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RONB-ESQ
RONB-ESQ, Lawyer
Category: Legal
Satisfied Customers: 357
Experience:  Right of Way Manager at Access Midstream Partners, LP
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A lawyer is emailing service even though I told them No I

Customer Question

A lawyer is emailing service even though I told them No I will not except any service by email. is it my right to deny email as a form of serving me legal notice?
Submitted: 9 months ago.
Category: Legal
Expert:  RONB-ESQ replied 9 months ago.

Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

Expert:  RONB-ESQ replied 9 months ago.

Are you in a lawsuit and the other party is represented by this attorney? If so did you file your papers electronically?

Expert:  RONB-ESQ replied 9 months ago.

Here is the Washington civil rule regarding service. If you will scroll down to 7 you will see the rule regarding service by other means.http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=sup&set=cr&ruleid=supcr05 if you are in a lawsuit and this attorney represents the other side he has to get your written permission to serve by email unless the Local Court rules where your case is being handled allow for electronic service.

If you filed documents electronically to file a lawsuit then you usually have to click a yes or no to agree to accept service by email. You have not answered yet so I just tried to answer based on the information you provided.

If you are not in a lawsuit with a party represented by this attorney then simply send his email to junk mail. DO NOTE that if you are unsure if you are in a lawsuit with this person it is best to find out and make sure so they don't simply try to claim they gave you notice and then have a hearing without you.

Does that answer your question? If so thank you in advance for providing me positive feedback as that is the only way I am credited for answering your question Do note that after leaving positive feedback you are welcome to reply here with as many follow up questions as are needed to answer the question you posted for free.

Regards,

Ron

Customer: replied 9 months ago.

this does not answer my question, do i or do I not have a right to say no to email as a form of service? I replied to the email stating you cant contact me this way, (Emailing) and to serve me the way I serve them in person and/or by cert mail. and That I have not received anything from them i December or in January . Is there a rule or something I can use in my reply of this motion? something that states all parties have to agree to make it legal ?

Expert:  RONB-ESQ replied 9 months ago.

Did you not go to the link I posted above and read the rule related to electronic service? That is Washington Civil Rules of Procedure and unless the local court has a different rule it applies. I am unsure what else I can tell you. If you read the document sent it says the parties must agree in writing, but then provides that local court rule may change that. I don't know what county you are in so i did not look up that counties rules. If you want to tell me the county you are in I can look up that County and see if they have any County rules that supersede the rules in the link above I posted at 8:04 PM my time.

Customer: replied 9 months ago.

i did look at it I live in Skagit county

Expert:  RONB-ESQ replied 9 months ago.

Did you review this section?

(7) Service by Other Means. Service under this rule may be made by delivering a copy by any other means, including facsimile or electronic means, consented to in writing by the person served or as authorized under local court rule. Service by facsimile or electronic means is complete on transmission when made prior to 5:00 p.m. on a judicial day. Service made on a Saturday, Sunday, holiday or after 5:00 p.m. on any other day shall be deemed complete at 9:00 a.m. on the first judicial day thereafter; Service by other consented means is complete when the person making service delivers the copy to the agency designated to make delivery. Service under this subsection is not effective if the party making service learns that the attempted service did not reach the person to be served.

That requires that the attorney obtain your consent in writing to fax or email. Here is Skagit County local rules http://www.skagitcounty.net/SuperiorCourt/Documents/2013-2014%20LOCAL%20COURT%20RULES.pdf

I reviewed them and find nothing related to allowing electronic notice/service in fact no reference to notice other than time frames. Therefore, you could just cite the above section and tell the attorney to mail it to you this is the last time you respond via email or you could just mail him a letter and cc the Court clerk with your case number ***** he can't claim he emailed you some notice.

Ron

Customer: replied 9 months ago.

that does help. I am doing my response for his motion so I will use it in that as well. is it best to serve the judge as well so he can see how many times i have said not to email me ?

Expert:  RONB-ESQ replied 9 months ago.

Agreed it never hurts to at least make sure the judge knows what is happening behind the scenes. Important also that you have a record in Court file that you don't consent to electronic service/notice.

Does that answer your question? If so thank you in advance for providing me positive feedback as that is the only way I am credited for answering your question Do note that after leaving positive feedback you are welcome to reply here with as many follow up questions as are needed to answer the question you posted for free.

Regards,

Ron

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