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P. Simmons
P. Simmons, Attorney
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I live in Washington State, Jefferson County, and was mailed

Resolved Question:

I live in Washington State, Jefferson County, and was mailed a subpoena to a civil case in the local Superior Court. It came by regular mail and was incorrect in my first name. Can I just ignore this summons?
Submitted: 5 years ago via RomingerLegal.
Category: Legal
Expert:  P. Simmons replied 5 years ago.
Thanks for the chance to assist

Here is the rule in WA for service

http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=sup&set=CR&ruleid=supcr45

From the text

) Service.

(1) A subpoena may be served by any suitable person over 18 years of age by giving the person named therein a copy thereof, or by leaving a copy at the place of such person's abode. When service is made by any person other than an officer authorized to serve process, proof of service shall be made by affidavit.


So in WA service by mail is allowed.

The fact your first name is XXXXX XXXXX not typically be a fatal error, I would encourage you to honor the subpoena





Please let me know if you have more questions and I will do my best to assist, otherwise, please accept so I may get credit for my work.


Customer: replied 5 years ago.
The mail service was general mail, not a receipt type of mail and just placed in our rural mailbox, so I easily could have not received it.
Expert:  P. Simmons replied 5 years ago.
As you can see from above,

or by leaving a copy at the place of such person's abode.


Here, the mail will suffice.

I am not sure I understand your question...you currently have the subpoena...would you plan to lie and say you never received it?


Customer: replied 5 years ago.
Well, two things come to mind, it wouldn't actually be a lie as the mail came with one subpoena for my husband and another envelope with an incorrect name, Christine not Christy so my husband opened his and threw mine away. I am assuming it contained the same thing. I don't see how the affidavit would be obtained, as the rural carrier did not have a signature type of mail.
Expert:  P. Simmons replied 5 years ago.
From what you have described, I believe that WA service has been met, under the statute.

The affidavit would be that the affiant sent the subpoena via the mail.

If push comes to shove, you would find yourself answering a judges questions if you or your husband received this subpoena.





P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26856
Experience: 16 yrs. of trial experience
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