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Problems filing a small claims action on out of state landlord?

Asked over 2 years ago - Bellevue, WA

Ok, after reading the advice on here I went down to the courthouse and filed a small claims case to get my deposit back from my landlord. The problem is the clerk told me that while she would take the paperwork and my money she wasn't sure that the judge would accept service from out of state. So I mailed off the landlord's copy (certified restricted delivery) but I'm wondering if I am going to need a lawyer and to go to "real" court for this.

The landlord was local until about 6 months ago when he moved to California.

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Attorney answers (1)

Elizabeth Rankin Powell

Reputation Level 20

Answered over 2 years ago. Landlord / Tenant Lawyer in Tacoma, WA.

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Washington allows you to serve an out of state defendant for a small claims deposit action. Here is why: The jurisdiction of the action is partially in rem - your lawsuit arises out of a contract for real property located here. Thus the District court has jurisdiction to issue a decision for you. If you look in Title 12 under Small Claims you will see the language you need to reassure yourself. Also, the RLTA requires a landlord who owns property here to have an agent here for exactly this purpose.

There is a reason why clerks are not allowed to give legal advice.

Hope this helps. Elizabeth Powell

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