{"id":2219,"date":"2018-04-07T13:47:59","date_gmt":"2018-04-07T21:47:59","guid":{"rendered":"http:\/\/trainingpips.com\/?page_id=2219"},"modified":"2019-04-18T03:23:10","modified_gmt":"2019-04-18T11:23:10","slug":"ps-102-chapter-4-article-3-due-diligence-chase-v-carney","status":"publish","type":"page","link":"https:\/\/www.trainingpips.com\/index.php\/ps-102-a-course-outline\/ps-102-understanding-case-summaries\/ps-102-chapter-4-an-introduction-to-due-diligence-case-law\/ps-102-chapter-4-article-3-due-diligence-chase-v-carney\/","title":{"rendered":"PS 102 – Chapter 4 – Article 3 – Due Diligence – Chase v. Carney"},"content":{"rendered":"

Summary
\nChase v. Carney, 199 Wash. 99, 90 P.2d 286 (1939).<\/strong><\/span><\/p>\n

Facts<\/strong><\/span>
\nCarney brought an action<\/a> for a bond foreclosure<\/a> and service was made on Mr. Chase by publication.  The person<\/a> making the affidavit<\/a> for publication made no investigation or inquiry as to the residence of Mr. Chase, but used information<\/a> that he was not a resident furnished by another person<\/a> who did an inquiry, including looking for Mr. Chase in a telephone directory in Seattle.<\/span><\/p>\n

Mr. Chase, who was actually residing in Wenatchee, sought to set aside the sheriff’s deed<\/a>, claiming that the search was not sufficient because no examination was made of the auditor’s office or bank officers.<\/span><\/p>\n

Specific Issue<\/strong><\/span><\/p>\n

Is it necessary to do a thorough investigation (look under every rock) as to the residency or whereabouts of a defendant<\/a> in order for service to be made by publication?  No<\/strong><\/span><\/p>\n

Is a reasonable<\/a> search for the defendant<\/a> required in order to support service by publication?  Yes<\/strong><\/span><\/p>\n

Holding<\/b><\/span><\/p>\n

The court has adopted the rule that a “reasonable<\/a> search is necessary” before service by publication can be made. <\/span><\/p>\n

Reasoning<\/b><\/span><\/p>\n

The evidence<\/a> established a reasonable<\/a> effort to find Mr. Chase’s address.<\/span><\/p>\n

C4PSE Comment<\/strong><\/span><\/p>\n

Keep in mind this case<\/a> was heard in 1939. The concept of reasonable<\/a> diligence<\/a> has changed over time. Simply looking in a telephone directory will almost certainly fail to satisfy today’s court as reasonable<\/a> diligence<\/a>. The underlying lesson regarding due diligence<\/a> is still valid.<\/span><\/p>\n

It is important to keep in mind that the type of case<\/a> may<\/a> influence the court’s determination as to what constitutes reasonable<\/a> diligence<\/a>. For instance, in auto tort cases, the court has expressed a strong desire to see the process server supplied with a copy of the accident report.<\/span><\/p>\n

Process servers have an important role to play in helping their client to prepare for any form of alternative service, such as publication, mail, email, or via the Secretary of State.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

Summary Chase v. Carney, 199 Wash. 99, 90 P.2d 286 (1939). Facts Carney brought an action<\/a> for a bond foreclosure<\/a> and service was made on Mr. Chase by publication.  The person<\/a> making the affidavit<\/a> for publication made no investigation or inquiry as to the residence of Mr. Chase, but used information<\/a> that he was not […]<\/p>\n","protected":false},"author":3,"featured_media":0,"parent":2213,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-2219","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/pages\/2219","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/comments?post=2219"}],"version-history":[{"count":0,"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/pages\/2219\/revisions"}],"up":[{"embeddable":true,"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/pages\/2213"}],"wp:attachment":[{"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/media?parent=2219"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}