Ask Me Help Desk - Do I have to be served for a judgement in WA. State?

My daughter owes a debt at a collection agency. She does not live with us but a process server came to our door and served the papers on my husband. They said that this is one of her known addresses so that is all they have to do. I thought the papers had to be served on my daughter. Is this the case or can they be served to anyone, anywhere? We live in Washington State. Thanks for any help you can offer.

So you are saying you are not in contact with your daughter to forward the papers to her? All a court really cares about is that the defendant knows about the suit.

The papers weren't served to "anyone, anywhere", they were served to a known address of the defendant, delivered to people who know the defendant.

Does your daughter owe this debt? Trying to avoid it by dodging service is not going to work.

Yes I know where she is but I thought she had to be served for a judgement to be granted. She can't pay it. She is a single mom with 2 kids and is working less then 20 hours a week and going to school. She has made some poor choices in the past but is trying very hard to be a good mom and get an education. I know this isn't the only thing she owes. I have no idea the total amount but this is $4900 alone. Do you know if there is anywhere in Wa. That can help her with her legal matters?

Quote:

Originally Posted by datagirl

Yes I know where she is but I thought she had to be served for a judgement to be granted. She can't pay it.

Hello data:

It doesn't matter now. By the time you get it straightened out, she'll have LOST. As such, when they win, which they will, they'll be able to empty her bank account and garnish her wages... If the suit goes to judgment, the amount she owes will most likely DOUBLE because of legal fees and court costs.. Plus, if she can negotiate a settlement BEFORE it goes to court, she can probably get the bill down to $.50 on the dollar... That would be the thing to do... The only place to get help in Washington state is from her parents - you.

excon

According to WA state law RCW 4.38.080-.090

(15) In all other cases, to the defendant personally, or by leaving a copy of the summons at the house of his or her usual abode with some person of suitable age and discretion then resident therein.

(16) In lieu of service under subsection (15) 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" shall not include a United States postal service post office box or the person's place of employment.

In other words, it is not absolutely necessary for her to be served personally for the plaintiff to get a judgement. In fact, now that you were served on her stead, she has 20 days to answer the summons, otherwise they will get a default judgment.

Again, dodging service is not going to work.

There are lots of threads here with advice on dealing with a suit over credit default. I suggest she review them. Local law schools often have clinics to help people with legal issues.

To agree with Scott, what they did was and is common service, They were giving service to a known address. You accepted and/or acknowledged you knew her.

It would appear she has not given them her correct or current address.

At this point, if she does not appear, they will hold court and they will win any and everything they are asking for.

Or you can give her the info, let her appear and try to challenge or fight it.

Ignoring it will not make it go away or not happen

Her not filing an answer to this suit will result in a judgment being entered against her. Dodging service or trying to deny suit was served will not work. Best to forward it to her immediately so she can file a written answer to the court. That will buy her some time, but not much. She can go plead her case to the judge trying to not have such a large judgment entered but it may or may not help.