Wash. Rev. Code » Title 4 · Chapter 4.28
Revised Code of Washington

Wash. Rev. Code § 4.28.100 (2026)

✓ current as of May 2026
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When the defendant cannot be found within the state, and upon the filing of an affidavit of the plaintiff, his or her agent, or attorney, with the clerk of the court, stating that he or she believes that the defendant is not a resident of the state, or cannot be found therein, and that he or she has deposited a copy of the summons (substantially in the form prescribed in RCW 4.28.110) and complaint in the post office, directed to the defendant at his or her place of residence, unless it is stated in the affidavit that such residence is not known to the affiant, and stating the existence of one of the cases hereinafter specified, the service may be made by publication of the summons, by the plaintiff or his or her attorney in any of the following cases:
(1) When the defendant is a nonregistered foreign entity as defined in RCW 23.95.105, and has property within the state;
(2) When the defendant, being a resident of this state, has departed therefrom with intent to defraud his or her creditors, or to avoid the service of a summons, or keeps himself or herself concealed therein with like intent;
(3) When the defendant is not a resident of the state, but has property therein and the court has jurisdiction of the subject of the action;
(4) When the action is for (a) establishment or modification of a parenting plan or residential schedule; or (b) dissolution of marriage, legal separation, or declaration of invalidity, in the cases prescribed by law;
(5) When the action is for nonparental custody under *chapter 26.10 RCW and the child is in the physical custody of the petitioner;
(6) When the subject of the action is real or personal property in this state, and the defendant has or claims a lien or interest, actual or contingent, therein, or the relief demanded consists wholly, or partly, in excluding the defendant from any interest or lien therein;
(7) When the action is to foreclose, satisfy, or redeem from a mortgage, or to enforce a lien of any kind on real estate in the county where the action is brought, or satisfy or redeem from the same;
(8) When the action is against any corporation, whether private or municipal, organized under the laws of the state, and the proper officers on whom to make service do not exist or cannot be found;
(9) When the action is brought under RCW 4.08.160 and 4.08.170 to determine conflicting claims to property in this state.
[ 2025 c 40 s 2; 2011 c 336 s 97; 2005 c 117 s 1; 1981 c 331 s 13; 1953 c 102 s 1. Prior: 1929 c 81 s 1; 1915 c 45 s 1; 1893 c 127 s 9; RRS s 228.]

Notes:

*Reviser's note: Chapter 26.10 RCW, with the exception of RCW 26.10.115, was repealed by 2020 c 312 s 905. RCW 26.10.115 was repealed by 2021 c 215 s 170.
Court Congestion Reduction Act of 1981—Purpose—Severability—1981 c 331: See notes following RCW 2.32.070.
Notes of Decisions
Cited in 122 cases (36 in the last 5 years), 1964–2026 · leading case: Pascua v. Heil, 108 P.3d 1253 (Wash. Ct. App. 2005).
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Pascua v. Heil, 108 P.3d 1253 (Wash. Ct. App. 2005). · cites it 6× “See RCW 4.28.100 (requiring that *1258 the affidavit be filed prior to commencement of publication); State v.”
Jones v. Stebbins, 860 P.2d 1009 (Wash. 1993). · cites it 8× “The requirements for an affidavit in support of service are found in RCW 4.28.100, which authorizes service by publication: When the defendant cannot be found within the state, and upon the filing of an affidavit of the plaintiff, his agent, or attorney, with the clerk of the…”
Pascua v. Heil, 126 Wash. App. 520 (Wash. Ct. App. 2005). · cites it 6× “See RCW 4.28.100 (requiring that the affidavit be filed prior to commencement of publication); State v.”
Boes v. Bisiar, 94 P.3d 975 (Wash. Ct. App. 2004). · cites it 9× “Diligent Effort to Serve A party claiming jurisdiction pursuant to RCW 4.28.100 must show that service by publication was proper.”
Boes v. Bisiar, 122 Wash. App. 569 (Wash. Ct. App. 2004). · cites it 9× “Diligent Effort to Serve A party claiming jurisdiction pursuant to RCW 4.28.100 must show that service by publication was proper.”
First Fed. Sav. & Loan Ass'n v. Ekanger, 613 P.2d 129 (Wash. 1980). · cites it 8× “Counsel for First Federal then decided to serve the summons by publication pursuant to RCW 4.28.100. Accordingly, on January 6, 1976, copies of the summons and *780 complaint were mailed to Ekanger at her home.”
Rodriguez v. James-Jackson, 111 P.3d 271 (Wash. Ct. App. 2005). · cites it 5× “[4] The issue before this court is not only whether the affidavit required by RCW 4.28.100 is sufficient, but whether the plaintiff made an honest and reasonable effort to locate the defendant before seeking service by publication or mail.”
Rodriguez v. James-Jackson, 127 Wash. App. 139 (Wash. Ct. App. 2005). · cites it 5× “4 The issue before this court is not only whether the affidavit required by RCW 4.28.100 is sufficient, but whether the plaintiff made an honest and reasonable effort to locate the defen *144 dant before seeking service by publication or mail.”
Matter of Marriage of Logg, 875 P.2d 647 (Wash. Ct. App. 1994). · cites it 6× “At least one of the eight factual scenarios enumerated in RCW 4.28.100 to which publication applies must be recited in the affidavit.”
In Re the Marriage of Powell, 927 P.2d 1154 (Wash. Ct. App. 1996). · cites it 9× “Powell pursuant to RCW 4.28.100. The notice was published from January 10, 1991 until February 14, 1991, in the Cheney Free Press.”
Parkash v. Perry, 700 P.2d 1201 (Wash. Ct. App. 1985). · cites it 6× “" On April 29 the court authorized service by publication, RCW 4.28.100, 2 based on the affidavit of Mr.”
Dobbins v. Mendoza, 947 P.2d 1229 (Wash. Ct. App. 1997). · cites it 4× “The issue before a court on a postjudgment CR 60(b) motion is not simply whether the affidavit required by RCW 4.28.100 is sufficient, but whether the plaintiff, in fact, made an honest and reasonable effort to locate the defendant before seeking service by publication.”
Show all 122 citing cases →
— Wash. Rev. Code § 4.28.100(1) — 3 cases
Candea Balcom v. Tamara Bland, et ano (Wash. Ct. App. 2018).
Amazon.com Servs. LLC v. Indecor Home Co (W.D. Wash. 2023).
Jfxd Trx Acq LLC v. East River Jw Inc (W.D. Wash. 2024).
— Wash. Rev. Code § 4.28.100(2) — 47 cases
Pascua v. Heil, 108 P.3d 1253 (Wash. Ct. App. 2005). “See RCW 4.28.100 (requiring that *1258 the affidavit be filed prior to commencement of publication); State v.”
Boes v. Bisiar, 94 P.3d 975 (Wash. Ct. App. 2004). “Diligent Effort to Serve A party claiming jurisdiction pursuant to RCW 4.28.100 must show that service by publication was proper.”
Boes v. Bisiar, 122 Wash. App. 569 (Wash. Ct. App. 2004). “Diligent Effort to Serve A party claiming jurisdiction pursuant to RCW 4.28.100 must show that service by publication was proper.”
Pascua v. Heil, 126 Wash. App. 520 (Wash. Ct. App. 2005). “See RCW 4.28.100 (requiring that the affidavit be filed prior to commencement of publication); State v.”
Matter of Marriage of Logg, 875 P.2d 647 (Wash. Ct. App. 1994). “At least one of the eight factual scenarios enumerated in RCW 4.28.100 to which publication applies must be recited in the affidavit.”
— Wash. Rev. Code § 4.28.100(3) — 4 cases
Pascua v. Heil, 108 P.3d 1253 (Wash. Ct. App. 2005). “See RCW 4.28.100 (requiring that *1258 the affidavit be filed prior to commencement of publication); State v.”
Pascua v. Heil, 126 Wash. App. 520 (Wash. Ct. App. 2005). “See RCW 4.28.100 (requiring that the affidavit be filed prior to commencement of publication); State v.”
Ferrari Fin. Servs. Inc v. Biggs (W.D. Wash. 2022).
Zhao v. Tradego Forex Exch. (W.D. Wash. 2024).
— Wash. Rev. Code § 4.28.100(4) — 4 cases
In Re the Marriage of Powell, 927 P.2d 1154 (Wash. Ct. App. 1996). “Powell pursuant to RCW 4.28.100. The notice was published from January 10, 1991 until February 14, 1991, in the Cheney Free Press.”
Matter of Marriage of Logg, 875 P.2d 647 (Wash. Ct. App. 1994). “At least one of the eight factual scenarios enumerated in RCW 4.28.100 to which publication applies must be recited in the affidavit.”
Staley v. Staley, 548 P.2d 1097 (Wash. Ct. App. 1976).
In re the Marriage of: Kelli Benjamin & Greg Benjamin (Wash. Ct. App. 2017).
— Wash. Rev. Code § 4.28.100(5) — 3 cases
Dobbins v. Mendoza, 947 P.2d 1229 (Wash. Ct. App. 1997). “The issue before a court on a postjudgment CR 60(b) motion is not simply whether the affidavit required by RCW 4.28.100 is sufficient, but whether the plaintiff, in fact, made an honest and reasonable effort to locate the defendant before seeking service by publication.”
Dobbins v. Mendoza, 947 P.2d 1229 (Wash. Ct. App. 1997).
U.S. Bank Nat'l Ass'n v. Oliverio, 46 U.C.C. Rep. Serv. 2d (West) 313 (Wash. Ct. App. 2001).
— Wash. Rev. Code § 4.28.100(6) — 4 cases
United States v. Wise (W.D. Wash. 2022).
623 Main Street Assoc. v. John Phillip Hall (Wash. Ct. App. 2019).
Paul J. Pastor, Jr., Et Ano., Resp/x-app V. Real Prop 713 Sw 353rd Pl.., Mei Xia Huang, App/x-resp (Wash. Ct. App. 2022).
Washington State Employees Credit Union v. Velasquez (W.D. Wash. 2023).
— Wash. Rev. Code § 4.28.100(8) — 1 case
Dodo Int'l Inc v. Parker (W.D. Wash. 2021).
— Wash. Rev. Code § 4.28.100(l) — 1 case
U.S. Bank Nat'l Ass'n v. Oliverio, 46 U.C.C. Rep. Serv. 2d (West) 313 (Wash. Ct. App. 2001).
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