LAWSUIT

(EVICTION SUMMONS AND UNLAWFUL DETAINER COMPLAINT)


If the tenant does not comply with the eviction notice within the specified time, we would begin the lawsuit.   This starts by serving the tenant a Summons and Complaint.   The documents must be personally served (handed) to the tenant or adult occupants.  I would hire a process server to serve. Once the tenants have been served, they will have a deadline for which to respond to the lawsuit, a minimum of seven days.  If the tenant is evading service, and personal service cannot be achieved, an Order of Alternative Service would allow us to serve by posting and mail.   

FORM & CONTENT

The Complaint and Summons was properly prepared and served by RCW 59.18.070-080, and RCW 4.28.080 (15).  The Complaint must set forth the facts on which the Plaintiff seeks to recover, describe the premises with reasonable certainty, and claim damages thereof, or compensation for the occupation of the premise, or both.  In the case of an unlawful detainer based on non payment of rent, the complaint must state the amount of such rent due and owing.  RCW 59.12.070.

       

PROCEDURE

     A summons must be returnable at a day designated therein, which shall not be less than seven nor more than thirty days from the date of service.  The summons must state the names of the parties to the proceeding, the court in which the same is brought, the nature of the action, in concise terms, and the relief sought, and also the return day; and must notify the defendant to appear and answer within the time designated or that the relief sought will be taken against her.

            The summons must be served and returned in the same manner as summons in other actions are served and returned.  RCW 59.12.070.  This would mean to the defendant personally or by leaving a copy of the summons at the house of her usual abode with some person of suitable age and discretion then residing therein.  RCW 4.28.080.