HOUSE BILL REPORT

SSB 6239

BYSenate Committee on Law & Justice (originally sponsored by Senators Nelson, Talmadge, Madsen and Moore)

Authorizing service of process by mail in district courts.

House Committe on Judiciary

Majority Report:  Do pass as amended.  (11)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Brough, Forner, R. Meyers, Moyer, Schmidt, D. Sommers, Tate and Wineberry.

Minority Report:  Do not pass.  (4)

      Signed by Representatives Hargrove, Inslee, H. Myers and Scott.

House Staff:Bill Perry (786-7123)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 22, 1990

BACKGROUND:

Current law requires that a lawsuit in district court be commenced by delivering a copy of the complaint and notice to the defendant or by leaving the copy at the defendant's residence with anyone over 12 years of age.

SUMMARY:

BILL AS AMENDED:  In district court actions involving claims for $3,000 or less, a plaintiff may request that a process server use registered or certified mail to deliver the notice and complaint to the defendant.  A return receipt for mailed service must be signed by the defendant.  Mailed service must include proof that service was made in the right venue.

AMENDED BILL COMPARED TO SUBSTITUTE:  One amendment limits the bill to cases involving claims for $3,000 or less.  The other amendment requires the signature of the defendant and proof of service within the right venue.

Fiscal Note:      Available.

House Committee ‑ Testified For:    John Woodring, Washington Apartment Association; and Bonita McCormick, Washington Collectors' Association

House Committee - Testified Against:      Geoffrey Gese, Gary Ramey, Robert Dukat, Washington State Process Servers Association; and Steve Fredrickson, Evergreen Legal Services.

House Committee - Testimony For:    Allowing service by mail is a proven procedure already used in other judicial proceedings.  Mail service will reduce costs and can save defendant's from the embarrassment of service in person at work or home.

House Committee - Testimony Against:      Mailed service is very unreliable.  In any jurisdiction several people may have the same name, and people change addresses frequently.  Only a process server can make the necessary inquiries to determine if the correct person is being served.