WHAT DO PROCESS SERVERS IN MICHIGAN DO?

This article will provide guidance on What Do Process Servers in Michigan Do? Michigan’s service of process requirements is designed to fulfill due process specifications such that the defendant is sure to be notified of an action by the best methods available. The United States Constitution and the regulations of the State of Michigan determine the court’s authority to exercise jurisdiction over a defendant. 

A court order made in Michigan has a full effect across the whole state and beyond. However, service of process that fails to notify the defendant of the action within the period specified above is not always grounds for dismissal of the action. At Undisputed Legal, we ensure that dismissal is not an option in the first place by guaranteeing you careful and diligent service of the process every time.

Undisputed Legal serves all kinds of documents in Michigan, including but not limited to summonses and complaints, divorce papers, family court documents, subpoenas, citations, small claims court cases, orders to show cause, petitions, discovery documents, evictions, landlord/tenant notices, motions, and more. We are a comprehensive process-serving agency in Michigan, serving government entities at the federal, state, and local levels as well as private businesses and individuals. We aim to preserve your faith in us and offer reliable and fast delivery of your papers. 

BACKGROUND 

In Michigan, the service of process is a crucial step in any legal proceeding. It delivers legal documents to the parties involved in a legal dispute, ensuring that they are informed of the lawsuit or legal action being taken against them. Proper service of process is essential to ensure that the court has jurisdiction over the defendant and that the legal proceedings are fair.

The first step in the service of process in Michigan is identifying the person being served. It is important to have the correct name and address of the person served. This can be obtained through various sources, including public records, private investigators, or contacting the person’s attorney. Undisputed Legal specializes in skip tracing and identifying elusive defendants.  

Just so you know, it is important to follow the specific rules and procedures for each service method in Michigan. For example, personal service must be made by a Michigan process server or a disinterested adult who is not a party to the case. Certified mail service must be sent to the defendant’s last known address, and a copy of the documents must also be mailed to the defendant’s attorney if they have one. Substituted service must be made in accordance with specific requirements, such as leaving the documents with a person of suitable age and discretion at the defendant’s usual place of business. It is thus preferable to involve a private process service agency like Undisputed Legal which can ensure that the service reaches the person it was intended to.

FORM OF A SUMMONS IN MICHIGAN

A summons is a legal document served on a defendant in a civil lawsuit. The court issues the summons and is typically accompanied by a complaint, which sets out the claims being made by the plaintiff against the defendant. The purpose of the summons is to inform the defendant that they are being sued and to provide them with notice of the legal action being taken against them. In Michigan, a summons must contain certain information to be considered valid. The summons must include the name of the court in which the case is being filed, the names of the parties involved in the lawsuit, and the case number assigned by the court. It must also state the date on which the complaint was filed and provide a deadline by which the defendant must respond to the complaint.

The summons must also inform the defendant of their right to respond to the complaint and to defend themselves in the lawsuit. It must include a statement informing the defendant that they have twenty-one days from the service date to file a written response to the complaint. The summons should also include information on how to file a response and where to file it. Additionally, the summons must warn the defendant that failure to respond to the complaint may result in a default judgment being entered against them. This means the court may enter a judgment in favor of the plaintiff if the defendant fails to respond within the required time frame.

In Michigan, the summons must be served on the defendant in accordance with the rules of civil procedure. This typically involves delivering the summons and complaint in person to the defendant, but it may also involve substituted service or service by certified mail in certain circumstances. Consequently, it is imperative to trust the individual who is serving your papers. Choosing a private process service agency like Undisputed Legal in Michigan can offer several advantages when serving legal documents. While there are other options for serving legal documents, such as using the sheriff’s office or relying on certified mail, private Michigan process servers are often the preferred choice since they offer a discreet and accountable way to serve your papers. We ensure that your documents are a top priority while conducting service and always keep you in the loop. 

COURT PROCEDURES UNDER MICHIGAN LAW

Under the court’s seal, the words ‘In the name of the people of the State of Michigan’ must be printed on a summons.  A summons must be served no later than ninety-one days after filing the complaint. Nevertheless, if the plaintiff demonstrates that they made reasonable efforts to serve the initial summons within that ninety-one-day period, the judge assigned to the case might order a new summons to be issued for a certain amount of time that cannot be more than one year from the day the complaint was filed. The clerk must review the case files and write an order dismissing the action as to a defendant who has not been served with process or who has not submitted to the court’s jurisdiction after the period specified has passed. 

It is often confusing to be embroiled in the different requirements that serving and filing your documents must comply with. Here at Undisputed Legal, we safeguard your documents. We use professionally trained Michigan process servers who are residents of Michigan to offer three (3) tiers of service to our customers across the state. We can provide Routine Service, where the Michigan process servers may make the first attempt at service within five to seven days, or Rush Service, which ensures that the first service attempt will be made within forty-eight hours. We also offer service by mail, where documents will be sent out within twenty-four hours. 

There is no variation in the number of attempts made by the Michigan process servers between the two tiers of service other than the time of day they are initiated. In each of the tiers, we provide due diligence, which would ensure that we make three attempts at service in the morning, afternoon, and evening.

HOW TO SERVE PAPERS IN MICHIGAN

A resident or non-resident may be served process by personal service of a summons and complaint onto the defendant. Service of a summons and complaint may also be made upon the defendant by registered or certified mail, return receipt sought, and delivery confined to the addressee or service of a summons and complaint against the defendant by personal service. After the defendant confirms receipt of the letter, service has been effected.   When used in a regulation, ‘registered mail’ also encompasses ‘certified mail,’ and when used in conjunction with ‘certified mail, return receipt desired,’ both terms are synonymous.  If a regulation refers to ‘certified mail,’ a proof-of-mailing postmark is unnecessary. When a regulation specifies certified mail, registered mail may be used instead.

It should be noted that a summons in Michigan is a legal document that is served on a defendant in a civil lawsuit. It must include certain information, such as the names of the parties involved, the court in which the case is being filed, and the deadline for responding to the complaint. It must also inform the defendant of their right to respond to the complaint and the consequences of failing. Without all the requisite components, your case may not be heard. Consequently, it is imperative to involve the services of a reputed and reliable process service agency to care for your documents. 

PROOF OF SERVICE IN MICHIGAN

Any adult who is not a party to the case or an official of a corporate party may serve the process in a civil action.  It is necessary to specify a certificate stating the facts of service, including the manner, time, and place of service. The affidavit should also include if service is made within the State of Michigan and by whom service was done. Documentation of service, if that office is located within the State of Michigan, should be specified, and a written acknowledgment of the receipt of a summons and a copy of the complaint, dated and signed.

Suppose a copy of the summons and complaint must be sent as part of the chosen service method. In that case, the party seeking the summons issuance is responsible for mailing the documents and submitting evidence of service.  Whether the defendant is a resident or nonresident, service of process can be accomplished by [A.] personally delivering the summons and complaint to the defendant or [B.] by mailing the summons, and complaint via registered or certified mail with a return receipt requested and delivery restricted to the addressee. After the defendant confirms receipt of the letter, service has been effected. The defendant must sign and date a copy of the return receipt to complete evidence of service.

On an individual who does not reside in Michigan, service of process may be made by serving a summons and copy of the complaint on the defendant’s agent, employee, representative, sales representative, or servant in Michigan and sending a summons and copy of the complaint to the defendant via registered mail at the defendant’s last known address. 

One of the main benefits of using a private process service agency like Undisputed Legal is our expertise and experience in serving legal documents. Our process servers are often more familiar with the legal process and can ensure that the documents are served in accordance with the specific requirements and deadlines of the case. 

OUT-OF-STATE SERVICE IN MICHIGAN

The first requirement for out-of-state service is that the person serving the documents must comply with the state’s laws where the defendant is located. This means that the person must follow the rules and procedures for service of process in the state where the defendant is located, in addition to complying with the Michigan Court Rules.

Once the documents have been served in accordance with the laws of the state where the defendant is located, the person serving the documents must file an affidavit of service with the court in Michigan. The affidavit must include details about the date, time, and manner in which the documents were served, as well as the name and address of the person who served the documents. Papers may be served on a person who does not live in Michigan, by serving a summons and copy of the complaint on the defendant’s agent, employee, or representative in Michigan, and by mailing a summons and copy of the complaint to the defendant’s last known address through registered mail. 

It is important to note that out-of-state service can be a complex and time-consuming process. It is recommended that individuals seeking to serve legal documents to a defendant outside of Michigan seek advice and assistance from a private process service agency like Undisputed Legal which can guide them through the process and ensure that service is proper and valid. At Undisputed Legal, we ensure you are always in the loop with your documents and know exactly where they are. We guarantee this by providing GPS affidavits of service to our clients and ‘Real-Time’ email updates. We also provide emailed copies of the affidavit for service by mail. New customers also get a free, basic skip trace! 

FOR ASSISTANCE SERVING LEGAL PAPERS IN MICHIGAN

Pick up the phone and call Toll Free (800) 774-6922, or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your process service needs; no job is too small or too large!  For a complete list of our Michigan Process Service Coverage Areas, Click Here!

Please feel free to contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

“Quality is never an accident; it is always the result of high intention, a sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives”– Foster, William A

Sources

1. The summons must be served on the defendant and contain the following information: 

the court’s name and address; 

1. the names of the parties;
2. the file number;
3. the name and address of the plaintiff’s attorney or the address of a plaintiff appearing without an attorney; 
4. the defendant’s address, if known; 
5. the name of the court clerk;
6. the date the summons was issued; 
7. the last date the summons is valid; 
8. a statement that the summons is invalid

2. The failure of the clerk to issue a dismissal order does not reopen a case that has been ruled dismissed.

3. A thorough search for a non-responsive defendant is essential for providing a reasonable basis for and legitimacy to ordering alternative services. 

The appeal of Kreuger v. Williams, 300 N.W.2d 910 (Mich. 1981), 101 S.Ct. 3102, 452 U.S. 956.

4. Only if you send anything certified mail will the post office stamp the proof of sending.

5. Any portion of the Great Lakes or its boundary waters that is legally inside the state may be used to serve legal process. To determine a state’s boundaries, a county’s boundaries may be extended to encompass the waters of the Great Lakes and border waterways that border that county. Process issued from any county may be served on the waters of the Great Lakes at any place within 10 miles of the shoreline of that county, even if the county’s border lines are not capable of extension because they are irregular.

6. Only a sheriff or deputy sheriff, an officer of the Department of State Police in an action in which the state is a party, a police officer of an incorporated city or village in an action in which the city or village is a party, or a constable may serve a writ of restitution or process requiring the seizure or attachment of property.

7. MCR 2.106 governs the requirements for proof of publishing, posting, and mailing

8. In Michigan, out-of-state service is governed by the Michigan Court Rules, specifically, MCR 2.105. The rules set forth the requirements for out-of-state service, which must be strictly followed to ensure that service is proper and valid.

9. Overuse of replacement service and the resulting default judgment is something courts should try to prevent as a matter of public policy. 

83 Mich.App. 252 (Sechler v. Van Hoey), 268 N.W.2d 364 (1983). (1978).