Are you considered served a summons if the infraction sent by uncertified mail was not returned to sender (county clerk)

Asked over 1 year ago - Poulsbo, WA

according to a judge in county court , because the infraction for not having a maintenance contract with a privately owned business for on-site sewage system was not returned to the court as undeliverable they assume that i received the summons, i never received the summons and it was sent as uncertified mail. how can they assume that I'm lying when they have no signature of mine on infraction or any way of confirming that I received the summons.. Now I've missed my court date and they granted judgment of the fine to county and the first i hear about it is when I'm summoned by collection company lawyer.

Attorney answers (1)

  1. Adam Joseph Yanasak

    Contributor Level 12

    Answered . Lack of notice, and lack of proper service of a summons are issues that can be raised to defend/challenge these sorts of actions. When documents are served by mail (if allowed by court rule and served properly), there can be a presumption of valid service after a certain number of days. But, whether or not this actually occurred in your case is something that a lawyer could help you determine. You should consult with a local attorney who practices in this area of law.

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