{"id":544,"date":"2018-01-25T12:59:07","date_gmt":"2018-01-25T04:59:07","guid":{"rendered":"http:\/\/trainingpips.com\/?page_id=544"},"modified":"2018-12-20T13:09:13","modified_gmt":"2018-12-20T21:09:13","slug":"ps-101-chapter-5-article-8-on-companies-doing-express-business","status":"publish","type":"page","link":"https:\/\/www.trainingpips.com\/index.php\/ps-101-a-course-outline\/ps-101-chapter-5-chapter-outline-service-of-the-summons\/ps-101-chapter-5-article-8-on-companies-doing-express-business\/","title":{"rendered":"PS 101 – Chapter 5 – Article 8 – On Companies Doing Express Business"},"content":{"rendered":"

RCW 4.28.080(8)<\/a>
\nIf against a company<\/a> or corporation<\/a> doing any express business, to any agent<\/a> authorized by said company<\/a> or corporation<\/a> to receive and deliver express matters and collect pay therefore within this state.<\/em><\/span><\/p>\n

This is actually a fairly complex statement in terms of the definition of “express business.” A definition for this term is found in:<\/span><\/p>\n

RCW 82.16.010(2)<\/a>
\n<\/em><\/span>“Express business” means the business of carrying property for public hire on the line of any common carrier operated in this state, when such common carrier is not owned or leased by the person<\/a> engaging in such business.<\/em><\/span><\/p>\n

This begins to get complicated by the second clause where it says the “express business” cannot own or lease<\/a> the “common carrier.” A definition for “common carrier” is found in:<\/span><\/p>\n

RCW 81.80.010(4)<\/a>
\n<\/em><\/span>“Common carrier” means any person<\/a> who undertakes to transport property for the general public by motor vehicle for compensation, whether over regular or irregular routes, or regular or irregular schedules, including motor vehicle operations of other carriers by rail or water and of express or forwarding companies.<\/em><\/span><\/p>\n

The author is not familiar with any “express business” having been served in the mode set out in this RCW.<\/span><\/p>\n

Service on such companies is usually obtained by presentation of the summons to the registered agent<\/a> of the company<\/a> or to the owner. Should service on the registered agent<\/a> of an express company<\/a> be challenged (attacked) the argument could be made that the registered agent<\/a> is not “authorized by said company<\/a> or corporation<\/a> to receive and deliver express matters and collect pay therefore.” This argument, depending on the precise circumstances, may<\/a> find leverage with the court since many registered agents are attorneys or other individuals or companies which have nothing whatsoever to do with the company<\/a> for which they are the registered agent<\/a>.<\/span><\/p>\n

A professional process server, faced with an assignment to serve an express business will want to obtain, in writing, specific instructions from his client and then follow those instructions precisely.<\/span><\/p>\n

Service Instructions Summary<\/strong><\/u><\/span><\/p>\n

Present documents to:<\/strong><\/span><\/p>\n\n\n\n\n
 <\/span><\/td>\nWho<\/strong><\/span><\/td>\nWhen & Where<\/strong><\/span><\/td>\n<\/tr>\n
1.<\/span><\/td>\nAny agent<\/a> who can receive or deliver express matters
\n<\/span>for that company<\/a> and who can collect money for doing
\n<\/span>so within Washington.<\/span><\/td>\n		\n

Anytime Anywhere<\/span><\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

NOTE: Extreme caution should be used if someone, not fitting these descriptions, says they have been “authorized” to accept service.<\/span><\/p>\n

[qsm quiz=35]<\/p>\n","protected":false},"excerpt":{"rendered":"

RCW 4.28.080(8) If against a company<\/a> or corporation<\/a> doing any express business, to any agent<\/a> authorized by said company<\/a> or corporation<\/a> to receive and deliver express matters and collect pay therefore within this state. This is actually a fairly complex statement in terms of the definition of “express business.” A definition for this term is […]<\/p>\n","protected":false},"author":3,"featured_media":0,"parent":517,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-544","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/pages\/544","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=544"}],"version-history":[{"count":0,"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/pages\/544\/revisions"}],"up":[{"embeddable":true,"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/pages\/517"}],"wp:attachment":[{"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/media?parent=544"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}