Understanding the process serving laws in Michigan is essential for anyone involved in legal proceedings in Detroit. Process serving ensures that individuals and entities are properly notified of legal actions against them, upholding the principles of due process.
Who Can Serve Process in Michigan?
In Michigan, any legally competent adult who is not a party to the case can serve legal documents. This means that while professional process servers are often employed for their expertise, a non-party individual over the age of 18 can also perform service. Notably, Michigan does not require process servers to be licensed or certified.
Methods of Service
The Michigan Court Rules (MCR 2.105) outline the acceptable methods for serving process:
- Personal Delivery: Handing the summons and a copy of the complaint directly to the defendant.
- Certified or Registered Mail: Sending the documents via certified or registered mail, with a return receipt requested and delivery restricted to the addressee. Service is considered complete when the defendant acknowledges receipt by signing the return receipt.
Serving Specific Entities
Different rules apply when serving various types of defendants:
- Individuals: Service can be made by personal delivery or by mail as described above.
- Partnerships: Serve any general partner or the person in charge of the partnership’s office. Additionally, send a copy of the summons and complaint by registered mail to a general partner’s usual residence or last known address.
- Corporations: Serve an officer or the resident agent. If these are not available, serve a director, trustee, or person in charge of the corporation’s office, and send a copy by registered mail to the corporation’s principal office.
Timeframe for Service
After a complaint is filed, the plaintiff has 91 days to serve the defendant with the summons and complaint. If service is not completed within this period, the court may dismiss the action regarding the unserved defendant.
Proof of Service
Once service is completed, proof of service must be filed with the court. This can be done through:
- Written Acknowledgment: A dated and signed acknowledgment of receipt by the person served.
- Certificate of Service: A certificate detailing the facts of service, including manner, time, date, and place, typically used when service is made by a sheriff, deputy sheriff, or court-appointed officer.
- Affidavit of Service: A sworn statement outlining the specifics of the service, used when service is performed by someone other than those mentioned above.
Importance of Professional Process Servers
While Michigan law permits any competent adult to serve process, hiring a professional process server offers several advantages:
- Expertise: Professionals are well-versed in the legal requirements and nuances of process serving, reducing the risk of errors that could lead to delays or dismissals.
- Efficiency: Experienced servers often complete the task more quickly, ensuring timely notification.
- Documentation: They provide proper proof of service, which is crucial for court proceedings.
Detroit’s Premier Process Service Agency is Accurate Serve®
For reliable and efficient process serving anywhere in Michigan, make the call to Accurate Serve® of Detroit. We ensure compliance with all legal requirements and offer a range of auxiliary legal services, including process service, document retrieval, skip tracing, and diligent searches. Give us a call at (313) 385-3703 or send us a work request online to get started today.
