SENATE BILL REPORT

HB 1199

BYRepresentative P. King 

Designating appropriate individuals to receive service of process.

House Committe on Judiciary

Senate Committee on Judiciary

Senate Hearing Date(s):March 23, 1987

Majority Report:  Do pass.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; McCaslin, Moore, Nelson, Newhouse.

Senate Staff:Cliff Petersen (786-7457)

                  March 23, 1987

AS REPORTED BY COMMITTEE ON JUDICIARY, MARCH 23, 1987

BACKGROUND:

The initiating party in a lawsuit is generally required to serve legal papers ("service of process" or "summons") on the other party.  Service of process must be made on the person or official designated by statute.  For a county, service must be made on the county auditor, for a city or town, upon the mayor, and for a school district, upon the superintendent. For a company or corporation not otherwise specifically covered by particular provisions, service of process must be made upon the president, or other head of the company or corporation, or upon one of several other named persons.  Recent court decisions hold that substantial compliance with these procedures is not sufficient.  Personal service must be made on the person designated by statute.  Leaving the summons in the designated person's office does not suffice.

SUMMARY:

Several changes are made with respect to the person or official upon whom service of process may be made.  For a county, the summons may be delivered to the auditor, or left in his or her office with a deputy auditor.  In an action against any town or incorporated city, the summons may be delivered to the mayor, city manager, city clerk, or with a staff person during normal office hours.  In an action against a school or fire district, the summons may be delivered to the superintendent or commissioner, or left in the office with an assistant or business manager.  If the action is against a company or corporation not otherwise covered, delivery of the summons may be to the president or other head of the company or corporation, or to any one of a number of specified persons including registered agents, cashiers, or assistants or secretaries.

Fiscal Note:      none requested

Senate Committee - Testified: James Walsh, Washington State Process Servers Association; Gary Ramey, Washington State Process Servers Association