BILL REQ. #:  S-0490.1 

Read first time 01/30/13.   Referred to Committee on Financial Institutions, Housing & Insurance.

     AN ACT Relating to the entering of monetary judgments against defendants under the residential and manufactured/mobile home landlord-tenant acts; and amending RCW 59.18.055.

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

Sec. 1   RCW 59.18.055 and 1997 c 86 s 1 are each amended to read as follows:
     (1) When the plaintiff, after the exercise of due diligence, is unable to personally serve the summons on the defendant, the court may authorize the alternative means of service described herein. 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 cannot be found, the court may enter an order authorizing service of the summons as follows:
     (a) The summons and complaint shall 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 shall be deposited in the mail, postage prepaid, by both regular mail and certified mail directed to the defendant's or defendants' last known address not less than nine days from the return date stated in the summons.
     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 such time as jurisdiction over the defendant or defendants is obtained. Consent, the entering of a general appearance, or the filing of a responsive document by the defendant or defendants establishes personal jurisdiction over the defendant or defendants for purposes of this section and a money judgment may be entered against the defendant or defendants.
     (2) This section shall apply to this chapter and chapter 59.20 RCW.