H-1395.2          _______________________________________________

                                  HOUSE BILL 1807

                  _______________________________________________

State of Washington              52nd Legislature             1991 Regular Session

By Representatives Appelwick, Winsley, D. Sommers, Paris, Miller, Riley, Brough, Silver, Forner, Holland, Broback, Fraser and Moyer.

Read first time February 11, 1991.  Referred to Committee on Judiciary.Authorizing service by publication for collection of child support when the defendant is hard to find.

     AN ACT Relating to service of summons by publication for collection of child support; and amending RCW 4.28.100.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 4.28.100 and 1981 c 331 s 13 are each amended to read as follows:

     When the defendant cannot be found within the state, and upon the filing of an affidavit of the plaintiff, his or her agent, or attorney, with the clerk of the court, stating that he or she believes that the defendant is not a resident of the state, or cannot be found therein, and that he or she has deposited a copy of the summons (substantially in the form prescribed in RCW 4.28.110) and complaint in the post office, directed to the defendant at his or her place of residence, unless it is stated in the affidavit that such residence is not known to the affiant, and stating the existence of one of the cases hereinafter specified, the service may be made by publication of the summons, by the plaintiff or his or her attorney in any of the following cases:

     (1) When the defendant is a foreign corporation, and has property within the state;

     (2) When the defendant, being a resident of this state, has departed therefrom with intent to defraud his or her creditors, or to avoid the service of a summons, or keeps himself or herself concealed therein with like intent;

     (3) When the defendant is not a resident of the state, but has property therein and the court has jurisdiction of the subject of the action;

     (4) When the action is for divorce in the cases prescribed by law;

     (5) When the defendant, being a resident of this state, is a parent of children who reside in this state, has departed from the state with the intent to avoid paying child support, or to avoid the service of a summons of a complaint seeking child support, or keeps concealed in the state with the intent to avoid service or paying child support;

(6) When the subject of the action is real or personal property in this state, and the defendant has or claims a lien or interest, actual or contingent, therein, or the relief demanded consists wholly, or partly, in excluding the defendant from any interest or lien therein;

     (((6))) (7) When the action is to foreclose, satisfy, or redeem from a mortgage, or to enforce a lien of any kind on real estate in the county where the action is brought, or satisfy or redeem from the same;

     (((7))) (8) When the action is against any corporation, whether private or municipal, organized under the laws of the state, and the proper officers on whom to make service do not exist or cannot be found;

     (((8))) (9) When the action is brought under RCW 4.08.160 and 4.08.170 to determine conflicting claims to property in this state.