How to Serve a Small Claims Lawsuit
My question involves small claims court in the state of: Washington, King County
I'm curious what the best method of serving the notice is.
Sheriff? Processing service? My business is collecting on old tenants who used us as a business service or for business identity (mailing address, etc).and did not pay.
Unsure whether we should sue the person in question or their business (We've included information on both in the paper).
If there is a company on the contract and an individual with a personal guarantee, can we just go file for the personal guarantee or do we have to file for the company as well?
Any thoughts for what the most economical and efficient solution is? It looks like the Sheriff is the guaranteed, albeit more expensive route. I'm a bit concerned by many of these businesses saying "three attempts" or etc. since I'm not sure how many "attempts" the typical process takes.
Re: How to Serve a Small Claims Lawsuit
The official information:
Quote:
Quoting Serving The Notice
The clerk will assist you with forms and general information about the process. The clerk is not allowed to give legal advice. Service of the claim form can be accomplished by any of the following:
- The Sheriff's Office;
- A process server;
- Any person of legal age (18) who is not connected with the case either as a witness or as a party; or
- By mailing the copies to the defendant by registered or certified mail with a return receipt requested.
The
Notice of Small Claim must be served on the defendant not less than ten (10) days before the first hearing. A return of service, or mail return receipt bearing the defendant's signature, must be filed at or before the time of the first hearing. You cannot personally serve the claim. See RCW Chapters
4.28 and
12.40, and
CRLJ 5 for more detailed information.
It generally makes little sense to sue a guarantor without suing the person principally liable for the debt, and whether or not it would make sense to do so will depend on the facts of the case and the terms of the contract.
If the claim is so small or the chances of recovery so slight that it's not worth paying a process server in anticipation of recovering those costs at the successful conclusion of your lawsuit, you need to consider whether it's worth suing as opposed to using other methods of collection.
Re: How to Serve a Small Claims Lawsuit
I'm aware of the options, but I'm curious what the previous experience of others on the board says about the superior option insofar as sheriff or process server. Or does it not matter and you feel they are equally likely to succeed at their given price?
The claims are all more than enough, and I suspect should be easy enough to collect on but we're finally hitting a large file of tenants who failed to pay and negatively impacted our business. So throwing out a dollars all at once is not a particularly appealing notion, so I'd prefer to be confident the money is well spent.
Re: How to Serve a Small Claims Lawsuit
The cost of process service can vary enormously based upon how difficult it is to serve a given defendant. Find a process server or court officer who you trust and develop a relationship.
Re: How to Serve a Small Claims Lawsuit
Quote:
Quoting
Iblis
I'm aware of the options, but I'm curious what the previous experience of others on the board says about the superior option insofar as sheriff or process server. Or does it not matter and you feel they are equally likely to succeed at their given price?
The claims are all more than enough, and I suspect should be easy enough to collect on but we're finally hitting a large file of tenants who failed to pay and negatively impacted our business. So throwing out a dollars all at once is not a particularly appealing notion, so I'd prefer to be confident the money is well spent.
I owned rentals for 20 years and always used private process servers after having a bad experience with a sheriff who couldn't find his butt if it was pointed out to him.
That's my opinion for the two cents that it's worth.
Re: How to Serve a Small Claims Lawsuit
Everyone in the office just got a hearty laugh, thank you!