QUESTION
Do we still have to publicize or is physical service still acceptable in the eyes of the law?
Asked on Apr 17th, 2014 on Divorce - Washington
More details to this question:
The court has granted permission to serve by publication in the state of WA and before we posted it, we got a lucky break and were able to locate the person in another state.
3 ANSWERS
Estate Planning Attorney serving Seattle, WA
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Law Offices of Scott K. Wilson
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Personal or physical process service is always "good" service. So proceed with personal service. My thinking is that once you have a physical location for the party, continuing to proceed with publication service may open the door for the party to challenge the publication service. If personal service can not be had because the party is avoiding service and you have a residence address, I would go back to court and ask for an order allowing service by mail, which is more likely to lead to actual notice than publication.
Answered on Apr 18th, 2014 at 6:40 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If the person was served in person in the other state that is sufficient. You don't also have to publish. Make sure the affidavit of service is filed.
Answered on Apr 18th, 2014 at 6:39 PM
Dave Hawkins
You can still serve in person by using a process server. The individual will then have 60 days to respond. If you now know the person's location, service by publication would be improper.
Answered on Apr 18th, 2014 at 12:38 PM