BILL REQ. #:  H-0676.1 

Read first time 02/01/13.   Referred to Committee on Judiciary.

     AN ACT Relating to alternative means of service in forcible entry and forcible and unlawful detainer actions; and adding a new section to chapter 59.12 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 59.12 RCW to read as follows:
     (1) When the plaintiff, after the exercise of due diligence, is unable to personally serve the summons on the defendant or defendants, the court may authorize the alternative means of service described in this section.
     (2) Upon filing of an affidavit from the person or persons attempting service describing those attempts, and the filing of an affidavit from the plaintiff, plaintiff's agent, or plaintiff's attorney stating the belief that the defendant or defendants cannot be found, the court may enter an order authorizing service of the summons as follows:
     (a) The summons and complaint must be posted in a conspicuous place on the premises unlawfully held not less than nine days from the return date stated in the summons; and
     (b) Copies of the summons and complaint must be deposited in the mail, postage prepaid, by both regular mail and certified mail directed to the defendant or defendants' last known address not less than nine days from the return date stated in the summons.
     (3) When service on the defendant or defendants is accomplished by this alternative procedure, the court's jurisdiction is limited to restoring possession of the premises to the plaintiff and no money judgment may be entered against the defendant or defendants until jurisdiction over the defendant or defendants is obtained.