COX, J.
¶ 1 Todd Keithly appeals the trial court's summary dismissal with prejudice of this action. He argues that he complied with the requirements of RCW 46.64.040, the nonresident motorist vehicle act, before expiration of the statute of limitations. We hold that he did not. Keithly failed to send "forthwith" notice of the service of the secretary of state by registered mail to Benjamin Sanders at his last known address before the expiration of the statute of limitations. Thus, service under RCW 46.64.040 was ineffective. Accordingly, we affirm the dismissal.
¶ 2 Sanders and Keithly were in a car accident in December 2007. At the time of the accident, Sanders lived in Washington, but he moved to China in 2008. Around the time of his move, Sanders also changed the address on his automobile registration to his father's Federal Way address.
¶ 3 On October 5, 2010, Keithly filed the summons and complaint in this action. Keithly attempted to serve Sanders at the Federal Way address listed on his automobile registration, but Sanders's father told the process server that Sanders did not live there.
¶ 4 In November, Sanders's insurance company wrote to Keithly's attorney informing him that Sanders had relocated to China, and that, consequently, personal service had not been affected. Thereafter, on December 30, Keithly served two copies of a summons and complaint together with the required fee and other documents on the secretary of state.
¶ 5 On January 27, 2011, Keithly sent notice of service of the secretary of state, a copy of the summons, an affidavit of compliance, and an affidavit of due diligence by certified mail to the Federal Way address listed on Sanders's automobile registration. This envelope was returned to Keithly with the notations "Not Here" and "Address Unknown."
¶ 7 Keithly appeals.
¶ 8 Keithly argues that he properly served Sanders under RCW 46.64.040. We disagree.
¶ 9 When reviewing an order of summary judgment, this court considers the facts in the light most favorable to the nonmoving party.
¶ 10 The court's "primary duty in interpreting any statute is to discern and implement the intent of the legislature."
¶ 11 Statutes such as RCW 46.64.040, which provide for constructive or substitute service, must be strictly construed.
¶ 12 Here, the parties do not dispute the underlying facts — the sole issue is the proper interpretation of RCW 46.64.040. Keithly contends that the plain language of the nonresident motorist vehicle act makes service of two copies of the summons on the secretary of state sufficient to obtain personal jurisdiction of the defendant. We disagree.
¶ 13 RCW 46.64.040 provides, in part:
¶ 14 The plain words of RCW 46.64.040 are dispositive. Under this statute, proper service of a summons is made by first "leaving two copies of [the summons]," together with the required fee, with the secretary of state.
¶ 15 The next question is when notice of service of the secretary must be mailed to the defendant's last known address. Keithly argues that his mailing of such notice weeks after serving the secretary of state is sufficient. We disagree.
¶ 16 Service of two copies of the summons on the secretary of state must be followed by mailing notice of such service "forthwith" to the defendant at his last known address.
¶ 17 Accordingly, the plain words of the statute evidence the legislature's intent that notice to the defendant must be mailed immediately after service of two copies of the summons on the secretary of state. Without such timely mailing of notice, service is insufficient.
¶ 18 Keithly argues that the legislature cannot have meant what the plain words of the statute require. We disagree.
¶ 19 First, he contends that the legislature's use of the term "forthwith" in RCW 46.64.040, rather than requiring immediate notice to the defendant after service on the secretary of state, indicates that mailing notice is not part of service.
¶ 20 There, the court did note that the context surrounding the act to be done "forthwith" mattered. In Williams, the context was a sheriff's sale of a foreclosed property.
¶ 22 The statute plainly states that notice of service on the secretary of state mailed to the defendant must include the plaintiff attorney's affidavit of due diligence.
¶ 23 In sum, there is no basis to conclude that Keithly had to await anything before mailing notice of service of the secretary of state to Sander's last known address in Federal Way.
¶ 24 Keithly also relies on case authority to refute the plains words of the statute. None of the cases to which he cites require the conclusion that service was sufficient in this case.
¶ 25 Keithly argues that service on the secretary of state is distinct from notice provided to the defendant. Notice to the defendant, he argues, is a separate "due process consideration," not part of the jurisdictional analysis. Thus, he claims he completed service under RCW 46.64.040 when he personally served the secretary of state. Keithly relies chiefly on Smith v. Forty Million, Inc.
¶ 26 First, as we explained, the plain words of the statute link service of the secretary of state with mailing notice of such service by a proviso. Both must be accomplished and the mailing must be done forthwith after service of the secretary of state.
¶ 27 Second, there is nothing in Smith that supports a contrary conclusion. In Smith, the plaintiff argued that the defendant's nonresidence in the state tolled the statute of limitations.
Keithly argues that this statement by the court indicates that service, for purposes of tolling, is satisfied by service on the secretary of state. That is incorrect. Providing immediate notice to the defendant is what the legislature has chosen as the appropriate method for satisfying due process. As the U.S. Supreme Court noted in Mullane v. Central Hanover Bank & Trust Co., the "`fundamental requisite of due process of law is the opportunity to be heard.' This right to be heard has little reality or worth unless one is informed that the matter is pending and can choose for himself whether to appear or default, acquiesce or contest."
¶ 29 Keithly also relies on Carras v. Johnson
¶ 30 In sum, both service of the secretary of state and mailing of notice of such service forthwith to the defendant must be accomplished, in addition to the other statutory requirements, to effect proper service of process. A failure in either respect makes service ineffective under RCW 46.64.040.
¶ 31 The final question is whether Keithly properly served Sanders before the expiration of the statute of limitations. We hold that he did not.
¶ 32 Generally, a plaintiff has three years to bring a personal injury action before the statute of limitations runs.
¶ 33 Here, the car accident occurred on December 13, 2007. Thus, the statute of limitations would ordinarily have expired on December 13, 2010.
¶ 34 On October 5, 2010, Keithly filed the complaint in this action. This filing tolled the three-year statute of limitations for a 90-day period, ending on January 3, 2011.
¶ 35 Keithly served the secretary of state with two copies of the summons on December 29, 2010. But he failed to mail notice of such service to Sanders at his last known address until January 27, 2011. This date was weeks after the January 3, 2011 tolling period ended for the applicable statute of limitations. Accordingly, Keithly failed to timely serve Sanders. The trial court did not have personal jurisdiction to proceed.
¶ 36 Keithly argues that the trial court should have allowed him a continuance
¶ 37 The general rule is that appellate courts will not consider issues raised for the first time on appeal.
¶ 38 Here, Keithly does not argue why he should be allowed to raise these issues for the first time on appeal. Accordingly, we do not address them.
¶ 39 We affirm the summary judgment dismissal with prejudice.
WE CONCUR: SCHINDLER, and BECKER, JJ.