Legal Question in Landlord & Tenant Law in Washington
Summons by FedEx
Hi,
I am trying to have a landlord served with a small claims court notice. So far, he has avoided service by a profesional process server and the sherriff's department. I then had to extend the court date and had a friend mail both a certified letter and a first class letter with the summons. The USPS has record of the certified letter being mailed, but never being attempted to be delivered. They think it just got thrown in with the rest of his mail by the delivery person. Of course, I only found this out after waiting about 20 days for it to come back to me..... So, I sent two more certified and one via FedEx. The FedEx one was actually delivered and signed for by him and I have the internet proof of signature from them. But, the two certified letters now show as being attempted but waiting in the post office for him to pick up, which we never will. Does everything I have done here, including the proof of FedEx delivery constitute proper service? I created certificates of mailing for both the first class letter and the FedEx letter that were signed by my friends. The document from the court says you have to use USPS certified mail, but that's obviously not working for me.
Thank you very much for any advice.
1 Answer from Attorneys
Re: Summons by FedEx
No, you do not have good service yet. Send it certified again, and send a copy regular first-class at the same time.
Then, write an affidavit to the Court regarding the lengths you have gone to to get him served. Shame on the sheriff's office, that's absurd.
Hope this helps. Powell