kreidler, Madsen, Newhouse, Rasmussen, and A. Smith.

Staff:  Jack Brummel (786‑7428)

Hearing Dates: February 6, 1992; February 7, 1992

BACKGROUND:

Service of process on either member of a marital community is valid in an action against the community.  In an action against one spouse, service on the other is valid against the first if made at their dwelling.

SUMMARY:

Service of a summons may be obtained against one spouse by serving the other spouse personally or by leaving the summons at their home.  A summons must be served on each spouse individually if they do not reside together.

Appropriation:  none

Revenue:  none

Fiscal Note:  none requested

TESTIMONY FOR:

This bill would reduce time delays and costs in bringing suits against a marital community.  It addresses a concern about locating people for actual notice when spouses are not living together.

TESTIMONY AGAINST:  None

TESTIFIED:  PRO:  Benita McCormick, Bill Pratt, Washington Collectors Association; Walt Corneille, Gary Ramey, Washington State Process Servers Association