12.04.020 - Action to recover debt -- Summons -- Service.

Action to recover debt — Summons — Service.

A party desiring to commence an action before a justice of the peace, for the recovery of a debt by summons, shall file his or her claim with the justice of the peace, verified by his or her own oath, or that of his or her agent or attorney, and thereupon the justice of the peace shall, on payment of his or her fees, if demanded, issue a summons to the opposite party, which summons shall be in the following form, or as nearly as the case will admit, viz:


The State of Washington, |

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|     ss. . . . . . . . . . . . . . . . County.   To the sheriff or any constable of said county:      In the name of the state of Washington, you are hereby commanded to summon . . . . . . if he or she (or they) be found in your county to be and appear before me at . . . . . . on . . . . day of . . . . . . at . . . . o'clock p.m. or a.m., to answer the complaint of . . . . . . for a failure to pay him or her a certain demand, amounting to . . . . . . dollars and . . . . cents, upon . . . . . . . . . . . (here state briefly the nature of the claim) and of this writ make due service and return.      Given under my hand this . . . . day of . . . . . 19. . .   . . . . . . . . . . . . , Justice of the Peace.


And the summons shall specify a certain place, day and hour for the appearance and answer of the defendant, not less than six nor more than twenty days from the date of filing plaintiff's claim with the justice, which summons shall be served at least five days before the time of trial mentioned therein, and shall be served by the officer delivering to the defendant, or leaving at his or her place of abode with some person over twelve years of age, a true copy of such summons, certified by the officer to be such.

[2010 c 8 § 3001; Code 1881 § 1713; 1873 p 335 § 20; 1860 p 245 § 29; RRS § 1758.]