SENATE BILL REPORT

                                    SB 6187

          AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 7, 1992

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

SPONSORS: 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 process against a marital community may be obtained 1) by personally serving either member of the community, 2) by leaving a copy of the summons at either spouse's house with someone of suitable age and discretion residing there, or 3) by serving both spouses personally if they are legally separated.

EFFECT OF PROPOSED SUBSTITUTE:

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