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PROCESS SERVICE FEE'S - A CASE OF FIRST IMPRESSION?

Seattle, WA |

A PROCESS SERVICE COMPANY MUST BE REGISTERED TO ACCEPT A FEE FOR PROCESS IN WASH . ACME PROCESS SERVICE COMPANY SUBCONTRACTS WITH ANOTHER PROCESS SERVICE COMPANY TO SERVE LEGAL PAPERS . ACME PAYS 30 . 00 PER SERVE FOR A TOTAL COST OF 168K IN FEE'S TO BE BILLED TO THEIR CLIENT . QUESTION ? CAN ACME CHARGE AN ADDITIONAL FEE ( DOUBLE ) TO THEIR CLIENT , WITHOUT BEING A REGISTERED PROCESS SERVICE COMPANY ? SIMPLY PUT , CAN ACME USE THE HIRED SUBCONTRACTOR'S REGISTRATION # AND CHARGE THEIR CLIENT 60 . 00 WITHOUT BEING REGISTERED THEMSELVES ? IT SEEMS TO ME THAT SINCE THE HIRED COMPANY IS THE ONLY COMPANY IN WASH WHO IS REGISTERED TO CHARGE A FEE IN THE FIRST PLACE , THEN THE HIRED COMPANY HAS A RIGHT TO THE 60 . 00 FEE . OR ACME NEEDS TO RETURN 30 . 00 TO THEIR CLIENT . .

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Attorney answers 3

Best Answer
Posted

YOUR QUESTION IS VERY SPECIFIC AND ANY REASONABLE ANALYSIS OF IT WOULD REQUIRE AT A MINIMUM A REVIEW OF (1) WA LAW AND (2) BUSINESS DOCUMENTS ESTABLISHING THE RELATIONSHIP BETWEEN ACME AND ITS SUBCONTRACTOR AND (3) ANY DOCUMENTS/STATE LICENSES/QUALIFICATIONS THE SUBCONTRATOR MAY OR MAY NOT HAVE REGARDING ITS CERTIFICATIONS. AT LEAST TWO OF THE THREE TASKS (AND MAYBE MORE) CAN'T BE ACCOMPLISHED IN THIS KIND OF A FORUM. DEPENDING ON YOUR STANDING, RECOMMEND YOU SIT DOWN WITH A WA ATTORNEY AND HAVE A CHAT, DETERMINE IF YOU ARE THE APPROPRIATE PARTY TO RAISE SUCH AN ISSUE; IDENTIFY WHETHER YOU HAVE SUFFERED DAMAGES; DISCUSS YOUR ABILITY TO SUSTAIN A SUIT TO RECOVER LOSSES OR DAMAGES, AND DETERMINE WHAT COUSE OF ACTION BEST SUITS YOUR CIRCUMSTANCES AND DESIRES. I WISH YOU THE BEST OF LUCK.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

Posted

I agree with attorney Rafter, however, call and ask ACME for a $30.00 refund and explain why and see what they say in response?

Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

Great counsel! Wish I'd recommended it myself.

Posted

The prior answer is correct. This is truly a question for peer to peer. If the author of the question is an attorney I suggest becoming a member of the Washington State Association for Justice (formerly the Washington State Trial Lawyer's Association) as they have many peer to peer blog and open format sites for questions like this. The WSBA also offers such blogs for members. If this is a lay person I suggest an appointment with someone who is a member of one of those organizations.

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