HOUSE BILL REPORT
SB 6059
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As Passed House:
April 4, 2007
Title: An act relating to allowing attorneys to recover actual costs for service of process.
Brief Description: Allowing attorneys to recover actual costs for service of process.
Sponsors: By Senators Carrell, Kline and Roach.
Brief History:
Judiciary: 3/28/07, 3/30/07 [DP].
Floor Activity:
Passed House: 4/4/07, 95-0.
Brief Summary of Bill |
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HOUSE COMMITTEE ON JUDICIARY
Majority Report: Do pass. Signed by 11 members: Representatives Lantz, Chair; Goodman, Vice Chair; Rodne, Ranking Minority Member; Warnick, Assistant Ranking Minority Member; Ahern, Flannigan, Kirby, Moeller, Pedersen, Ross and Williams.
Staff: Trudes Tango (786-7384).
Background:
The prevailing party in a civil suit is entitled to recover certain costs associated with the
lawsuit, including service of process fees. Service of process can be made by a public officer,
registered process server, or other means. If service is done by a registered process server or
a person exempt from registration, the recoverable cost is the amount reasonably incurred in
effecting service.
A person who serves legal process for a fee must be registered with the county auditor.
Persons exempt from the registration requirement are: (a) sheriffs and other government
employees acting in the course of employment; (b) attorneys or the attorney's employees, who
are not serving process on a fee basis; (c) persons who are court appointed to serve the court's
process; (d) employees of a registered server; and (e) persons who do not receive a fee or
wage for serving process.
Summary of Bill:
The recoverable cost for service of process by a registered or exempt process server is the
amount actually charged and incurred.
A registered process server or a process server who is exempt from registration may charge
and collect the following fees for service: (a) the actual amount, if the fee is not more than
$100; or (b) a reasonable amount, if the fee is more than $100.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony:
(In support) There is currently no law addressing how much process servers may charge or
how process servers calculate their fees. Some courts are imposing the sheriff's fee statute to
process servers. Some courts are requiring process servers to calculate mileage in such a way
that it is unworkable. The average process server fee is $35 to $65, depending on the number
of trips required. This bill provides a statewide standard for process server fees.
(Opposed) None.
Persons Testifying: Senator Carrell, prime sponsor; and Ron Belec, Washington State Process Servers Association.