Legal Question in Civil Litigation in Washington

Service of Summons and Complaint

We were served with a Summons/Complaint that has not been filed with the Court for monies owed. Since the Summons/Complaint have not been officially filed with the Court and the Summons claims a lawsuit has been started against us and an Answer is due, is the Answer to the Complaint technically due 20 days from the date the lawsuit has actually been filed or 20 days from personal service of the Summons? (We wrote the opposing attorney a letter (within the 20 day time period) asking for a case number/case schedule, however, he still has not filed lawsuit.) He claimed that if we made a payment, he would not file the lawsuit However, since we were in touch with him, that he did not intend to file a motion for default whether we sent payment or not. At what point can he file for a motion for default even though the unfiled Summons/Complaint has been officially served, but not filed with the Court?


Asked on 2/12/02, 6:55 pm

1 Answer from Attorneys
Gary Preble Preble Law Firm, P.S.

Re: Service of Summons and Complaint

1. If it is in Superior Court, CR 3 says a suit is commenced EITHER by serving the summons and complaint OR by filing a complaint. You may also demand that the suit be filed. I suggest you send him an Answer, admitting, denying, or saying you are without knowledge as to each paragraph or part of a paragraph in the complaint. Then you don't have to worry about the issue of default. Your answer doesn't need to be lengthy. See CR 8(b). You can look up the court rules at http://www.courts.wa.gov/rules/list.cfm?group=sup&set=CR. (Also check for any local rules for your county at http://www.courts.wa.gov/rules/local.cfm?group=superior)

2. If the case is in district court, a suit is only commenced by filing the complaint. From a reading of the CRLJ, my position would be that the service on you means nothing if the complaint has not first been filed. See CRLJ 3. You can see the district court rules at http://www.courts.wa.gov/rules/list.cfm?group=clj&set=CRLJ, and any local District Court rules at http://www.courts.wa.gov/rules/local.cfm?group=district.

3. As to default, in Superior Court your time begins to run from when you were served. See CR 55 for the rule on defaults. In District Court, the time begins with the filing. See CRLJ 55 for the rule on default in District Court.

4. Of course, if you owe the money, you are better of working with the other side. If you deal fairly with the attorney, or if you have a good defense, you may be able to negotiate an agreeable resolution.

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Answered on 2/13/02, 3:55 am


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