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Process Server questions

Discussion in 'Other Legal Issues' started by Hickok45, Sep 15, 2021.

  1. Hickok45

    Hickok45 Law Topic Starter New Member

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    Jurisdiction:
    Washington
    I'd like to start my own business as a process server, however I just have a few things I'm unsure of, which are holding me back from getting started.
    I have three questions in particular:
    1- What is required for confirmation of identity, for example if I had a picture of John Doe's ID, and I see someone who looks just like the ID photo, could I just say "hey John Doe, how's it going?" and if they reply is that good enough? or do I need them to say "Yes I'm John Doe[?]"
    2- previously I thought that if personal service fails, I could just leave a copy on their front door AND(not or) send one in certified mail, however, after doing some reading, here's where my question comes in: RCW 4.28.080, subsection 1 through 16 is clear to me, but 17 is confusing. From my understanding it basically says "If you cannot do method 1 through 16, then do method 16 AND mail it." So it's like saying if you cant do 16, then do 16 as well as mail it, which renders mailing pointless since 16 alone is adequate.
    Link to see that section: RCW 4.28.080: Summons, how served.
    3- Is there a certain number of attempts required before mailing it?
    Thanks for reading
     
  2. justblue

    justblue Well-Known Member

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    It is apparent that you require some training. This is not a training site.
     
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  3. Hickok45

    Hickok45 Law Topic Starter New Member

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    True, however I feel like these questions may still be very relevant to anyone who is unsure they received proper service, considering these are the questions that are not easily found in research. Any help is much appreciated, thanks
     
  4. Zigner

    Zigner Well-Known Member

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    If a person is unsure if they received proper service, then that person is free to log on and ask his/her own questions about the matter.
     
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  5. adjusterjack

    adjusterjack Super Moderator

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  6. zddoodah

    zddoodah Well-Known Member

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    Out of curiosity, why are you looking to start a business in a field about which you aren't particularly knowledgeable.

    1. The overwhelming majority of services are accomplished at a person's home or place of business, and the person being served either comes to the door or reception area or doesn't. Almost never would you have a photo.

    2. Generally substituted service requires multiple attempts at personal service. I'm not going to review the Washington rules for specifics and, to the best of my knowledge, no one who posts here is a Washington attorney.

    3. Probably.

    In addition to the couple of good suggestions already made, I'd suggest you go to a local law library and ask the librarian to help you find a civil procedure practice guide, which should have some in-depth discussion of the rules for service of process.
     
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  7. Red Kayak

    Red Kayak Well-Known Member

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    There are 50 states. And some territories. All have their own legal quirks.

    If someone has been served, and they know that they have been served, contesting whether the service was "proper" is at best a delaying tactic.

    You are grasping at straws. The fact is that you are ill informed about the ins and outs of the business you want to start. That is a bad way to start a business. It would make more sense to learn more, perhaps by working for a process server, before starting your own business.
     
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  8. Tax Counsel

    Tax Counsel Well-Known Member

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    I agree. As a lawyer, I'm not hiring anyone for process serving that doesn't know exactly what to do and has experience doing it. Getting service on the defendant is too important to leave up to someone new to it that doesn't understand the process and has no experience in it. There are certain tricks, for example, in serving some hard to serve people that experienced process servers know and that makes service more speedy, predictable, and less costly to me.

    This is also a business that is not likely to make you rich. I served process while in college years ago, and even back then the pay I got for it wasn't real high. It's still not great today. To do well with it, you need to be very efficient in your work.
     
  9. Zigner

    Zigner Well-Known Member

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    I imagine it's a field wherein volume is key.
     

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