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Chapter 18.180 RCW

PROCESS SERVERS

RCW Sections

18.180.010Requirements for process servers -- Exceptions.
18.180.020Registration renewal.
18.180.030Identification of process server on proof of service.
18.180.035Fees -- Limitations.
18.180.040Collection of costs of service -- Application.
18.180.050Registration suspension -- Nonpayment or default on educational loan or scholarship.
18.180.900Construction -- 1992 c 125.


18.180.010
Requirements for process servers — Exceptions.


     *** CHANGE IN 2014 *** (SEE
6115.SL) ***

(1) Except as provided in subsection (2) of this section, a person who serves legal process for a fee in the state of Washington shall:

     (a) Be eighteen years of age or older;

     (b) Be a resident of the state of Washington; and

     (c) Register as a process server with the auditor of the county in which the process server resides or operates his or her principal place of business.

     (2) The requirements under subsection (1)(b) and (c) of this section do not apply to any of the following persons:

     (a) A sheriff, deputy sheriff, marshal, constable, or government employee who is acting in the course of employment;

     (b) An attorney or the attorney's employees, who are not serving process on a fee basis;

     (c) A person who is court appointed to serve the court's process;

     (d) A person who does not receive a fee or wage for serving process.

[2010 c 108 § 1; 1992 c 125 § 1.]




18.180.020
Registration renewal.

A process server required to register under RCW 18.180.010 must renew the registration within one year of the date of the initial registration or when the registrant changes his or her name, the name of his or her business, business address, or business telephone number, whichever occurs sooner. If the renewal is required because of a change in the information identifying the process server, the process server must renew the registration within ten days of the date the identifying information changes. The process server shall pay the registration fee upon renewal.

[1992 c 125 § 3.]




18.180.030
Identification of process server on proof of service.

(1) A process server required to register under RCW 18.180.010 shall indicate the process server's registration number and the process server's county of registration on any proof of service the process server signs.

     (2) Employees of a process server required to register under RCW 18.180.010 shall indicate the employer's registration number and the employer's county of registration on any proof of service the registrant's employee signs.

[1992 c 125 § 4.]




18.180.035
Fees — Limitations.

(1) A process server required to register under RCW 18.180.010(1) or exempt from registration under *RCW 18.180.010(2) (a), (c), or (d) shall be allowed to charge and collect the following fees in civil actions, suits, and proceedings for each service assignment delivered to the process server for service:

     (a) If the fee is not greater than one hundred dollars, then the actual amount charged to a party for service;

     (b) If the fee is greater than one hundred dollars, then a reasonable amount charged to a party for service.

     (2) Any fees allowable under this section, and actually charged by a process server, shall be a reasonable cost awarded to, and recoverable by, the party incurring same if that party prevails in an action.

[2007 c 121 § 2.]

Notes:

     *Reviser's note: RCW 18.180.010 was amended by 2010 c 108 § 1, deleting subsection (2)(d).




18.180.040
Collection of costs of service — Application.

(1) Except as provided in subsection (2) of this section, any person who is otherwise entitled to collect the costs of service of process shall not be entitled to collect those costs if the person does not use a process server who under this chapter either is required to register or is exempt from the registration requirement.

     (2) The person may collect the costs of the service of process if the process server registers within forty-five days after serving the process.

     (3) This section shall apply to all process served on or after August 1, 1992.

[1992 c 125 § 5.]




18.180.050
Registration suspension — Nonpayment or default on educational loan or scholarship.

The auditor of the county shall suspend the registration of any person who has been certified by a lending agency and reported to the auditor of the county for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's registration shall not be reissued until the person provides the auditor of the county a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for registration during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the auditor of the county may impose.

[1996 c 293 § 25.]

Notes:

     Severability -- 1996 c 293: See note following RCW 18.04.420.




18.180.900
Construction — 1992 c 125.

Nothing in this act modifies Superior Court Civil Rule 4.

[1992 c 125 § 7.]