criminal-law civil-law real-estate washington statute-of-limitations
Quitclaim reversal in Washington state. Statue of limitations? Options? Legal recourse?
<p>My question involves real estate located in the State of: Washington</p>

<p>My home, has been hostilely taken over. It appears after my home was legally purchased and transferred into my name, that a dispute emerged and a default judgement was entered and I lost the house because of a quitclaim reversal in Washington State.</p>

<p>What is the statute of limitations? When does tolling begin? I have not been in Washington State for years, but it appears the other party hired an investigator, and filed a news paper notice, et all, and received approval from the assigned judge to have the quitclaim reversed without my presence. However, I was never notified, nor present, even though the person(s) involved knew and know how to contact me, they went an alternate route and it was determined i was "unreachable."</p>

<p>Do I have a case for recourse?</p>

<p>Thank you in advance.</p>

<p>The law regarding proof of service <a href="https://app.leg.wa.gov/rcw/default.aspx?cite=4.28.100" rel="nofollow noreferrer">allows service of summons by publication</a> in case a defendant "is not a resident of the state, but has property therein and the court has jurisdiction of the subject of the action". Plaintiff must
file an affidavit saying that he believes that you are not a resident, and he either mailed the summons to you or states that your residence is unknown. Knowing how to contact a person is not exactly the same as knowing their residence, so the statement in the affidavit might be true. There is a <a href="https://app.leg.wa.gov/RCW/default.aspx?cite=4.28.200" rel="nofollow noreferrer">one year limit</a> on your right to defend and reopen if not served personally. </p>

<p>The statute of limitations tolls after the cause of action has accrued (which I suppose would be defective service of the summons, viz. perjury in the affadavit). 
For recovery of real property, the time would be <a href="https://apps.leg.wa.gov/RCW/default.aspx?cite=4.16&amp;full=true#4.16.020" rel="nofollow noreferrer">ten years</a>. The <a href="https://www.courts.wa.gov/court_rules/?fa=court_rules.display&amp;group=sup&amp;set=CR&amp;ruleid=supcr04" rel="nofollow noreferrer">court rules</a> allow that "At any time in its discretion and upon such terms as it deems just, the court may
allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice
would result to the substantial rights of the party against whom the process issued". (This is clearly a matter that your attorney needs to address).</p>
