Full question:
When filing a civil claim and complaint in the state of Washington where I had a tenant who left owing rent,etc. and moved to CA. Can I file in Washington and have them served by a process server in CA.? I did this and the judge said there was a problem with jurisdiction and the service. I looked at the service paper work and it was not notorized and it was written up like it was a CA document. Should I refile the case (its been almost 2 years) or just fix the affidavit of service on the original claim and complaint or amend the original claim and complaint. then, of course, make sure the affidavit of service is notorized and reads more like a washington aff. of service? If I amend the original or have it refiled, I will have to have the claim and complaint served again.
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Washington
Answer:
In addition to the mandatory requirement of having subject-matter jurisdiction, a court needs to acquire in personam jurisdiction over the respondent/defendant. Any order issued by a judge when both subject-matter jurisdiction and in personam jurisdiction has not been properly conferred is void, of no legal force or effect.
In personam jurisdiction is obtained when the respondent/ defendant is properly served with a summons and complaint either by certified mail, by personal service, or by publication (only rarely used and only when the address of the respondent/defendant is unknown).
In order to serve a defendant with the state's long arm statute, the defendant must have minimum contacts with the state. Minimum contacts can consist of either some type of systematic and continuous contact with the forum ("general jurisdiction"), or isolated or occasional contacts purposefully directed toward the forum ("specific jurisdiction"). A single contact can suffice to establish personal jurisdiction, but where jurisdiction is based on a single contact, the nature and quality of the contact is determinative. The principal test of foreseeability in a due process analysis "is that the defendant's conduct and connection with the forum state are such that he should reasonably anticipate the possibility of defending a suit in the forum.
When a pleading is filed, the opposing party typically must e served with a copy. A court can obtain personal jurisdiction if both parties consent to it. For example, a defendant may consent to the court's jurisdiction by filing a response to the lawsuit with that court. As a condition of incorporating or doing business in the state, a company is often required to consent, in advance, to personal jurisdiction in the state and to provide the Secretary of State with an agent to accept service of process. A person may grant consent by signing a contract that has a provision requiring you to agree in advance to the personal jurisdiction of a state.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
