AN ACT
Relating to registration of process servers; adding a new chapter to Title 18
RCW; adding a new section to chapter 36.22 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. (1) A
person who serves legal process for a fee in the state of Washington shall
register as a process server with the auditor of the county in which the
process server resides or operates his or her principal place of business.
(2)
The requirement to register under subsection (1) of this section does not apply
to any of the following persons:
(a) A
sheriff, deputy sheriff, marshall, constable, or government employee who is
acting in the course of employment;
(b) An
attorney or the attorney's employees, who are not serving process on a fee
basis;
(c) A
person who is court appointed to serve the court's process;
(d) An
employee of a person who is registered under this section;
(e) A
person who does not receive a fee or wage for serving process.
NEW
SECTION. Sec. 2. A new
section is added to chapter 36.22 RCW to read as follows:
(1)
Each county auditor shall develop a registration process to register process
servers required to register under section 1 of this act.
(2)
The county auditor may collect an annual registration fee from the process
server not to exceed ten dollars.
(3)
The office of the administrator for the courts shall develop a registration
form for the county auditors to use in the registration process for the purpose
of identifying and locating the registrant, including the process server's
name, birthdate, and social security number, and the process server's business
name, business address, and business telephone number.
(4)
The county auditor shall maintain a register of process servers and assign a
number to each registrant. Upon renewal of the registration as required in
section 3 of this act, the auditor shall continue to assign the same
registration number. A successor entity composed of one or more registrants
shall be permitted to transfer one or more registration numbers to the new
entity.
NEW
SECTION. Sec. 3. A
process server required to register under section 1 of this act must renew the
registration within one year of the date of the initial registration or when
the registrant changes his or her name, the name of his or her business,
business address, or business telephone number, whichever occurs sooner. If
the renewal is required because of a change in the information identifying the
process server, the process server must renew the registration within ten days
of the date the identifying information changes. The process server shall pay
the registration fee upon renewal.
NEW
SECTION. Sec. 4. (1) A
process server required to register under section 1 of this act shall indicate
the process server's registration number and the process server's county of
registration on any proof of service the process server signs.
(2)
Employees of a process server required to register under section 1 of this act
shall indicate the employer's registration number and the employer's county of
registration on any proof of service the registrant's employee signs.
NEW
SECTION. Sec. 5. (1)
Except as provided in subsection (2) of this section, any person who is
otherwise entitled to collect the costs of service of process shall not be
entitled to collect those costs if the person does not use a process server who
under this chapter either is required to register or is exempt from the
registration requirement.
(2)
The person may collect the costs of the service of process if the process
server registers within forty-five days after serving the process.
(3)
This section shall apply to all process served on or after August 1, 1992.
NEW
SECTION. Sec. 6. Sections
1 and 3 through 5 of this act shall constitute a new chapter in Title 18 RCW.
NEW
SECTION. Sec. 7. Nothing
in this act modifies Superior Court Civil Rule 4.
