Romjue v. Fairchild

In Romjue v. Fairchild, 60 Wn. App. 278, 281, 803 P.2d 57, review denied, 116 Wn.2d 1026, 812 P.2d 102 (1991), the plaintiff improperly served the defendant's mother. Romjue, 60 Wn. App. at 280. Approximately one month after the defendant's attorney filed a notice of appearance, and after the defendant's attorney had received the process server's affidavit, the plaintiff's attorney sent a letter which stated in part, "it is my understanding that the defendants have been served in the above matter Romjue v. Fairchild." 60 Wn. App. at 281. The defendant's attorney did not respond to the letter and later asserted the defense of insufficient service of process after the statute of limitations had expired. Id. at 282. Based on the receipt of the letter, the court concluded that the defendant had actual knowledge that the plaintiff believed service was proper and that the defendant "relied upon the defective service, yet he chose to say nothing until after the statute of limitation had expired." Id. Although the court in Romjue noted that the parties had exchanged interrogatories and defense counsel had the process server's affidavit, the deciding factor for the court was the plaintiff's letter to the defendants, sent before the statute of limitations had run, stating that the plaintiff believed service was proper. Based on the defendant's receipt of this letter, the court concluded that the defendant had actual knowledge of the improper service and his failure to respond to the letter misled the plaintiff. Id. at 281-82.