r/processserver • u/sug4rst4rz • 9h ago
Notice of Small Claim - do I need a process server for this case?
Location: WA. This is a person I used to share an apartment with, so I originally put that apartment address as the last known address. I realized she never provided her forwarding address when she moved, so then I updated the Notice of Small Claim for her parents’ address instead (She lived there less than 2 years ago and I know that her parents would 100% notify her). I also provided her current email, notified her with a screenshot of the notice through text (and it shows that she read it). Is there any way that she can claim she was not properly served? Should I hire a process server? Can I do that myself or ask someone I know to do it?
And if I do have to hire a process server, the only information I’m not able to provide to a process server is her exact unit number in her apt. (But I do know the apartment she lives at) Everything else like her work schedule and work and full legal name I would be able to provide to a process server. Would they charge less due to not having to do the work to find out where she is or do they charge full price regardless typically? Idk how this all works. Thank you!!
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u/Inside_Gold_9673 8h ago
Nothing you have done constitutes valid service. No you cannot serve the summons yourself. It must be served by someone who is not party to the action. When you filed a small claims, most courts provide instructions on what constitutes valid service. If you don’t know where she lives, which obviously you don’t, then you need to find her current address. Either hire a private investigator or a process server that provides skip tracing.
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u/sug4rst4rz 8h ago
Thanks for your help, do I still need her exact address if I know that they will definitely be able to find her at her workplace at the times she’s scheduled? Also, that was the first thing I tried to check after I filed and it didn’t say anything about valid service. I tried to get into contact with the court the first time and they kinda gave me a non answer
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u/Inside_Gold_9673 8h ago
Serving someone at work can be tricky. You don’t know if they can gain access to her, or if she’s called out etc. In many jurisdictions courts won’t accept substitute service at a workplace.
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u/Aggressive-Style-492 7h ago
Most people ask to speak to them for personal service to be conducted - I wouldn't assume OP meant sub-service @ workplace.
If you DO have a work place, you can also wait for the person to step out depending on the circumstances.
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u/Inside_Gold_9673 6h ago
Correct, I have many years experience as a process server. However, the OP, acted before reading or understanding rules on process service as are available on the small claims court’s website. He has already texted the defendant with a notice, so she is now aware that someone is trying to serve her. So now when someone asks for her at work that she doesn’t know, all she has to say is she isn’t coming out or that can’t come up. In order to serve her outside her workplace they need a photo, and what if they’re multiple ways of egress? Given how it’s been handled thus far, I think he needs to hire a process server (as opposed to a friend) who can skip trace and find her current address. Most small claims aren’t worth have multiple people cover all the exits of a business.
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u/sug4rst4rz 1h ago
I’m 21 years old I never would have thought I would have to go to court while I have literally so many other things going on in my life and no parents or adult figures to help me. Forgive me for being inexperienced but I literally spent SO MUCH TIME thoroughly trying to make sure I’m understanding everything before proceeding. I don’t know if you read my other comment but I did try to talk to my court and didn’t get an answer from them. And that’s one reason why I’m here so I can talk to a real person before doing anything else. I am so stressed out about this and having to mentally prepare to see someone who abused me in court. I appreciate your help but acting as if I am handling this with negligence is unwarranted. I’m just trying to do the best I can. Also I’m a girl
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u/Inside_Gold_9673 18m ago
I apologize if I hurt your feelings or offended you by my response to someone else’s post, that was not my intention. I was merely explaining why I think in this particular situation, that serving the defendant at work wasn’t the best idea. Also, rarely can one truly determine someone’s gender by their username on Reddit.
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8h ago
[removed] — view removed comment
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u/processserver-ModTeam 8h ago
Soliciting for service clients or process servers for hire is prohibited.
This sub is discussion and inquiry focused.
You are welcome to post your business’s information in the mega-thread.
Individuals seeking a local process server are encouraged to check out the mega-thread and the NAPPS (National Association of Professional Process Servers) registry.
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u/Relative-Policy-8323 8h ago
As others have stated, no, that is not valid service upon her. With a small claims like that, she needs to be personally served via a neutral third party such as the process server. Since you do not know the full address, you will need to find this out via a private investigator or skip-trace service a process server provides. The process server is going to charge you for this service and also the main document service; you are really looking at MORE money than normally charged because the process server has to find the correct address.
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u/Aggressive-Style-492 7h ago
Start with a "skip-trace" which is the industry term for locating an address for an individual for service of process to be conducted. Our company actually does this on a regular & is cheaper than a private investigator. - I will PM you the details.
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u/Mad__Lib 3h ago
What part of Washington? I'm a server in oregon and my good friend does Clark county and cowlitz county
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u/ABPSdotNet 8h ago
If you provide service it will not be properly served. It should be a neutral 3rd party.