QUESTION
Does the certificate of service of a reply to a complaint have to be signed to be valid?
Asked on Nov 01st, 2013 on Landlord and Tenant Law - Washington
More details to this question:
I sued someone (civil) and they responded with an answer but did not sign the certificate of service nor did they swear to the answers. There was a place for them to sign but they left it blank. They did not send it registered mail. Is it invalid?
5 ANSWERS
In most states, filing an answer is sufficient to prove that service was accomplished.
Answered on Nov 06th, 2013 at 11:18 PM
Generally, an answer subjects the party filing the answer to the jurisdication of the court just as if the party had been served with the summons. So, absent something unusual, the defendant has, in essence, been served.
Answered on Nov 06th, 2013 at 6:27 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Probably. It sounds like a ministerial problem.
Answered on Nov 06th, 2013 at 5:21 AM
If they filed an answer you need not worry about service as their answer waives any defects there might have been in the service.
Answered on Nov 01st, 2013 at 10:19 PM
Land Use Attorney serving Tacoma, WA
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Harper Law Offices, Inc., P.S.
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Only attorney's can certify service. The party should have submitted a declaration or affidavit of service. That does have to be signed. The answer/response has to be signed as well. The civil rules of procedure requires, generally under rule 11, that documents be signed affirming they are true and accurate.
Answered on Nov 01st, 2013 at 10:15 PM