Wash. Rev. Code » Title 12 · Chapter 12.40
Revised Code of Washington

Wash. Rev. Code § 12.40.040 (2026)

✓ current as of May 2026
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The notice of claim may be served either as provided for the service of summons or complaint and notice in civil actions as described in RCW 4.28.080 or by registered or certified mail if a return receipt with the signature of the party being served is filed with the court. No other legal document or process is to be served with the notice of claim. Information from the court regarding the small claims department, local small claims procedure, dispute resolution services, or other matters related to litigation in the small claims department may be included with the notice of claim when served.
The notice of claim shall be served promptly after filing the claim. Service must be complete at least ten calendar days prior to the first hearing.
The person serving the notice of claim shall be entitled to receive from the plaintiff, besides mileage, the fee specified in RCW 36.18.040 for such service; which sum, together with the filing fee set forth in RCW 12.40.020, shall be added to any judgment given for plaintiff.
[ 2019 c 251 s 3; 1997 c 352 s 2; 1984 c 258 s 61; 1981 c 194 s 3; 1970 ex.s. c 83 s 3; 1959 c 263 s 9; 1919 c 187 s 4; RRS s 1777-4.]

Notes:

Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Severability—1981 c 194: See note following RCW 36.18.040.
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1997–2023 · leading case: In Re Marriage of McLean, 937 P.2d 602 (Wash. 1997).
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In Re Marriage of McLean, 937 P.2d 602 (Wash. 1997). · cites it 3× “Another statute requiring actual receipt by the addressee is RCW 12.40.040, concerning notice of a claim in small claims court, which states that the notice of the claim can be served "by registered or certified mail if a return receipt with the signature of the party being…”
In re the Marriage of McLean, 132 Wash. 2d 301 (Wash. 1997). · cites it 3× “Another statute requiring actual receipt by the addressee is RCW 12.40.040, concerning notice of a claim in small claims court, which states that the notice of the claim can be served "by registered or certified mail if a return receipt with the signature of the party being…”
Certif. From US for Ninth Cir. v. Kachman, 198 P.3d 505 (Wash. 2008). “040; RCW 12.40.040; RCW 14.08.122; RCW 18.35.100(3); RCW 19.”
Cornhusker Cas. Ins. v. Kachman, 165 Wash. 2d 404 (Wash. 2008). “040; RCW 12.40.040; RCW 14.08.122; RCW 18.35.100(3); RCW 19.”
Morpho Detection Inc., V Wa State Dept Of Revenue, 371 P.3d 101 (Wash. Ct. App. 2016). “040 [(1993)] and RCW 12.40.040 demonstrate.”). ¶19 Morpho’s interpretation leads to absurd results when it is viewed in the context of the entire statute.”
Ralph K. Simmons, V. Dept Of Labor & Indus. (Wash. Ct. App. 2023). · cites it 2× “(quoting RCW 12.40.040) (emphasis added). The Court observed that the statute at issue (RCW 26.”
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