Seattle, WA asked in Bankruptcy, Consumer Law and Collections for Washington

Q: Does a husband have to accept from a process server a summons that names only the wife on it? Or has to give to her?

A process server came to our door trying to serve a summons to my wife and her name is the only one on it not mine. It’s not my credit account either. Do I by WA State law have to accept her summons if I’m approached by the server?

2 Lawyer Answers

A: No. You do not have to accept the summons.

James L. Arrasmith
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Answered

A: In Washington State, you are not legally required to accept a summons on behalf of your spouse if your name is not on the document. If the process server is attempting to serve papers to your wife, the responsibility to deliver them lies with the server, not with you. You do not have to accept or hand over any legal papers unless your name is specifically mentioned.

Process servers typically aim to deliver documents directly to the individual named. If your wife is unavailable, the server may attempt to serve her at another time or use alternate methods allowed by law.

You have the right to decline accepting the summons, and it would then be up to the process server to complete service in another way.

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