(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.

Terms Used In Washington Code 59.12.085

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Summons: Another word for subpoena used by the criminal justice system.
(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.