Serving legal papers in Washington: common questions

A sheriff or deputy, or any person over 18 who is competent to be a witness and is not a party to the case (RCW 4.28.080 and Civil Rule 4(c)). A friend or relative over 18 can legally serve papers, but a professional process server knows the rules and provides a proper affidavit.

No. A party to the case cannot serve the papers. Someone else over 18 who is not involved in the case has to do it.

Anyone who serves legal papers for pay more than 10 times a year must register as a process server under RCW 18.180. SoundServe Legal is registered under RCW 18.180.

Handing the papers directly to the person named in them. It is the most reliable kind of service and the one courts question least.

Leaving the papers at the person's usual home with someone of suitable age and discretion who lives there (RCW 4.28.080). The papers have to be left at the person's home, with a resident. Leaving them with a coworker or neighbor does not count.

Yes, if they are handed to the person directly. Substitute service by leaving papers with someone else at the workplace is not valid. See serving someone at work.

Refusing to take the papers generally does not stop service. A server who identifies the person and leaves the papers in their presence will usually record it as personal service. The facts matter, so the server documents exactly what happened.

Attempts at different times, workplace service, a short stakeout, or a skip trace if they may have moved. If none of that works, the attempt log can support a motion for alternative service. See serving someone who is avoiding service.

Washington does not set a fixed number. What matters is a reasonable, diligent effort, usually several attempts at different times of day. See how many attempts are required.

If you file first, the defendant generally has to be served within 90 days of filing for the case to count as started on the filing date (RCW 4.16.170). Missing that window can matter if a statute of limitations is close.

In Washington superior court, a defendant served in the state generally has 20 days after service to respond, and 60 days if served outside the state (Civil Rule 4 and Civil Rule 12). The summons states the deadline.

At SoundServe Legal, standard orders get a first attempt within 2 to 5 days of confirmation, and rush or emergency orders within 24 hours. See rush service.

Usually by serving its registered agent at the address on file with the Washington Secretary of State. Officers and certain managing agents can also be served in some cases under RCW 4.28.080. We look up the current registered agent before serving.

Service on the State of Washington is made by leaving the papers at the office of the Attorney General (RCW 4.92.020). Counties, cities and other local governments have their own designated recipients under RCW 4.28.080.

A skip trace can often find a current address. If personal service still fails, a court can allow alternative service, such as service by mail under Civil Rule 4(d)(4) or service by publication under RCW 4.28.100. The court needs to see a diligent effort first, which is why every attempt should be documented.

Locating a person using public records and investigative databases, usually because there is no current address. See skip tracing.

A sworn statement by the server saying who was served, when, where and how. It is filed with the court as proof that service was done correctly. SoundServe Legal affidavits are signed under penalty of perjury under RCW 9A.72.085.

Washington courts generally accept a declaration signed under penalty of perjury. Some courts, particularly out of state, require a notarized affidavit. We offer notarization for $25.

Yes. We serve papers from out-of-state cases on people and businesses in Washington, and can provide a notarized affidavit when the other state requires one.

SoundServe Legal charges $85 flat for standard service in King, Pierce and Snohomish counties with mileage included, and up to $60 more elsewhere in the state. A notarized affidavit adds $25. See pricing.