{"id":613,"date":"2018-01-28T03:23:03","date_gmt":"2018-01-27T19:23:03","guid":{"rendered":"http:\/\/trainingpips.com\/?page_id=613"},"modified":"2019-03-25T12:07:10","modified_gmt":"2019-03-25T20:07:10","slug":"ps-101-chapter-5-article-18-at-a-usual-mailing-address","status":"publish","type":"page","link":"https:\/\/app.trainingpips.com\/index.php\/ps-101-a-course-outline\/ps-101-chapter-5-chapter-outline-service-of-the-summons\/ps-101-chapter-5-article-18-at-a-usual-mailing-address\/","title":{"rendered":"PS 101 – Chapter 5 – Article 18 – At a Usual Mailing Address"},"content":{"rendered":"

RCW 4.28.080(17)<\/a>
\n<\/em>In lieu of service under subsection (16) of this section, where the person cannot with reasonable diligence be served as described, the summons may be served as provided in this subsection, and shall be deemed complete on the tenth day after the required mailing: By leaving a copy at his or her usual mailing address with a person of suitable age and discretion who is a resident, proprietor, or agent thereof, and by thereafter mailing a copy by first class mail, postage prepaid, to the person to be served at his or her usual mailing address. For the purposes of this subsection, “usual mailing address” does not include a United States postal service post office box or the person’s place of employment.<\/em><\/span><\/p>\n

It is not at all unusual to receive a service assignment for which the address provided by your client turns out to be a place where the target receives his mail but does not reside. There are several situations where this can occur.<\/span><\/p>\n

Private Mail Receiving Business<\/strong><\/u><\/span><\/p>\n

Over the past 20 years or so there has been an almost explosive growth in the niche business of receiving mail for other people. For a while the growth was so great it attracted the attention of some major corporations, for example United Parcel Service and their UPS Store concept.<\/span><\/p>\n

Formally such businesses are known as commercial mail receiving agencies (CMRA). Process servers usually refer to them as mail drops.<\/span><\/p>\n

The customer of a CMRA can receive mail and other deliveries at the street address of the CMRA rather than the customer’s own street address. Depending on the agreement between the customer and the CMRA, the CMRA can forward the mail to the customer or hold it for pickup.<\/span><\/p>\n

A customer may wish to use the services of a CMRA for privacy; for example, a person running a home-based business may not wish to divulge the home address. Alternatively, a customer in one community may contract with a CMRA in another community with a better known or more prestigious address. And, in some cases, people use CMRA’s to avoid process servers.<\/span><\/p>\n

Residence of a Friend or Relative<\/strong><\/u><\/span><\/p>\n

In today’s mobile world it is not unusual for a person to ask a friend or relative to receive their mail for them. This could be because the person is in the process of moving, is traveling, or, for a variety of reasons, wants to keep their true residence as secret as possible. The friend or relative may hold the mail awaiting the person’s return or may forward the mail to another address. In any event, service under this rule can be made at this type of location.<\/span><\/p>\n

Whether the address turns out to be a mail drop or the home of a family member or friend, it creates a problem for a process server in that the usual service methods (personal or abode) of accomplishing service do not apply. In 1996 a 16th paragraph (now the 17th) was added to RCW 4.28.080. The original wording was different from what you find above because it was amended in 1997 to remove a provision relating to service at a place of employment.<\/span><\/p>\n

Of the 17 paragraphs currently in RCW 4.28.080<\/a> this is the most complex. It consists of several components, each of which must be satisfied in order to successfully complete the service. Following is an analysis of each of those components.<\/span><\/p>\n

In lieu of service under subsection (16) of this section…..
\n<\/em><\/span>The underlying meaning of this clause is apparent, the legislature would prefer that service on a person be made in the manner described in subsection (16).<\/span><\/p>\n

…where the person cannot with reasonable diligence be served as described, the summons may be served as provided in this subsection…<\/em><\/span>
\n The key words are “reasonable diligence.” The courts do not require process servers to use “every conceivable means” to locate a person but they do require that an “honest effort” be made.<\/span><\/p>\n

…and shall be deemed complete on the tenth day after the required mailing…<\/em><\/span>
\n Remember this. Doing so will save a serve. Not doing so will cost a serve. For example, you have a slip and fall case in which the plaintiff was paralyzed for life. The damages are, to say the least, major. The case was filed on the same day the statute was set to expire. The filing extended the statute for 90 days. During those 90 days you have been searching for the defendant but have not been able to locate him. However, you have located the place, a local mail drop, where he receives his mail. It is now 81 days since the case was filed. You finally decide to serve the defendant using paragraph 16. You do so and feel quite comfortable about the amount of diligence and effort you put into your attempts to locate the defendant. A few months go by and the defendant’s attorney sets a hearing for summary judgment to dismiss the case for lack of proper service. The reason, your service finalized one day after the final statute had run out. The service began on the day you left the documents at the mail drop but it wasn’t complete until 10 days later.<\/span><\/p>\n

…By leaving a copy at his or her usual mailing address with a person of suitable age and discretion who is a resident, proprietor, or agent thereof…<\/em><\/span>
\n This is reminiscent of the abode service method provided in 4.28.080(16)<\/a>. As with (16), this is both a benefit for the process server and a danger. The benefit is the ability to obtain service without actually presenting the documents to the servee personally. The danger, in terms of liability exposure for the process server, derives from the same thing – not presenting the documents to the target personally. See the section in this course which discusses (16) in detail and pay particular attention to the material covering abode service.<\/span><\/p>\n

…and by thereafter mailing a copy by first class mail, postage prepaid, to the person to be served at his or her usual mailing address…<\/em><\/span>
\n The first two parts of this requirement are straight forward. Mail a copy via first class mail and be sure to put the appropriate postage on it. The third part, send the mailing to the target’s usual mailing address is a little vague. No definition of “usual mailing address” is provided. A person can certainly receive mail at more than one location. The generally accepted address would that at which the documents were left with a resident, proprietor, or agent.<\/span><\/p>\n

For the purposes of this subsection, “usual mailing address” shall not include a United States postal service post office box or the person’s place of employment.<\/em><\/span>
\n The reason the United States Postal Service is excluded has to do with the fact that USPS is a branch of the federal government and is not subject to state law. The reason the target’s place of employment is excluded has to do with the history of the bill in the legislature which created this method of service and a later amendment. It is unfortunate the amendment completely excluded the place of employment even if that is where the person receives his mail. In any case, the wording is clear, do not perform this type of service at USPS or at the place of employment.<\/span><\/p>\n

Service Instructions Summary<\/strong><\/u><\/span><\/p>\n

Present the documents to:<\/strong><\/span><\/p>\n\n\n\n\n\n\n\n
\u00a0<\/span><\/td>\nWho<\/strong><\/span><\/td>\nWhen & Where<\/strong><\/span><\/td>\n<\/tr>\n
1.<\/span><\/td>\nA person of suitable age and discretion who is one of the following;<\/span><\/td>\nAnytime where the servee receives mail<\/span><\/td>\n<\/tr>\n
2.<\/span><\/td>\nA person of suitable age and discretion who is a resident or;<\/span><\/td>\nAnytime where the servee receives mail<\/span><\/td>\n<\/tr>\n
3.<\/span><\/td>\nA person of suitable age and discretion who is a proprietor or;<\/span><\/td>\nAnytime where the servee receives mail<\/span><\/td>\n<\/tr>\n
4.<\/span><\/td>\nA person of suitable age and discretion who is an agent<\/span><\/td>\nAnytime where the servee receives mail<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

NOTE: Service must occur where the servee receives mail but not at a US Post Office.<\/span><\/p>\n

NOTE: Service must occur where the servee receives mail but not at his\/her place of employment.<\/span><\/p>\n

NOTE: There is a mailing requirement.<\/span><\/p>\n

NOTE: There is a diligence requirement.<\/span><\/p>\n

NOTE: There is a 10 day set off before service is complete.<\/span><\/p>\n

NOTE: Extreme caution should be used if someone, not fitting these descriptions, says they have been \u201cauthorized\u201d to accept service.<\/span><\/p>\n

[glossary_exclude][qsm quiz=44][\/glossary_exclude]<\/p>\n","protected":false},"excerpt":{"rendered":"

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