PS 102 – Chapter 2 – An Introduction to Abode Service

Abode service is utilized by process servers on a massive scale. Indeed, it is probably the most used service type available. Unfortunately, it is also the type of service most challenged by defendants.

Abode service is also referred to as substitute service, residence service, residential service, and sub service. What ever the wording the meaning is the same.

Abode service can be described as follows: Service is made by presenting the service documents to a person who is not the person being served and under the particular circumstances described in the law.

RCW 4.28.080(15) governs this type of service. Here is the pertinent wording: “by leaving a copy of the summons at the house of his or her usual abode with some person of suitable age and discretion then resident therein.”

By parsing out the meaning of the RCW we find the following:

1. The documents must be presented to a person; and
2. The presentation must occur at the house of usual abode of the person being served; and
3. The person to whom the documents are presented must be of suitable age; and
4. The person to whom the documents are presented must be of suitable discretion; and
5. The person to whom the documents are presented must also be a resident in the same abode as the person being served.

This actually sounds relatively simple. And it is, most of the time.

For instance, a common serve of a summons and complaint might include service on Tom Jones and Mary Jones who are husband and wife and live together at a certain location. The process server goes there and knocks on the door. A man answers the door. The process server verifies the man is Tom Jones. The process server verifies that Mary Jones also lives there with Tom Jones. The process server then presents two sets of documents to Tom Jones. One set is for Tom personally. The other set is for Mary.

Again, this sounds so simple. But there are any number of ways in which the service can fail. Such failure is often caused when someone makes an assumption. For instance:

1. The process server’s client assumes they are sending the process server to the correct address after finding that address in the telephone book.
2. The process server assumes that Tom and Mary are living together and fails to verify this at the time of service. Only later is it learned that Tom and Mary were recently divorced.
3. The person at the door lies to the server about their residency or the residency of the person being served.

The statute is full of words which can be interpreted in several ways. For instance:

1. What does “house of usual abode” mean?
2. What is “suitable age”?
3. What is “suitable discretion”?
4. What does “resident” mean?

Over time each of these questions have come before the Court of Appeals or the Supreme Court. These are the courts which decide what those words and phrases mean.

Abode service is a great tool to have but it must be treated with respect and caution. It is important to understand how the court interprets each aspect of it.